[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Placed on Calendar Senate (PCS)]
Calendar No. 122
114th CONGRESS
1st Session
S. 1619
[Report No. 114-68]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2016, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2015
Mr. Hoeven, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2016, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2016, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $133,362,000: Provided, That
not to exceed $45,000 shall be for official reception and
representation expenses: Provided further, That 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 Immediate Office of the Secretary and the Immediate Office of the
Deputy Secretary: Provided further, That, not later than 30 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, the Committees on the Judiciary of the House
of Representatives and the Senate, the Committee on Homeland Security
of the House of Representatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate the comprehensive plan for
implementation of the biometric entry and exit data system as required
under this heading in Public Law 114-4 and a report on visa overstay
data by country as required by section 1376 of title 8, United States
Code: Provided further, That the report on visa overstay data shall
also include--
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and
sub-classes of such categories; and
(2) numbers as well as rates of overstays for each class
and sub-class of such nonimmigrant categories on a per-country
basis:
Provided further, That, of the funds provided under this heading,
$13,000,000 shall be withheld from obligation for the Office of the
Secretary and Executive Management until both the comprehensive plan
and the report are submitted.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $184,465,000, of which
not to exceed $2,250 shall be for official reception and representation
expenses: Provided, That, of the total amount made available under
this heading, $2,931,000 shall remain available until September 30,
2017, solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $7,778,000
shall remain available until September 30, 2017, for the Human
Resources Information Technology program: Provided further, That the
Under Secretary for Management shall include in the President's budget
proposal for fiscal year 2017, submitted pursuant to section 1105(a) of
title 31, United States Code, a Comprehensive Acquisition Status
Report, which shall include the information required under the heading
``Office of the Under Secretary for Management'' under title I of
division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74), and shall submit quarterly updates to such report not later
than 45 days after the completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $53,420,000: Provided, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time the
President's budget proposal for fiscal year 2017 is submitted pursuant
to section 1105(a) of title 31, United States Code, the Future Years
Homeland Security Program, as authorized by section 874 of Public Law
107-296 (6 U.S.C. 454).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Departmentwide technology investments,
$304,479,000; of which $104,790,000 shall be available for salaries and
expenses; and of which $199,689,000, to remain available until
September 30, 2017, shall be available for development and acquisition
of information technology equipment, software, services, and related
activities for the Department of Homeland Security.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $263,467,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; of which not to exceed $2,000,000 is available for facility
needs associated with secure space at fusion centers, including
improvements to buildings; and of which $109,639,000 shall remain
available until September 30, 2017.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $134,488,000; of which 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.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,779,325,000; 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 not to exceed $34,425 shall be for official reception and
representation expenses; 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; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which 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:
Provided, That, of the amounts made available under this heading for
Inspection and Detection Technology Investments, $18,500,000 shall
remain available until September 30, 2018: Provided further, That, for
fiscal year 2016, the overtime limitation prescribed in section 5(c)(1)
of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be available to compensate any employee
of U.S. Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That the Border Patrol shall maintain an active duty
presence of not less than 21,370 full-time equivalent agents protecting
the borders of the United States in the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $854,029,000; of which $463,059,000 shall remain available
until September 30, 2018; and of which not less than $151,062,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $373,461,000, to remain available until September 30, 2017.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, the
Air and Marine Operations Center, and other related equipment of the
air and marine program, including salaries and expenses, operational
training, and mission-related travel, the operations of which include
the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Department of
Homeland Security; and, at the discretion of the Secretary of Homeland
Security, the provision of assistance to Federal, State, and local
agencies in other law enforcement and emergency humanitarian efforts;
$754,614,000; of which $303,445,000 shall be available for salaries and
expenses; and of which $451,169,000 shall remain available until
September 30, 2018: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall
be transferred to any other Federal agency, department, or office
outside of the Department of Homeland Security during fiscal year 2016
without prior notice to the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That the Secretary
of Homeland Security shall report to the Committees on Appropriations
of the Senate and the House of Representatives, not later than 90 days
after the date of enactment of this Act, on any changes to the 5-year
strategic plan of the air and marine program required under the heading
``Air and Marine Interdiction, Operations, and Maintenance'' in Public
Law 112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, $313,500,000, to remain available until September 30, 2020.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including
