[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6776 Reported in House (RH)]
<DOC>
Union Calendar No. 739
115th CONGRESS
2d Session
H. R. 6776
[Report No. 115-948]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2019, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 12, 2018
Mr. Yoder from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2019, 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, 2019, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $128,110,000:
Provided, That not to exceed $45,000 shall be for official reception
and representation expenses.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $842,712,000: Provided, That not to exceed $2,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $74,920,000, to remain
available until September 30, 2021.
research and development
For necessary expenses of the Management Directorate for research
and development, $2,545,000, to remain available until September 30,
2020.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$259,253,000, of which $77,915,000 shall remain available until
September 30, 2020: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $168,001,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2019, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2018 and 2019.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2020.
Sec. 102. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 103. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code (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 are
notified of the proposed transfers.
Sec. 104. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 105. Section 107 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
visa overstay data, shall apply in fiscal year 2019, except that the
reference to ``this Act'' shall be treated as referring to this Act,
and the reference to ``2017'' shall be treated as referring to
``2018''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; at the discretion of
the Secretary of Homeland Security, the provision of such support to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; the purchase and lease of up to 7,500
(6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $12,002,072,000; 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 $681,441,500 shall be available
until September 30, 2020; and of which such sums as become available in
the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$1,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurements to
buy marine vessels, aircraft, and unmanned aerial systems,
$5,510,244,000, of which $462,022,000 shall remain available until
September 30, 2021, and of which $5,048,222,000 shall remain available
until September 30, 2023.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $7,333,079,000; of which
$6,000,000 shall remain available until expended for efforts to enforce
laws against forced child labor; of which $33,700,000 shall remain
available until September 30, 2020; and of which $1,500,000 is for paid
apprenticeships for participants in the Human Exploitation Rescue
Operative Corps: Provided, That not to exceed $11,475 shall be for
official reception and representation expenses: Provided further, That
not to exceed $10,000,000 shall be available until expended for
conducting special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081): Provided further, That 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: Provided further, That 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.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $70,431,000, to remain
available until September 30, 2021.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,167,778,000, to remain
available until September 30, 2020: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
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 2019 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,497,778,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$129,789,000, to remain available until September 30, 2021.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $20,594,000, to remain
available until September 30, 2020.
Coast Guard
operations and support
For necessary expenses of the Coast Guard, for operations and
support, including 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 not more than $700,000) and repairs and service-life replacements,
not to exceed a total of $31,000,000; purchase, lease, or improvements
of boats necessary for overseas deployments and activities; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $7,620,209,000, of which
$340,000,000 shall be for defense-related activities; and 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)): Provided, That not to exceed $23,000
shall be for official reception and representation expenses.
procurement, construction, and improvements
(including transfer of funds)
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), procurements to buy vessels and aircraft,
including equipment related thereto, $1,429,750,000, to remain
available until September 30, 2023, 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 in addition $95,000,000 for the procurement of
Long Lead Time Materials for a twelfth National Security Cutter, which
shall be derived by transfer from unobligated balances from prior-year
appropriations available under the heading ``Science and Technology
Directorate--research and development''.
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $19,109,000, to remain available until
September 30, 2021, 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.
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, $13,429,000, to remain available until
September 30, 2023.
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, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,739,844,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, 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; rental of buildings in the District of Columbia; 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; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,099,870,000; of which $41,536,000 shall remain available until
September 30, 2020, of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $64,816,000, to remain
available until September 30, 2021.
research and development
For necessary expenses of the United States Secret Service for
research and development, $2,500,000, to remain available until
September 30, 2020.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2019''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the heading ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico in addition to
funding provided by 48 U.S.C. 740.
Sec. 203. 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. 204. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $39,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2019 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or
other such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $39,000,000, those
amounts in excess of $39,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 205. 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. 206. 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 section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to 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 section 501(b) of title 46, United States Code, with
respect to such transportation, and the disposition of such requests.
Sec. 207. (a) None of the funds made available by this Act may be
used to approve, license, facilitate, authorize, or otherwise allow the
trafficking or import of property confiscated by the Cuban Government.
(b) In this section, the terms ``confiscated'', ``Cuban
Government'', ``property'', and ``traffic'' have the meanings given
such terms in paragraphs (4), (5), (12)(A), and (13), respectively, of
section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 (2216 U.S.C. 6023).
Sec. 208. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 209. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' 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.
Sec. 210. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' 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.
Sec. 211. Members of the United States House of Representatives
and the 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.
Sec. 212. Any award by the Transportation Security Administration
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.
Sec. 213. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2019, 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.
Sec. 214. None of the funds made available by this Act under the
heading ``Coast Guard--Operations and Support'' 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 the appropriation made available by this Act
under the heading ``Coast Guard--Operations and Support'': Provided,
That to the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, 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.
Sec. 215. 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 the Military Pay and
Allowances funding category within ``Coast Guard--Operations and
Support'' in accordance with subsection (a) of section 503 of this Act.
Sec. 216. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 217. 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 the
heading ``United States Secret Service--Operations and Support'' at the
end of the fiscal year.
Sec. 218. 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, That the Director
of the United States Secret Service may enter into agreements to
provide such protection on a fully reimbursable basis.
Sec. 219. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 220. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for 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 the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 221. Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit an
expenditure plan for the amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That no such amounts may be obligated without prior
approval of the plan by such Committees.
Sec. 222. For an additional amount for ``Coast Guard--Operations
and Support'', $1,000,000 for Coast Guard operating funds and unit
level maintenance for deferred maintenance.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
operations and support
For necessary expenses of the National Protection and Programs
Directorate for operations and support, $1,550,112,000, of which
$18,650,000 shall remain available until September 30, 2020: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
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.
procurement, construction, and improvements
For necessary expenses of the National Protection and Programs
Directorate for procurement, construction, and improvements,
$367,964,000, to remain available until September 30, 2021.
research and development
For necessary expenses of the National Protection and Programs
Directorate for research and development, $16,486,000, to remain
available until September 30, 2020.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,057,599,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $103,349,000, to
remain available until September 30, 2021.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,359,525,000, which shall be allocated as
follows:
(1) $538,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $85,000,000 shall be for Operation
Stonegarden, and $10,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under such 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2019,
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) $661,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 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) $103,000,000 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
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $7,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $700,000,000, to remain available until September 30,
2020, of which $350,000,000 shall be for Assistance to
Firefighter Grants and $350,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(7) $249,200,000 for the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), to remain
available until expended.
(8) $262,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(9) $120,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(10) $275,794,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
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.),
$7,210,000,000, to remain available until expended, of which
$6,652,000,000 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.) and 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, of which up to $3,000,000
may be transferred to the Disaster Assistance Direct Loan Program for
administrative expenses to carry out the program as authorized by
section 417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184).
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), $201,691,000, to remain available until September 30, 2020,
which 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 $13,784,000 shall be available for mission support
associated with flood management; and of which $187,907,000 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 offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2019, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $176,304,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(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 sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 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 $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the grantee for expenses
directly related to administration of the grant.
Sec. 302. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, 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.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), 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.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 305. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2019 with
respect to budget year 2020 and current fiscal year 2019,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2020''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 306. 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. 307. The aggregate charges assessed during fiscal year 2019,
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 to be
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 such fees shall be
deposited in a Radiological Emergency Preparedness Program account as
offsetting collections and will become available for authorized
purposes on October 1, 2019, and remain available until expended.
Sec. 308. None of the funds in this or any other Act may be used
to deny continued rental assistance under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174)
to an individual or household on the basis of income.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $109,081,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration Services
for procurement, construction, and improvements of the E-Verify
Program, $22,838,000, to remain available until September 30, 2021.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $254,774,000, of which $58,191,000 shall remain available
until September 30, 2020: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $304,408,000, of which $166,350,000 shall remain
available until September 30, 2020: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $497,751,000, to remain available until
September 30, 2020.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $214,264,0000:
Provided, That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$74,896,000, to remain available until September 30, 2021.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $80,443,000, to remain
available until September 30, 2021.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $64,663,000, to remain
available until September 30, 2021.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. 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, That
the Director of U.S. 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.
Sec. 402. None of the funds made available in this Act may be used
by U.S. 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
U.S. Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 403. 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 U.S. 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. 404. (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 U.S. Citizenship and
Immigration Services in fiscal year 2019 for the purpose of providing
an Immigrant Integration grants program.
(b) None of the funds made available to U.S. Citizenship and
Immigration Services for grants for immigrant integration under
subsection (a) may be used to provide services to aliens who have not
been lawfully admitted for permanent residence.
Sec. 405. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 406. 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.
Sec. 407. (a) There is to be established a ``Federal Law
Enforcement Training Centers--Procurement, Construction, and
Improvements'' appropriations account for planning, operational
development, engineering, and purchases prior to sustainment and for
information technology-related procurement, construction, and
improvements, including non-tangible assets of the Federal Law
Enforcement Training Centers.