intellectual property rights and overseas vetted units operations; and
purchase and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; $5,762,494,000; of which not to exceed $10,000,000 shall
be available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081);
of which not to exceed $11,475 shall be for official reception and
representation expenses; of which not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of which not
less than $305,000 shall be for promotion of public awareness of the
child pornography tipline and activities to counter child exploitation;
of which not less than $5,400,000 shall be used to facilitate
agreements consistent with section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)); of which not to exceed $40,000,000,
to remain available until September 30, 2018, is for maintenance,
construction, and lease hold improvements at owned and leased
facilities; and of which not to exceed $11,216,000 shall be available
to fund or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That none of the
funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration emergencies:
Provided further, That, of the total amount provided, $15,770,000 shall
be for activities to enforce laws against forced child labor, of which
not to exceed $6,000,000 shall remain available until expended:
Provided further, That, of the total amount available, not less than
$1,600,000,000 shall be available to identify aliens convicted of a
crime who may be deportable, and to remove them from the United States
once they are judged deportable: Provided further, That the Secretary
of Homeland Security shall prioritize the identification and removal of
aliens convicted of a crime by the severity of that crime: Provided
further, That funding made available under this heading shall maintain
a level of not less than 34,000 detention beds through September 30,
2016: Provided further, That, of the total amount provided, not less
than $3,201,977,000 is for enforcement, detention, and removal
operations, including transportation of unaccompanied minor aliens:
Provided further, That, of the amount provided for Custody Operations
in the previous proviso, $45,000,000 shall remain available until
September 30, 2020: Provided further, That, of the total amount
provided for the Visa Security Program, $13,300,000 shall remain
available until September 30, 2017: Provided further, That 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: Provided further,
That none of the funds provided under this heading may be used to
continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated: Provided further, That none
of the funds provided under this heading may be used to continue any
contract for the provision of detention services if the two most recent
overall performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens
convicted of a crime: Provided further, That, without regard to the
limitation as to time and condition of section 503(d) of this Act, the
Secretary may propose to reprogram and transfer funds within and into
this appropriation necessary to ensure the detention of aliens
prioritized for removal.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $53,000,000, to remain available until September 30, 2018.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,582,528,000, to remain
available until September 30, 2017; of which not to exceed $7,650 shall
be for official reception and representation expenses: Provided, That
any award to deploy explosives detection systems shall be based on
risk, the airport's current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high injury
rates, airport readiness, and increased cost effectiveness: Provided
further, That security service fees authorized under section 44940 of
title 49, United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2016 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $3,452,528,000: Provided
further, That the funds deposited pursuant to section 515 of Public Law
108-334 that are currently unavailable for obligation are hereby
permanently cancelled: Provided further, That, notwithstanding section
44923 of title 49, United States Code, for fiscal year 2016, any funds
in the Aviation Security Capital Fund established by section 44923(h)
of title 49, United States Code, may be used for the procurement and
installation of explosives detection systems or for the issuance of
other transaction agreements for the purpose of funding projects
described in section 44923(a) of such title: Provided further, That,
notwithstanding any other provision of law, for the current fiscal year
and each fiscal year hereafter, mobile explosives detection systems
purchased and deployed using funds made available under this heading
may be moved and redeployed to meet evolving passenger and baggage
screening security priorities at airports: Provided further, That none
of the funds made available in this Act may be used for any recruiting
or hiring of personnel into the Transportation Security Administration
that would cause the agency to exceed a staffing level of 43,000 full-
time equivalent screeners: Provided further, That the preceding
proviso shall not apply to personnel hired as part-time employees:
Provided further, That, not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective
security of passengers and baggage at the lowest possible
operating and acquisition costs, including projected funding
levels for each fiscal year for the next 5 years or until
project completion, whichever is earlier;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener workforce
in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening, including
high-speed baggage screening and how those savings are being
used to offset security costs or reinvested to address security
vulnerabilities:
Provided further, That the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a
semiannual report updating information on a strategy to increase the
number of air passengers eligible for expedited screening as specified
under this heading in Public Law 114-4: Provided further, That Members
of the United States House of Representatives and United States Senate,
including the leadership; the heads of Federal agencies and
commissions, including the Secretary, Deputy Secretary, Under
Secretaries, and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney General,
Assistant Attorneys General, and the United States Attorneys; and
senior members of the Executive Office of the President, including the
Director of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$122,728,000, to remain available until September 30, 2017.