(b) The Director of the Federal Law Enforcement Training Centers
may accept transfers to the account ``Federal Law Enforcement Training
Centers--Procurement, Construction, and Improvements'' from Government
agencies requesting the construction of special use facilities, as
authorized by the Economy Act (31 U.S.C. 1535(b)): Provided, That the
Federal Law Enforcement Training Centers maintain administrative
control and ownership upon completion of such facilities.
Sec. 408. The functions of the Federal Law Enforcement Training
Centers 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. 409. Section 538(a) of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74) is amended --
(1) By striking ``through public sale''; and
(2) By striking ``requirements.''and by inserting
``requirements: Provided, That the sale of Plum Island
property and assets complies with the requirements for asset
disposition described in chapter 5 of subtitle I of title 40,
United States Code.''
TITLE V
GENERAL PROVISIONS
(including transfers 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 components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2019, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2019 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 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 if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), 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
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts.
(f) Notwithstanding subsection (c), 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 at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
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 2019, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2020,
from appropriations for ``Operations and Support'' for fiscal year 2019
in this Act shall remain available through September 30, 2020, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds, a
notification shall be submitted to the Committees on Appropriations of
the Senate and the House of Representatives 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 2019 until the enactment of an Act authorizing
intelligence activities for fiscal year 2019.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding 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) awarding 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;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) 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.
(c) 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.
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 Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers 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. 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.
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:
Provided, That 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. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. 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. 516. 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. 517. 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. 518. 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. 519. 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. 520. 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. 521. (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. 522. 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. 523. 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. 524. 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. 525. 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 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 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. 526. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
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 Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 528. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 529. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2019.
Sec. 530. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2020, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs for
protection activities directly and demonstrably associated with any
residence of the President that is designated or identified to be
secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2019'' for ``October 1,
2018'' and ``October 1, 2018'' for ``October 1, 2017''.
Sec. 531. None of the funds made available by this Act may be used
to prevent a Member of the United States Congress from entering, for
the purpose of conducting oversight, any facility in the United States
used for purposes of detaining or otherwise housing foreign national
minors, or to require Members of the United States Congress to
coordinate through a Congressional entity for their entry into, for the
purpose of conducting oversight, any facility in the United States used
for purposes of detaining or otherwise housing foreign national minors,
or to make any temporary modification at any such facility that in any
way alters what is observed by a visiting Member of the United States
Congress, compared to what would be observed in the absence of such
modification.
Sec. 532. None of the funds made available by this Act may be used
to place in detention, remove, refer for removal, or initiate removal
proceedings against, noncitizen veterans or active duty service members
who were approved by the Secretary of Homeland Security to participate
in the Deferred Action for Childhood Arrivals initiative described in
the June 15, 2012, memorandum entitled ``Exercising Prosecutorial
Discretion with Respect to Individuals Who Came to the United States as
Children'', except that this section shall not apply with respect to an
individual who no longer qualifies for deferred action under the
conditions on the grant of deferred action established under such
initiative.
Sec. 533. (a) None of the funds made available by this Act for
``U.S. Immigration and Customs Enforcement'' may be used to pay for an
abortion, except where the life of the mother would be endangered if
the fetus were carried to term, or in the case of rape or incest,
except that, if this limitation is held to be unconstitutional by a
court of competent jurisdiction, this subsection shall be null and void
and the remainder of this Act shall not be affected.
(b) None of the funds made available by this Act for ``U.S.
Immigration and Customs Enforcement'' may be used to require any person
to perform, or facilitate in any way the performance of, any abortion.
Sec. 534. Section 408 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174) is amended by adding at
the end the following:
``(k) Prohibition.--
``(1) In general.--Notwithstanding any other provision of
this section, the President shall not consider the income of an
individual or household in determining whether to provide, or
continue to provide, to that individual or household rental
assistance under this section.
``(2) Applicability.--Paragraph (1) shall apply with
respect to major disasters declared on or after January 1,
2017.''.
Sec. 535. (a) Notwithstanding any other provision of law, in the
case of an individual eligible to receive unemployment assistance under
section 410(a) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5177(a)) as a result of a disaster
declaration made for Hurricane Irma and Hurricane Maria in the
Commonwealth of Puerto Rico and the United States Virgin Islands, the
President shall make such assistance available for the one-year period
beginning on the date of the applicable disaster declaration. (b)
Subsection (a) shall be effective as if enacted on the date of the
disaster declaration under such Act for Hurricane Irma and Hurricane
Maria. (c) No additional funds are authorized to carry out the
requirements of this section.
Sec. 536. In fiscal year 2019, nonimmigrants shall be admitted to
the United States under section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform
agricultural labor or services, without regard to whether such labor
is, or services are, of a temporary or seasonal nature.