intelligence and vetting
For necessary expenses for the development and implementation of
intelligence and vetting activities, $225,315,000, to remain available
until September 30, 2017.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support pursuant to
the Aviation and Transportation Security Act (Public Law 107-71; 115
Stat. 597; 49 U.S.C. 40101 note), $918,867,000, to remain available
until September 30, 2017.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; purchase or lease of other equipment (at a unit cost of no
more than $250,000); minor shore construction projects not exceeding
$1,000,000 in total cost on any location; payments pursuant to section
156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $6,996,365,000, of which $500,002,000 shall be
for defense-related activities, of which $160,002,000 is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and shall be available only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $30,600 shall be for
official reception and representation expenses: Provided, That none of
the funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation: Provided further, That, to the extent
fees are insufficient to pay expenses of recreational vessel
documentation under such section 12114, and there is a backlog of
recreational vessel applications, then personnel performing non-
recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114: Provided further, That, of the funds provided
under this heading, $85,000,000 shall be withheld from obligation for
Coast Guard Headquarters Directorates until a future-years capital
investment plan for fiscal years 2017-2021, as specified under the
heading ``Coast Guard, Acquisition, Construction, and Improvements'' of
this Act, is submitted to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That funds
made available under this heading for Overseas Contingency Operations/
Global War on Terrorism may be allocated by program, project, and
activity, notwithstanding section 503 of this Act: Provided further,
That, without regard to the limitation as to time and condition of
section 503(d) of this Act, after June 30, up to $10,000,000 may be
reprogrammed to or from Military Pay and Allowances in according with
subsections (a), (b), and (c) of section 503.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,221,000, to remain available until
September 30, 2020.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $110,614,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease, and operation of facilities and equipment; as
authorized by law; $1,573,269,000; of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts, to remain
available until September 30, 2020 (except as subsequently specified),
shall be available as follows: $1,069,900,000 to acquire, effect major
repairs to, renovate, or improve vessels, small boats, and related
equipment; $200,000,000 to acquire, effect major repairs to, renovate,
or improve aircraft or increase aviation capability; $65,100,000 for
other acquisition programs; $121,400,000 for shore facilities and aids
to navigation, including facilities at Department of Defense
installations used by the Coast Guard; and $116,869,000, to remain
available until September 30, 2016, for personnel compensation and
benefits and related costs: Provided, That, of the funds provided by
this Act, not less than $640,000,000 shall be immediately available and
allotted to contract for the production of the ninth National Security
Cutter notwithstanding the availability of funds for postproduction
costs: Provided further, That the Commandant of the Coast Guard shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, at the time the
President's budget proposal for fiscal year 2017 is submitted pursuant
to section 1105(a) of title 31, United States Code, a future-years
capital investment plan for the Coast Guard that identifies for each
requested capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition programs baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each
asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed
funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition
activities, production, structural modifications,
missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal
year; and
(ii) major acquisition and project events,
including development of operational
requirements, contracting actions, design
reviews, production, delivery, test and
evaluation, and transition to operations,
including necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline and the most recent baseline approved by the
Department of Homeland Security's Acquisition Review
Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of
comparable legacy assets, identifying known capability
gaps between such existing capabilities and stated
mission requirements, and explaining how the
acquisition of each asset will address such known
capability gaps;
(E) defines life-cycle costs for each asset and the
date of the estimate on which such costs are based,
including all associated costs of major acquisitions
systems infrastructure and transition to operations,
delineated by purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and
(G) includes a phase-out and decommissioning
schedule delineated by fiscal year for each existing
legacy asset that each asset is intended to replace or
recapitalize:
Provided further, That the Commandant of the Coast Guard shall ensure
that amounts specified in the future-years capital investment plan are
consistent, to the maximum extent practicable, with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget proposal for
fiscal year 2017, submitted pursuant to section 1105(a) of title 31,
United States Code: Provided further, That any inconsistencies between
the capital investment plan and proposed appropriations shall be
identified and justified: Provided further, That the Director of the
Office of Management and Budget shall not delay the submission of the
capital investment plan referred to by the preceding provisos:
Provided further, That the Director of the Office of Management and
Budget shall have no more than a single period of 10 consecutive
business days to review the capital investment plan prior to
submission: Provided further, That the Secretary of Homeland Security
shall notify the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives one day after the
capital investment plan is submitted to the Office of Management and
Budget for review and the Director of the Office of Management and
Budget shall notify the Committees on Appropriations of the Senate and
the House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives when such review is
completed.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$18,019,000, to remain available until September 30, 2018, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts, and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,604,000,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the United States Secret Service; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,837,165,000; of which not
to exceed $19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children and shall
remain available until September 30, 2017; and of which not less than
$10,000,000 shall be for activities related to training in electronics
crimes investigations and forensics: Provided, That $18,000,000 for
protective travel shall remain available until September 30, 2017:
Provided further, That, of the amounts made available under this
heading for security improvements at the White House complex,
$8,200,000 shall remain available until September 30, 2017: Provided
further, That $4,500,000 for National Special Security Events shall
remain available until expended: Provided further, That the United
States Secret Service is authorized to obligate funds in anticipation
of reimbursements from Federal agencies and entities, as defined in
section 105 of title 5, United States Code, for personnel receiving
training sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: Provided further, That none of the funds made available
under this heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Secretary of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security purposes:
Provided further, That none of the funds made available to the United
States Secret Service by this Act or by previous appropriations Acts
may be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided
further, That the Director of the United States Secret Service may
enter into an agreement to provide such protection on a fully
reimbursable basis: Provided further, That none of the funds made
available to the United States Secret Service by this Act or by
previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation:
Provided further, That, for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less, may be transferred
between Protection of Persons and Facilities and Domestic Field
Operations.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $86,974,000; of which $26,432,000, to remain available
until September 30, 2020, shall be for acquisition, construction,
improvement, and maintenance of the James J. Rowley Training Center;
and of which $60,542,000, to remain available until September 30, 2018,
shall be for Information Integration and Technology Transformation
program execution.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For the management and administration of the National Protection
and Programs Directorate, and support for operations and information
technology, $57,971,000: Provided, That not to exceed $3,825 shall be
for official reception and representation expenses: Provided further,
That the President's budget proposal for fiscal year 2017, submitted
pursuant to section 1105(a) of title 31, United States Code, shall be
detailed by office, and by program, project, and activity level, for
the National Protection and Programs Directorate.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,297,000,000, of which $271,363,000 shall remain available until
September 30, 2017.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Director of the Federal Protective Service shall submit at the time
the President's budget proposal for fiscal year 2017 is submitted
pursuant to section 1105(a) of title 31, United States Code, a
strategic human capital plan that aligns fee collections to personnel
requirements based on a current threat assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $283,265,000:
Provided, That, of the total amount made available under this heading,
$159,054,000 shall remain available until September 30, 2018.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$122,924,000; of which $25,865,000 is for salaries and expenses and
$83,278,000 is for BioWatch operations: Provided, That, of the amount
made available under this heading, $13,781,000 shall remain available
until September 30, 2017, for biosurveillance, chemical defense,
medical and health planning and coordination, and workforce health
protection.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$928,806,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the National Dam Safety Program Act (33 U.S.C. 467 et seq.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner
Flood Insurance Affordability Act of 2014 (Public Law 113-89):
Provided, That not to exceed $2,250 shall be for official reception and
representation expenses: Provided further, That, of the total amount
made available under this heading, $35,180,000 shall be for the Urban
Search and Rescue Response System, of which none is available for
Federal Emergency Management Agency administrative costs: Provided
further, That, of the total amount made available under this heading,
$27,500,000 shall remain available until September 30, 2017, for
capital improvements and other expenses related to continuity of
operations at the Mount Weather Emergency Operations Center: Provided
further, That, of the total amount made available, $3,422,000 shall be
for the Office of National Capital Region Coordination: Provided
further, That the Administrator of the Federal Emergency Management
Agency, in consultation with the Department of Homeland Security Chief
Information Officer, shall submit to the Committees on Appropriations
of the Senate and the House of Representatives an expenditure plan
including results to date, plans for the program, and a list of
projects with associated funding provided from prior appropriations and
provided by this Act for automated systems.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, $1,500,000,000, which shall be allocated as follows:
(1) $467,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which $55,000,000 shall be for
Operation Stonegarden: Provided, That, notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2016,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $600,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which not less than $25,000,000 shall
be for organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under sections 1406, 1513, and
1532 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182),
of which not less than $10,000,000 shall be for Amtrak
security: Provided, That such public transportation security
assistance shall be provided directly to public transportation
agencies.
(4) $100,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,000,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs,
of which $162,991,000 shall be for training of State, local,
and tribal emergency response providers:
Provided, That, for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That, notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11))
or any other provision of law, a grantee may not use more than 5
percent of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communications towers is not considered construction of a building
or other physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary by the
Secretary of Homeland Security: Provided further, That,
notwithstanding section 509 of this Act, the Administrator of the
Federal Emergency Management Agency may use the funds provided in
paragraph (5) to acquire real property for the purpose of establishing
or appropriately extending the security buffer zones around Federal
Emergency Management Agency training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, to
remain available until September 30, 2017, of which $340,000,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$340,000,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2016, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2016, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,374,693,000, to remain available until expended, of which
$24,000,000 shall be transferred to the Department of Homeland Security
Office of Inspector General for audits and investigations related to
disasters: Provided, That the Administrator of the Federal Emergency
Management Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing
the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act: Provided further, That the Administrator of the
Federal Emergency Management Agency shall submit to such Committees a
semiannual report detailing obligations against the expenditure plan
and a justification for any changes from the initial plan: Provided
further, That the Administrator of the Federal Emergency Management
Agency shall submit to the Committees on Appropriations of the Senate
and the House of Representatives the following reports, including a
specific description of the methodology and the source data used in
developing such reports--
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget
proposal for fiscal year 2017 is submitted pursuant to section
1105(a) of title 31, United States Code--
(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic
events for the budget year;
(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current year, the budget year, the budget year plus
1, the budget year plus 2, and the budget year plus 3
and beyond;
(F) the amount of previously obligated funds that
will be recovered for the budget year;
(G) the amount that will be required for
obligations for emergencies, as described in section
102(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(1)), major
disasters, as described in section 102(2) of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2)), fire management assistance
grants, as described in section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5187), surge activities, and disaster
readiness and support activities; and
(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99-177); and
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month and shall be published
by the Administrator on the Agency's Web site not later than
the fifth day of each month--
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made;
(B) a table of disaster relief activity delineated
by month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
(iii) the obligations for catastrophic
events delineated by event and by State; and
(iv) the amount of previously obligated
funds that are recovered;
(C) a summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event;
(D) in addition, for a disaster declaration related
to Hurricane Sandy, the cost of the following
categories of spending: public assistance, individual
assistance, mitigation, administrative, operations, and
any other relevant category (including emergency
measures and disaster resources); and
(E) the date on which funds appropriated will be
exhausted:
Provided further, That the Administrator shall publish on the
Agency's Web site not later than 5 days after an award of a public
assistance grant under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172) the specifics of
the grant award: Provided further, That, for any mission assignment or
mission assignment task order to another Federal department or agency
regarding a major disaster, not later than 5 days after the issuance of
the mission assignment or task order, the Administrator shall publish
on the Agency's Web site the following: the name of the impacted State
and the disaster declaration for such State, the assigned agency, the
assistance requested, a description of the disaster, the total cost
estimate, and the amount obligated: Provided further, That, not later
than 10 days after the last day of each month until the mission
assignment or task order is completed and closed out, the Administrator
shall update any changes to the total cost estimate and the amount
obligated: Provided further, That, of the amount provided under this
heading, $6,712,953,000 shall be for major disasters declared pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.): Provided further, That the amount in the
preceding proviso is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 916), $190,000,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89, 128 Stat.
1020): $181,198,000, which shall remain available until September 30,
2017, and shall be derived from offsetting amounts collected under
section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $25,299,000 shall be available for salaries and
expenses associated with flood management and flood insurance
operations and $155,899,000 shall be available for flood plain
management and flood mapping: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain management
and flood mapping: Provided further, That, in fiscal year 2016, no
funds shall be available from the National Flood Insurance Fund under
section 1310 of that Act (42 U.S.C. 4017) in excess of--
(1) $133,252,000 for operating expenses;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000 which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding subsection (e)
of section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c) and notwithstanding subsection (a)(7) of section
1310 of the National Flood Insurance Act of 1968 (42 U.S.C.
4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 shall be deposited
in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $3,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Act of 2014 (42
U.S.C. 4033).
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $100,000,000, to remain available until expended.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $100,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading: Provided
further, That the Administrator of the Federal Emergency Management
Agency shall transfer funds appropriated under this heading to
``Department of Housing and Urban Development, Homeless Assistance
Grants'': Provided further, That, when funds are transferred pursuant
to the previous proviso, notwithstanding the references to the
Administrator in 42 U.S.C. 11331 through 11335 and 11341, the Secretary
of Housing and Urban Development shall carry out the functions of the
Administrator with respect to the Emergency Food and Shelter Program,
including with respect to the National Board: Provided further, That
the Federal Emergency Management Agency and the Department of Housing
and Urban Development shall execute an Interagency Agreement within 60
days of the date of enactment of this Act detailing how the program
will be transitioned and ensuring that the program structure continues
consistent with current law: Provided further, That the President's
budget for fiscal year 2017 submitted pursuant to section 1105(a) of
title 31, United States Code, shall include language effectuating the
transfer: Provided further, That the Administrator shall be
accountable for any amounts obligated from the ``Federal Emergency
Management Agency, Emergency Food and Shelter'' 70 x 0707 account
prior to the date of enactment of this Act until such time as all funds
have been expended and all recoveries have been transferred to
``Department of Housing and Urban Development, Homeless Assistance
Grants''.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$119,671,000 for the E-Verify Program, as described in section 403(a)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That, notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $219,443,000; of which up to $59,908,000 shall
remain available until September 30, 2017, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in training
accreditation; and of which not to exceed $7,180 shall be for official
reception and representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended under this heading in division F of Public Law 113-
76, is further amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'': Provided further, That the Director of the
Federal Law Enforcement Training Center shall schedule basic or
advanced law enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement Training
Center to ensure that such training facilities are operated at the
highest capacity throughout the fiscal year: Provided further, That
the Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process
to continue the implementation of measuring and assessing the quality
and effectiveness of Federal law enforcement training programs,
facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $26,453,000, to remain available until September 30,
2020: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $130,431,000: Provided,
That not to exceed $7,650 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $634,435,000 shall remain available until
September 30, 2018.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $37,518,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $196,000,000, to
remain available until September 30, 2018.
systems acquisition
For necessary expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture, $86,745,000,
to remain available until September 30, 2018.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2016, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which
funding levels were requested for Federal full-time equivalents
in the object classification tables contained in the fiscal
year 2016 Budget Appendix for the Department of Homeland
Security, as modified by the report accompanying this Act,
unless the Committees on Appropriations of the Senate and the
House of Representatives are notified 15 days in advance of
such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2016, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces by 10 percent the numbers of personnel approved
by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided after June
30, except in extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2016: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2016 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further,
That the Committees on Appropriations of the Senate and House of
Representatives shall be notified of any activity added to or removed
from the fund: Provided further, That the Chief Financial Officer of
the Department of Homeland Security shall submit a quarterly execution
report with activity level detail, not later than 30 days after the end
of each quarter.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2016, as recorded in the financial records at the
time of a reprogramming request, but not later than June 30, 2016, from
appropriations for salaries and expenses for fiscal year 2016 in this
Act shall remain available through September 30, 2017, in the account
and for the purposes for which the appropriations were provided:
Provided, That, prior to the obligation of such funds, a request shall
be submitted to the Committees on Appropriations of the Senate and the
House of Representatives for approval in accordance with section 503 of
this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2016 until the enactment of an Act authorizing
intelligence activities for fiscal year 2016.
Sec. 507. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used to--
(1) make or award a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds; or
(3) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered
by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition
under subsection (a) if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of making an award or issuing a letter
as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
(e) The Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the
House of Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections applied
to funds made available in that Act.
(b) The third proviso of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (6 U.S.C. 114), shall hereafter not
apply with respect to funds made available in this or any other Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report for that
month that includes total obligations of the Department for that month
for the fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation: Provided,
That total obligations for staffing shall also be provided by
subcategory of on-board and funded full-time equivalent staffing
levels, respectively: Provided further, That the report shall specify
the number of, and total obligations for, contract employees for each
office of the Department.
Sec. 514. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to notification:
Provided, That semiannual reports shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.
Sec. 515. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of United States
Citizenship and Immigration Services of the Department of Homeland
Security who are known as Immigration Information Officers, Immigration
Service Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 516. Any funds appropriated to ``Coast Guard, Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 517. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 518. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2016, 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
year 2016.
(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, 2017.
Sec. 519. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 520. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2015,'' and inserting ``Until September 30, 2016,''; and
(2) in subsection (c)(1), by striking ``September 30,
2015,'' and inserting ``September 30, 2016,''.
Sec. 521. 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 outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 522. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States flag
maritime industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b).
Sec. 523. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 524. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 525. 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 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) 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 approve
the proposed transfers.
Sec. 526. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 527. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 528. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall publish on the Web site of the Federal Emergency Management
Agency a report regarding that decision that shall summarize damage
assessment information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 529. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 530. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 531. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 532. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 533. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 534. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 535. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 536. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, up to $10,000,000 may be allocated by United States
Citizenship and Immigration Services in fiscal year 2016 for the
purpose of providing an immigrant integration grants program.
(b) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 537. For an additional amount for the ``Office of the Under
Secretary for Management'', $212,303,000, to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the department headquarters consolidation
project and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90
days after the date of enactment of the Act detailing the allocation of
these funds.
Sec. 538. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 539. (a) For an additional amount for financial systems
modernization, $36,113,000 to remain available until September 30,
2017.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 540. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 541. The Commissioner of U.S. Customs and Border Protection
and the Assistant Secretary of Homeland Security for U.S. Immigration
and Customs Enforcement shall, with respect to fiscal years 2016, 2017,
2018, and 2019, submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the
President's budget proposal for fiscal year 2017 is submitted pursuant
to the requirements of section 1105(a) of title 31, United States Code,
the information required in the multi-year investment and management
plans required, respectively, under the heading ``U.S. Customs and
Border Protection, Salaries and Expenses'' under title II of division D
of the Consolidated Appropriations Act, 2012 (Public Law 112-74); under
the heading ``U.S. Customs and Border Protection, Border Security
Fencing, Infrastructure, and Technology'' under such title; and by
section 568 of such Act.