Sec. 537. (a) Section 214(g)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended by striking ``who
has already been counted toward the numerical limitation of paragraph
(1)(B) during fiscal year 2013, 2014, or 2015 shall not again be
counted toward such limitation during fiscal year 2016.'' and inserting
``shall not be counted toward the numerical limitation of paragraph
(1)(B) for a fiscal year if that alien already has been counted toward
such limitation during one or both of the 2 fiscal years immediately
preceding that fiscal year.''.
(b) Section 214(g)(10) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(10)) is amended to read as follows:
``(10)(A) Subject to subparagraphs (B) through (D), the numerical
limitation of paragraph (1)(B) shall be allocated for a fiscal year so
that the total number of aliens subject to such numerical limitation
who enter the United States pursuant to a visa, or otherwise are
accorded nonimmigrant status, under section 101(a)(15)(H)(ii)(b)
during--
``(i) the first quarter of such fiscal year is not more
than 9,900;
``(ii) the second quarter of such fiscal year is not more
than 26,400, plus any number not used under clause (i);
``(iii) the third quarter of such fiscal year is not more
than 26,400, plus any number not used under clauses (i) and
(ii); and
``(iv) the fourth quarter of such fiscal year is not more
than 3,300, plus any number not used under clauses (i) through
(iii).
``(B) Notwithstanding subparagraph (A), the Secretary of Homeland
Security, after making a determination based on demand from previous
fiscal years that a change in the allocations under such subparagraph
is necessary and appropriate, may modify such allocations.
``(C) With respect to each quarter of a fiscal year, the Secretary
of Labor shall accept applications for temporary labor certification in
support of petitions for nonimmigrants described in section
101(a)(15)(H)(ii)(b) only during a one-week period to be selected by
such Secretary, and shall not finally approve any of such applications
during any such week.
``(D) With respect to each quarter of a fiscal year, the Secretary
of Labor shall approve temporary labor certifications in support of
petitions for nonimmigrants described in section 101(a)(15)(H)(ii)(b)
in a manner that will result in all employers that have timely
submitted an approvable application being able to fill an equal (or
approximately equal) percentage of the number of requested
positions.''.
(c) Section 214(c)(14)(C) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(14)(C)) is amended to read as follows:
``(C) In determining the level of penalties to be assessed under
subparagraph (A), the highest penalties shall be reserved for--
``(i) willful failures to meet any of the conditions of the
petition that involve harm to United States workers; and
``(ii) willful misrepresentations of the number of
necessary nonimmigrants in an application for temporary labor
certification in support of a petition for nonimmigrants
described in section 101(a)(15)(H)(ii)(b).''.
Sec. 538. None of the funds made available to the Department of
Homeland Security by this or any other Act may be used to deny, or
otherwise affect, the right of American Indians born in Canada or the
United States to pass the borders of the United States in accordance
with 8 U.S.C. Sec. 1359, with such right extending to persons who
possess at least 50 per centum of blood of the American Indian race or
who are members, or eligible to be members, of a Federally recognized
Indian tribe in the United States or Canada.
statute of limitations
Sec. 539.
(a) In General.--Section 705 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Except'' and inserting
``Notwithstanding section 3716(e) of title 31, United
States Code, and except''; and
(B) by striking ``report for the disaster or
emergency'' and inserting ``report for project
completion as certified by the grantee''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``report for the
disaster or emergency'' and inserting ``report for
project completion as certified by the grantee''; and
(B) in paragraph (3) by inserting ``for project
completion as certified by the grantee'' after ``final
expenditure report''.
(b) Applicability.--
(1) In general.--With respect to disaster or emergency
assistance provided to a State or local government on or after
January 1, 2004--
(A) no administrative action may be taken to
recover a payment of such assistance after the date of
enactment of this Act if the action is prohibited under
section 705(a)(1) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5205(a)(1)); and
(B) any administrative action to recover a payment
of such assistance that is pending on such date of
enactment shall be terminated if the action is
prohibited under section 705(a)(1) of such Act.
(2) Limitation.--This section and the amendments made by
this section, may not be construed to invalidate or otherwise
affect any administration action completed before the date of
enactment of this Act.
Sec. 540. (a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section 203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that the total number of immigrant visas made available under section
203(a) to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) in any
fiscal year, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a manner so
that, except as provided in subsection (a)(4), the proportion of the
visa numbers made available under each of paragraphs (1) through (4) of
section 203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of visas
made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect as if enacted on September 30, 2018, and shall apply to fiscal
years beginning with fiscal year 2019.
(e) Transition Rules for Employment-Based Immigrants.--
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.), the following
rules shall apply:
(A) For fiscal year 2019, 15 percent of the
immigrant visas made available under each of paragraphs
(2) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2011 under such paragraphs.