Sec. 542. The Secretary of Homeland Security shall ensure
enforcement of all immigration laws (as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 543. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 544. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 545. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or
any other successor grant programs unless explicitly authorized by
Congress.
Sec. 546. None of the funds made available in this Act may be used
to provide funding for the position of Public Advocate, or a successor
position, within U.S. Immigration and Customs Enforcement.
Sec. 547. Section 559(e)(3)(D) of Public Law 113-76 is amended by
striking ``five pilots per year'' and inserting ``10 pilots per year''.
Sec. 548. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 549. None of the funds made available by this or any other
Act may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 550. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 551. With the exception of countries with preclearance
facilities in service prior to 2013, none of the funds made available
in this Act may be used for new U.S. Customs and Border Protection air
preclearance agreements entering into force after February 1, 2014,
unless: (1) the Secretary of Homeland Security, in consultation with
the Secretary of State, has certified to Congress that air preclearance
operations at the airport provide a homeland or national security
benefit to the United States; (2) U.S. passenger air carriers are not
precluded from operating at existing preclearance locations; and (3) a
U.S. passenger air carrier is operating at all airports contemplated
for establishment of new air preclearance operations.
Sec. 552. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 553. (a) In General.--Beginning on the date of the enactment
of this Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian, cyclist, and
driver and passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern border at
a land port of entry.
Sec. 554. (a) Deposits of Payments Pending Amendment of
Regulation.--Notwithstanding the provisions of the Continued Dumping
and Subsidy Offset Act, 19 U.S.C. 1675c (2000), repealed by section
7601(a) of subtitle F of title VII of Public Law 109-171, 120 Stat. 4,
154 (Feb. 8, 2006) as amended by section 822(2)(A) of Public Law 111-
291 and section 504 of Public Law 111-312 (Dec 17, 2010) (collectively,
the CDSOA), none of the funds appropriated in this or previous
appropriations Acts or otherwise made available to the Department of
Homeland Security may be used to deposit any payment tendered by a
surety under, or in connection with, a customs bond on an entry for
which the duties and 19 U.S.C. 1677g interest are subject to
distribution under the CDSOA into any account in the Department of the
Treasury other than an unavailable receipt account (020-5688.003)
related to the Continued Dumping and Subsidy Offset account (020 x
5688) until the Commissioner of U.S. Customs and Border Protection
completes the rulemaking process concerning the amendment of section
24.3a(c)(4) of title 19, Code of Federal Regulations: Provided, That
the payment referenced in the previous proviso is limited to a payment
pursuant to a court ordered award or judgment entered as a result of a
lawsuit that was filed by the Government against the surety from whom
payment was obtained if that lawsuit was for the purpose of collecting
duties or interest owed on that particular entry, or a settlement of
any such lawsuit between the Government and the surety that was
executed after the time that the lawsuit was filed by the Government:
Provided further, That once the rulemaking process concerning the
amendment of section 24.3a(c)(4) of title 19, Code of Federal
Regulations, is complete, funds subject to CDSOA distribution shall
then be transferred into the Antidumping and Countervailing Duties,
Continued Dumping and Subsidy Offset receipt account (020 x 5688.001)
for distribution in accordance with the provisions of the CDSOA and
shall be allocated between principal and interest in accordance with
the amended section 24.3a(c)(4) of title 19, Code of Federal
Regulations, and not in accordance with the provision of section
24.3a(c)(4) of title 19, Code of Federal Regulations, that was in
effect at the time that the payment was made to the Government:
Provided further, That the funds that are not subject to CDSOA
distribution shall be transferred into other accounts as otherwise
provided by law: Provided further, That authority to enforce
compliance with this section is vested exclusively in Congress and
nothing in this section is intended to, or does, create a private right
of action against the Government.
(b) Authority to Amend Regulation.--For this fiscal year and
hereafter, notwithstanding 6 U.S.C. 212 and Treasury Department Order
No. 100-16, 1(a)(i), the Commissioner of U.S. Customs and Border
Protection is hereby granted authority to approve amendment of section
24.3a(c)(4) of title 19, Code of Federal Regulations, to amend the
order in which a payment is allocated between principal and interest
for only those payments described in subsection (a): Provided, That
the authority provided to the Commissioner by this section includes the
authority to allocate a payment, as defined above, between the forms of
interest a surety owes, including interest pursuant to 19 U.S.C. 1677g,
sections 580 and 1505 of title 19, Code of Federal Regulations, and
Federal common law or equitable principles.
Sec. 555. Of the unobligated balance available to ``Federal
Emergency Management Agency, Disaster Relief Fund'', $1,025,062,000 are
hereby rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That no amounts may be rescinded from the amounts that were
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 556. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42) fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 557. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on the Department of
Homeland Security that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should occur
in the event the user fees proposals are not enacted prior to the date
of the convening of a committee of conference for the fiscal year 2017
appropriations Act.
Sec. 558. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available, including any funds or
fees collected or otherwise made available for expenditure, by this or
any other Act of this or any other fiscal year may be used to
implement, administer, carry-out, or enforce Executive Order 13690 (80
Fed. Reg. 6425; relating to the Federal Flood Risk Management Standard)
or the amendments made by such Order.
Sec. 559. Notwithstanding the limitations as to threshold, time,
and condition of section 503 of this Act, the Secretary may propose to
reprogram or transfer to the Coast Guard for the Offshore Patrol Cutter
Project: (1) discretionary appropriations made available by this Act,
to remain available until September 30, 2017, and (2) the unobligated
balances of discretionary appropriations made available by prior
Department of Homeland Security Appropriations Acts: Provided, That
any amounts proposed for reprogramming or transfer under this section
shall not be available for obligation until the Committees on
Appropriations of the Senate and the House of Representatives approve
of such reprogramming or transfer: Provided further, That this section
shall not apply to amounts that were (1) classified as being in the
revised security category, as defined under section 250(c)(4)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended
(BBEDCA); (2) designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or BBEDCA; or (3)
designated as being for disaster relief pursuant to section
251(b)(2)(D) of BBEDCA.
Sec. 560. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time equivalent
employee positions or costs more than $5,000,000 in a single year
before the end of the 30-day period beginning on the date on which the
Secretary of Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time equivalent employee positions
affected by such change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 561. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the
Committees on Appropriations of the Senate and the House of
Representatives in this Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days except as otherwise
specified in law.
Sec. 562. Of amounts transferred to the Disaster Assistance Direct
Loan Program pursuant to the Community Disaster Loan Act of 2005
(Public Law 109-88), $27,338,101 are hereby rescinded: Provided, That
no amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 563. The Administrator of the Federal Emergency Management
Agency shall transfer $56,872,752 in unobligated balances made
available for the appropriations account for ``Federal Emergency
Management Agency, Disaster Assistance Direct Loan Program Account'' by
section 4502 of Public Law 110-28 to the appropriations account for
``Federal Emergency Management Agency, Disaster Relief Fund'':
Provided, That amounts transferred to such account under this section
shall be available for any authorized purpose of such account:
Provided further, That amounts transferred pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be transferred only if the President
subsequently so designates the entire transfer and transmits such
designation to the Congress.
Sec. 564. None of the funds made available by this Act may be
obligated or expended to sustain domestic prosecutions based on any
charge related to the Arms Trade Treaty, or to implement the Treaty,
until the Senate approves a resolution of ratification for the Treaty
and the Senate and the House of Representatives adopt implementing
legislation for the Treaty.
Sec. 565. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $7,324,000 from unobligated prior year balances from
``Analysis and Operations'' from the Office of Intelligence and
Analysis;
(2) $7,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Automation
Modernization'';
(3) $21,856,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Border Security, Fencing,
Infrastructure, and Technology'';
(4) $12,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Air and Marine
Operations'';
(5) $4,500,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Construction and
Facilities Management''; and
(6) $13,758,918 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund'' account 70 x 0716;
(7) $5,800,000 from Public Law 112-74 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(8) $16,445,000 from Public Law 113-76 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(9) $28,000,000 from Public Law 114-4 under the heading
``Transportation Security Administration, Aviation Security'';
(10) $5,000,000 from unobligated prior year balances from
``Transportation Security Administration, Surface
Transportation'';
(11) $393,000 from Public Law 113-6 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations'';
(12) $8,500,000 from Public Law 113-76 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations''; and
(13) $1,107,000 from Public Law 114-4 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations''.
Sec. 566. From the unobligated balances made available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code, (added by section 638 of Public Law
102-393), $175,000,000 shall be rescinded.
visa waiver program country designation for poland
Sec. 567. Notwithstanding any provision of section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), the Secretary of
Homeland Security may designate Poland as a program country under the
visa waiver program established by that section.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2016''.
Calendar No. 122
114th CONGRESS
1st Session
S. 1619
[Report No. 114-68]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2016, and for other purposes.
_______________________________________________________________________
June 18, 2015
Read twice and placed on the calendar