(B) For fiscal year 2020, 10 percent of the
immigrant visas made available under each of such
paragraphs shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2012 under such paragraphs.
(C) For fiscal year 2021, 10 percent of the
immigrant visas made available under each of such
paragraphs shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2015 under such paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas
reserved under each of subparagraphs (A) through (C) of
paragraph (1), the number of such visas made available
to natives of any single foreign state or dependent
area in the appropriate fiscal year may not exceed 25
percent (in the case of a single foreign state) or 2
percent (in the case of a dependent area) of the total
number of such visas.
(B) Unreserved visas.--With respect to the
immigrant visas made available under each of paragraphs
(2) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) and not reserved under paragraph (1), for each
of fiscal years 2019, 2020, and 2021, not more than 85
percent shall be allotted to immigrants who are natives
of any single foreign state.
(3) Special rule to prevent unused visas.--If, with respect
to fiscal year 2019, 2020, or 2021, the operation of paragraphs
(1) and (2) of this subsection would prevent the total number
of immigrant visas made available under paragraph (2) or (3) of
section 203(b) of such Act (8 U.S.C. 1153(b)) from being
issued, such visas may be issued during the remainder of such
fiscal year without regard to paragraphs (1) and (2) of this
subsection.
(4) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state to
which an alien is chargeable for purposes of this subsection.
Sec. 541. No funds or fees made available to the Secretary of
Homeland Security, or to the head of any other Federal agency, by this
Act or any other Act may be used to release from Federal custody, other
than for removal from the United States, any lawfully detained alien--
(1) who has engaged in or suspected of terrorism or
espionage, or who otherwise poses a danger to national
security;
(2) who has been convicted of an offense for which an
element was active participation in a criminal street gang, as
defined in section 521(a) of title 18, United States Code, or
aliens not younger than 16 years of age who intentionally
participated in an organized criminal gang to further the
illegal activity of that gang;
(3) who has been convicted of an aggravated felony, as
defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)) at the time of
conviction;
(4) who has been convicted of three or more misdemeanor
offenses arising out of not less than 3 separate incidents,
other than minor traffic offenses or State or local offenses
for which an essential element was the alien's immigration
status; or
(5) who has been convicted of a misdemeanor which is an
offense of domestic violence, sexual abuse or exploitation,
burglary, unlawful possession or use of a firearm, drug
distribution or trafficking, driving under the influence, or
any other misdemeanor offense for which the individual was
sentenced to a term of imprisonment of 90 days or more (not
including a suspended sentence).
Sec. 542. None of the funds, resources, or fees made available to
the Secretary of Homeland Security, or to any other official of a
Federal agency, by this Act or any other Act for any fiscal year,
including any deposits into the ``Immigration Examinations Fee
Account'' established under section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)), may be used to implement,
administer, enforce, or carry out (including through the issuance of
any regulations) any of the policy changes set forth in U.S.
Citizenship and Immigration Services Policy Memo 602-0162, dated July
11, 2018, or the memorandum from the Principal Legal Advisor on
Litigating Domestic Violence-Based Persecution Claims Following Matter
of A-B-, dated July 11, 2018.
Sec. 543. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) Should a pregnant woman be restrained pursuant to subsection
(b), only the safest and least restrictive restraints, as determined by
the appropriate medical professional treating the woman, may be used.
In no case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 544. None of the funds made available by this Act may be used
to destroy any document, recording, or any other record pertaining to
any potential sexual assault or abuse perpetrated against any
individual held in the custody of the Department of Homeland Security.
Sec. 545. None of the funds made available by this Act may be used
to place in detention, remove, refer for removal, or initiate removal
proceedings against, individuals who were approved by the Secretary of
Homeland Security to participate in the Deferred Action for Childhood
Arrivals initiative, as delineated in the June 15, 2012, memorandum
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children'', or individuals
granted temporary protected status under section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a), except that this section shall
not apply with respect to an individual who no longer qualifies either
for deferred action under the Deferred Action for Childhood Arrivals
initiative or temporary protected status under section 244 of the
Immigration and Nationality Act.
spending reduction account
Sec. 546. The amount by which the applicable allocation of new
budget authority made by the Committee on Appropriations of the House
of Representatives under section 302(b) of the Congressional Budget Act
of 1974 exceeds the amount of proposed new budget authority is $0.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2019''.
Union Calendar No. 739
115th CONGRESS
2d Session
H. R. 6776
[Report No. 115-948]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2019, and for other purposes.
_______________________________________________________________________
September 12, 2018
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed