IB Union Calendar No. 162 114TH CONGRESS 1ST SESSION H. R. 3128 [Report No. 114–215] Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2016, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 21, 2015 Mr. CARTER, 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 asabaliauskas on DSK5VPTVN1PROD with BILLS Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2016, and for other purposes. VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3128.RH H3128 2 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the following sums are appropriated, out of any 4 money in the Treasury not otherwise appropriated, for the 5 Department of Homeland Security for the fiscal year end6 ing September 30, 2016, and for other purposes, namely: 7 TITLE I 8 DEPARTMENTAL MANAGEMENT AND 9 OPERATIONS 10 OFFICE OF THE 11 12 SECRETARY AND EXECUTIVE MANAGEMENT For necessary expenses of the Office of the Secretary 13 of Homeland Security, as authorized by section 102 of the 14 Homeland Security Act of 2002 (6 U.S.C. 112), and exec15 utive management of the Department of Homeland Secu16 rity, as authorized by law, $131,859,000: Provided, That 17 not to exceed $40,000 shall be for official reception and 18 representation expenses: Provided further, That all official 19 costs associated with the use of government aircraft by 20 Department of Homeland Security personnel to support 21 official travel of the Secretary and the Deputy Secretary 22 shall be paid from amounts made available for the Immeasabaliauskas on DSK5VPTVN1PROD with BILLS 23 diate Office of the Secretary and the Immediate Office of 24 the Deputy Secretary. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 3 1 OFFICE 2 OF THE UNDER SECRETARY FOR MANAGEMENT For necessary expenses of the Office of the Under 3 Secretary for Management, as authorized by sections 701 4 through 705 of the Homeland Security Act of 2002 (6 5 U.S.C. 341 through 345), $193,646,000, of which not to 6 exceed $2,000 shall be for official reception and represen7 tation expenses: Provided, That of the total amount made 8 available under this heading, $2,931,000 shall remain 9 available until September 30, 2017, solely for the alter10 ation and improvement of facilities, tenant improvements, 11 and relocation costs to consolidate Department head12 quarters operations at the Nebraska Avenue Complex; and 13 $9,559,000 shall remain available until September 30, 14 2017, for the Human Resources Information Technology 15 program: Provided further, That the Under Secretary for 16 Management shall include in the President’s budget pro17 posal for fiscal year 2017, submitted pursuant to section 18 1105(a) of title 31, United States Code, a Comprehensive 19 Acquisition Status Report, which shall include the infor20 mation required under the heading ‘‘Office of the Under 21 Secretary for Management’’ under title I of division D of 22 the Consolidated Appropriations Act, 2012 (Public Law asabaliauskas on DSK5VPTVN1PROD with BILLS 23 112–74), and shall submit quarterly updates to such re24 port not later than 45 days after the completion of each 25 quarter. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 4 1 2 OFFICE OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the Office of the Chief Fi- 3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $56,420,000: 5 Provided, That the Secretary of Homeland Security shall 6 submit to the Committees on Appropriations of the Senate 7 and the House of Representatives, at the time the Presi8 dent’s budget proposal for fiscal year 2017 is submitted 9 pursuant to section 1105(a) of title 31, United States 10 Code, the Future Years Homeland Security Program, as 11 authorized by section 874 of Public Law 107–296 (6 12 U.S.C. 454). 13 OFFICE 14 For necessary expenses of the Office of the Chief In- OF THE CHIEF INFORMATION OFFICER 15 formation Officer, as authorized by section 103 of the 16 Homeland Security Act of 2002 (6 U.S.C. 113), and De17 partment-wide technology investments, $308,488,000; of 18 which $104,957,000 shall be available for salaries and ex19 penses; and of which $203,531,000, to remain available 20 until September 30, 2017, shall be available for develop21 ment and acquisition of information technology equip22 ment, software, services, and related activities for the Deasabaliauskas on DSK5VPTVN1PROD with BILLS 23 partment of Homeland Security. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 5 1 2 ANALYSIS AND OPERATIONS For necessary expenses for intelligence analysis and 3 operations coordination activities, as authorized by title II 4 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 5 seq.), $264,898,000; of which not to exceed $3,825 shall 6 be for official reception and representation expenses; of 7 which not to exceed $2,000,000 is available for facility 8 needs associated with secure space at fusion centers, in9 cluding improvements to buildings; and of which 10 $111,110,000 shall remain available until September 30, 11 2017. 12 13 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 14 General in carrying out the provisions of the Inspector 15 General Act of 1978 (5 U.S.C. App.), $141,188,000; of 16 which not to exceed $300,000 may be used for certain con17 fidential operational expenses, including the payment of 18 informants, to be expended at the direction of the Inspec- asabaliauskas on DSK5VPTVN1PROD with BILLS 19 tor General. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 6 1 TITLE II 2 SECURITY, ENFORCEMENT, AND 3 INVESTIGATIONS 4 UNITED STATES CUSTOMS 5 AND BORDER PROTECTION SALARIES AND EXPENSES 6 For necessary expenses for enforcement of laws relat- 7 ing to border security, immigration, customs, agricultural 8 inspections and regulatory activities related to plant and 9 animal imports, and transportation of unaccompanied 10 minor aliens; purchase and lease of up to 7,500 (6,500 11 for replacement only) police-type vehicles; and contracting 12 with individuals for personal services abroad; 13 $8,695,238,000; of which $3,274,000 shall be derived 14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to section 9505(c)(3) of the Internal 17 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not18 withstanding section 1511(e)(1) of the Homeland Security 19 Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 20 $34,425 shall be for official reception and representation 21 expenses; of which such sums as become available in the 22 Customs User Fee Account, except sums subject to section asabaliauskas on DSK5VPTVN1PROD with BILLS 23 13031(f)(3) of the Consolidated Omnibus Budget Rec24 onciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be de25 rived from that account; of which not to exceed $150,000 •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 7 1 shall be available for payment for rental space in connec2 tion with preclearance operations; and of which not to ex3 ceed $1,000,000 shall be for awards of compensation to 4 informants, to be accounted for solely under the certificate 5 of the Secretary of Homeland Security: Provided, That for 6 fiscal year 2016, the overtime limitation prescribed in sec7 tion 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 8 267(c)(1)) shall be $35,000; and notwithstanding any 9 other provision of law, none of the funds appropriated by 10 this Act shall be available to compensate any employee of 11 United States Customs and Border Protection for over12 time, from whatever source, in an amount that exceeds 13 such limitation, except in individual cases determined by 14 the Secretary of Homeland Security, or the designee of 15 the Secretary, to be necessary for national security pur16 poses, to prevent excessive costs, or in cases of immigra17 tion emergencies: Provided further, That the Border Pa18 trol shall maintain an active duty presence of not less than 19 21,370 full-time equivalent agents protecting the borders 20 of the United States in the fiscal year. 21 22 AUTOMATION MODERNIZATION For necessary expenses for United States Customs asabaliauskas on DSK5VPTVN1PROD with BILLS 23 and Border Protection for operation and improvement of 24 automated systems, including salaries and expenses, 25 $846,245,000; of which $468,111,000 shall remain avail•HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 8 1 able until September 30, 2018; and of which not less than 2 $153,614,000 shall be for the development of the Auto3 mated Commercial Environment. 4 BORDER SECURITY FENCING, INFRASTRUCTURE, AND 5 TECHNOLOGY 6 For necessary expenses for border security fencing, 7 infrastructure, and technology, $439,430,000, of which 8 $191,539,000 shall remain available until September 30, 9 2018, for development and deployment. 10 11 AIR AND MARINE OPERATIONS For necessary expenses for the operations, mainte- 12 nance, and procurement of marine vessels, aircraft, un13 manned aircraft systems, the Air and Marine Operations 14 Center, and other related equipment of the air and marine 15 program, including salaries and expenses, operational 16 training, and mission-related travel, the operations of 17 which include the following: the interdiction of narcotics 18 and other goods; the provision of support to Federal, 19 State, and local agencies in the enforcement or adminis20 tration of laws enforced by the Department of Homeland 21 Security; and, at the discretion of the Secretary of Home22 land Security, the provision of assistance to Federal, asabaliauskas on DSK5VPTVN1PROD with BILLS 23 State, and local agencies in other law enforcement and 24 emergency humanitarian efforts; $784,934,000; of which 25 $83,200,000 shall remain available until September 30, •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 9 1 2018 for procurement: Provided, That no aircraft or other 2 related equipment, with the exception of aircraft that are 3 one of a kind and have been identified as excess to United 4 States Customs and Border Protection requirements and 5 aircraft that have been damaged beyond repair, shall be 6 transferred to any other Federal agency, department, or 7 office outside of the Department of Homeland Security 8 during fiscal year 2016 without prior notice to the Com9 mittees on Appropriations of the Senate and the House 10 of Representatives: Provided further, That funding made 11 available under this heading shall be available for customs 12 expenses when necessary to maintain or to temporarily in13 crease operations in Puerto Rico. 14 15 CONSTRUCTION AND FACILITIES MANAGEMENT For necessary expenses to plan, acquire, construct, 16 renovate, equip, furnish, operate, manage, and maintain 17 buildings, facilities, and related infrastructure necessary 18 for the administration and enforcement of the laws relat19 ing to customs, immigration, and border security, 20 $341,356,000, to remain available until September 30, asabaliauskas on DSK5VPTVN1PROD with BILLS 21 2020. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 10 1 UNITED STATES IMMIGRATION 2 ENFORCEMENT 3 SALARIES AND EXPENSES 4 (INCLUDING TRANSFER OF FUNDS) 5 AND CUSTOMS For necessary expenses for enforcement of immigra- 6 tion and customs laws, detention and removals, and inves7 tigations, including intellectual property rights and over8 seas vetted units operations; and purchase and lease of 9 up to 3,790 (2,350 for replacement only) police-type vehi10 cles; $5,736,286,000; of which not to exceed $10,000,000 11 shall be available until expended for conducting special op12 erations under section 3131 of the Customs Enforcement 13 Act of 1986 (19 U.S.C. 2081); of which not to exceed 14 $11,475 shall be for official reception and representation 15 expenses; of which not to exceed $2,000,000 shall be for 16 awards of compensation to informants, to be accounted 17 for solely under the certificate of the Secretary of Home18 land Security; of which not less than $305,000 shall be 19 for promotion of public awareness activities to counter 20 child exploitation; of which not less than $5,400,000 shall 21 be used to facilitate agreements consistent with section 22 287(g) of the Immigration and Nationality Act (8 U.S.C. asabaliauskas on DSK5VPTVN1PROD with BILLS 23 1357(g)); and of which not to exceed $11,216,000 shall 24 be available to fund or reimburse other Federal agencies 25 for the costs associated with the care, maintenance, and •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 11 1 repatriation of smuggled aliens unlawfully present in the 2 United States: Provided, That of the total amount made 3 available under this heading, $100,000,000 shall be with4 held from obligation until the Director of United States 5 Immigration and Customs Enforcement submits to the 6 Committees on Appropriations of the Senate and the 7 House of Representatives a report detailing the number 8 of full-time equivalent employees hired and lost through 9 attrition for the period beginning on October 1, 2015, and 10 ending on June 30, 2016: Provided further, That, of the 11 total amount available under this heading, $5,000,000 12 shall be withheld from obligation until the Director of 13 United States Immigration and Customs Enforcement 14 briefs the Committees on Appropriations of the Senate 15 and the House of Representatives on efforts to increase 16 the number of communities and law enforcement agencies 17 participating in the Priority Enforcement Program includ18 ing details as to the jurisdiction and law enforcement 19 agency approached and the level of participation on a by20 community basis: Provided further, That none of the funds 21 made available under this heading shall be available to 22 compensate any employee for overtime in an annual asabaliauskas on DSK5VPTVN1PROD with BILLS 23 amount in excess of $35,000, except that the Secretary 24 of Homeland Security, or the designee of the Secretary, 25 may waive that amount as necessary for national security •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 12 1 purposes and in cases of immigration emergencies: Pro2 vided further, That of the total amount provided, 3 $15,770,000 shall be for activities to enforce laws against 4 forced child labor, of which not to exceed $6,000,000 shall 5 remain available until expended: Provided further, That of 6 the total amount available, not less than $1,600,000,000 7 shall be available to identify aliens convicted of a crime 8 who may be deportable, and to remove them from the 9 United States once they are judged deportable: Provided 10 further, That the Secretary of Homeland Security shall 11 prioritize the identification and removal of aliens convicted 12 of a crime by the severity of that crime: Provided further, 13 That funding made available under this heading shall 14 maintain a level of not less than 34,000 detention beds 15 through September 30, 2016: Provided further, That of 16 the total amount provided, not less than $3,266,766,000 17 is for detention, enforcement, and removal operations, in18 cluding transportation of unaccompanied minor aliens: 19 Provided further, That of the total amount provided for 20 the Visa Security Program and international investiga21 tions, $13,300,000 shall remain available until September 22 30, 2017: Provided further, That not less than asabaliauskas on DSK5VPTVN1PROD with BILLS 23 $15,000,000 shall be available for investigation of intellec24 tual property rights violations, including operation of the 25 National Intellectual Property Rights Coordination Cen•HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 13 1 ter: Provided further, That none of the funds provided 2 under this heading may be used to continue a delegation 3 of law enforcement authority authorized under section 4 287(g) of the Immigration and Nationality Act (8 U.S.C. 5 1357(g)) if the Department of Homeland Security Inspec6 tor General determines that the terms of the agreement 7 governing the delegation of authority have been materially 8 violated: Provided further, That none of the funds provided 9 under this heading may be used to continue any contract 10 for the provision of detention services if the two most re11 cent overall performance evaluations received by the con12 tracted facility are less than ‘‘adequate’’ or the equivalent 13 median score in any subsequent performance evaluation 14 system: Provided further, That nothing under this heading 15 shall prevent United States Immigration and Customs En16 forcement from exercising those authorities provided 17 under immigration laws (as defined in section 101(a)(17) 18 of the Immigration and Nationality Act (8 U.S.C. 19 1101(a)(17))) during priority operations pertaining to 20 aliens convicted of a crime: Provided further, That without 21 regard to the limitation as to time and condition of section 22 503(d) of this Act, the Secretary may propose to reproasabaliauskas on DSK5VPTVN1PROD with BILLS 23 gram into and transfer funds within this appropriation 24 necessary to ensure the detention of aliens prioritized for 25 removal. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 14 1 2 AUTOMATION MODERNIZATION For necessary expenses of immigration and customs 3 enforcement automated systems, $73,500,000, to remain 4 available until September 30, 2018. 5 6 CONSTRUCTION For necessary expenses to plan, construct, renovate, 7 equip, and maintain buildings and facilities necessary for 8 the administration and enforcement of the laws relating 9 to customs and immigration, $5,000,000, to remain avail10 able until September 30, 2019. 11 TRANSPORTATION SECURITY ADMINISTRATION 12 AVIATION SECURITY 13 For necessary expenses of the Transportation Secu- 14 rity Administration related to providing civil aviation secu15 rity services pursuant to the Aviation and Transportation 16 Security Act (Public Law 107–71; 115 Stat. 597; 49 17 U.S.C. 40101 note), $5,558,923,000, to remain available 18 until September 30, 2017; of which not to exceed $7,650 19 shall be for official reception and representation expenses: 20 Provided, That any award to deploy explosives detection 21 systems shall be based on risk, the airport’s current reli22 ance on other screening solutions, lobby congestion resultasabaliauskas on DSK5VPTVN1PROD with BILLS 23 ing in increased security concerns, high injury rates, air24 port readiness, and increased cost effectiveness: Provided 25 further, That security service fees authorized under section •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 15 1 44940 of title 49, United States Code, shall be credited 2 to this appropriation as offsetting collections and shall be 3 available only for aviation security: Provided further, That 4 the sum appropriated under this heading from the general 5 fund shall be reduced on a dollar-for-dollar basis as such 6 offsetting collections are received during fiscal year 2016 7 so as to result in a final fiscal year appropriation from 8 the general fund estimated at not more than 9 $3,428,923,000: Provided further, That the funds depos10 ited pursuant to section 44945 of title 49, United States 11 Code, that are currently unavailable for obligation are 12 hereby permanently cancelled: Provided further, That not13 withstanding section 44923 of title 49, United States 14 Code, for fiscal year 2016, any funds in the Aviation Secu15 rity Capital Fund established by section 44923(h) of title 16 49, United States Code, may be used for the procurement 17 and installation of explosives detection systems or for the 18 issuance of other transaction agreements for the purpose 19 of funding projects described in section 44923(a) of such 20 title: Provided further, That notwithstanding any other 21 provision of law, for the current fiscal year and each fiscal 22 year hereafter, mobile explosives detection systems purasabaliauskas on DSK5VPTVN1PROD with BILLS 23 chased and deployed using funds made available under 24 this heading may be moved and redeployed to meet evolv25 ing passenger and baggage screening security priorities at •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 16 1 airports: Provided further, That none of the funds made 2 available in this Act may be used for any recruiting or 3 hiring of personnel into the Transportation Security Ad4 ministration that would cause the agency to exceed a staff5 ing level of 45,000 full-time equivalent screeners: Provided 6 further, That the preceding proviso shall not apply to per7 sonnel hired as part-time employees: Provided further, 8 That the reporting requirement in the ninth proviso under 9 the heading ‘‘Transportation Security Administration, 10 Aviation Security’’ in the Department of Homeland Secu11 rity Appropriations Act, 2015 (Public Law 114–4), shall 12 apply in fiscal year 2016, except that the reference to 13 ‘‘this Act’’ shall be treated as referring to this Act: Pro14 vided further, That Members of the United States House 15 of Representatives and United States Senate, including 16 the leadership; the heads of Federal agencies and commis17 sions, including the Secretary, Deputy Secretary, Under 18 Secretaries, and Assistant Secretaries of the Department 19 of Homeland Security; the United States Attorney Gen20 eral, Deputy Attorney General, Assistant Attorneys Gen21 eral, and the United States Attorneys; and senior mem22 bers of the Executive Office of the President, including asabaliauskas on DSK5VPTVN1PROD with BILLS 23 the Director of the Office of Management and Budget, 24 shall not be exempt from Federal passenger and baggage 25 screening. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 17 1 2 SURFACE TRANSPORTATION SECURITY For necessary expenses of the Transportation Secu- 3 rity Administration related to surface transportation secu4 rity activities, $106,894,000, to remain available until 5 September 30, 2017. 6 7 INTELLIGENCE AND VETTING For necessary expenses for the development and im- 8 plementation of intelligence and vetting activities, 9 $216,203,000, to remain available until September 30, 10 2017. 11 12 TRANSPORTATION SECURITY SUPPORT For necessary expenses of the Transportation Secu- 13 rity Administration related to transportation security sup14 port pursuant to the Aviation and Transportation Security 15 Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 16 note), $901,442,000, to remain available until September 17 30, 2017. 18 COAST GUARD 19 OPERATING EXPENSES 20 For necessary expenses for the operation and mainte- 21 nance of the Coast Guard, not otherwise provided for; pur22 chase or lease of not to exceed 25 passenger motor vehiasabaliauskas on DSK5VPTVN1PROD with BILLS 23 cles, which shall be for replacement only; purchase or lease 24 of small boats for contingent and emergent requirements 25 (at a unit cost of no more than $700,000) and repairs •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 18 1 and service-life replacements, not to exceed a total of 2 $31,000,000; purchase or lease of boats necessary for 3 overseas deployments and activities; purchase or lease of 4 other equipment (at a unit cost of no more than 5 $250,000); minor shore construction projects not exceed6 ing $1,000,000 in total cost on any location; payments 7 pursuant to section 156 of Public Law 97–377 (42 U.S.C. 8 402 note; 96 Stat. 1920); and recreation and welfare; 9 $6,899,288,000, of which $340,000,000 shall be for de10 fense-related activities; of which $24,500,000 shall be de11 rived from the Oil Spill Liability Trust Fund to carry out 12 the purposes of section 1012(a)(5) of the Oil Pollution Act 13 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex14 ceed $15,300 shall be for official reception and representa15 tion expenses: Provided, That none of the funds made 16 available by this Act shall be for expenses incurred for rec17 reational vessels under section 12114 of title 46, United 18 States Code, except to the extent fees are collected from 19 owners of yachts and credited to this appropriation: Pro20 vided further, That to the extent fees are insufficient to 21 pay expenses of recreational vessel documentation under 22 such section 12114, and there is a backlog of recreational asabaliauskas on DSK5VPTVN1PROD with BILLS 23 vessel applications, then personnel performing non-rec24 reational vessel documentation functions under subchapter 25 II of chapter 121 of title 46, United States Code, may •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 19 1 perform documentation under section 12114: Provided 2 further, That, without regard to the limitation as to time 3 and condition of section 503(d) of this Act, after June 4 30, up to $10,000,000 may be reprogrammed to or from 5 Military Pay and Allowances in accordance with sub6 sections (a), (b), and (c) of section 503. 7 8 ENVIRONMENTAL COMPLIANCE AND RESTORATION For necessary expenses to carry out the environ- 9 mental compliance and restoration functions of the Coast 10 Guard under chapter 19 of title 14, United States Code, 11 $13,269,000, to remain available until September 30, 12 2020. 13 14 RESERVE TRAINING For necessary expenses of the Coast Guard Reserve, 15 as authorized by law; operations and maintenance of the 16 Coast Guard reserve program; personnel and training 17 costs; and equipment and services; $110,614,000. 18 19 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of acquisition, construction, 20 renovation, and improvement of aids to navigation, shore 21 facilities, vessels, and aircraft, including equipment related 22 thereto; and maintenance, rehabilitation, lease, and operasabaliauskas on DSK5VPTVN1PROD with BILLS 23 ation of facilities and equipment; as authorized by law; 24 $1,301,289,000; of which $20,000,000 shall be derived 25 from the Oil Spill Liability Trust Fund to carry out the •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 20 1 purposes of section 1012(a)(5) of the Oil Pollution Act 2 of 1990 (33 U.S.C. 2712(a)(5)); and of which the fol3 lowing amounts shall be available until September 30, 4 2020 (except as subsequently specified): $21,000,000 for 5 military family housing; $616,400,000 to acquire, effect 6 major repairs to, renovate, or improve vessels, small boats, 7 and related equipment; $295,000,000 to acquire, effect 8 major repairs to, renovate, or improve aircraft or increase 9 aviation capability; $67,920,000 for other acquisition pro10 grams; $184,100,000 for shore facilities and aids to navi11 gation, including facilities at Department of Defense in12 stallations used by the Coast Guard; and $116,869,000, 13 to remain available until September 30, 2016, for per14 sonnel compensation and benefits and related costs: Pro15 vided, That the Commandant of the Coast Guard shall 16 submit to the Congress, at the time the President’s budget 17 proposal for fiscal year 2017 is submitted pursuant to sec18 tion 1105(a) of title 31, United States Code, a future19 years capital investment plan as described in the second 20 proviso under the heading ‘‘Coast Guard, Acquisition, 21 Construction, and Improvements’’ in the Department of 22 Homeland Security Appropriations Act, 2015 (Public Law asabaliauskas on DSK5VPTVN1PROD with BILLS 23 114–4), which shall be subject to the requirements in the 24 third and fourth provisos under such heading. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 21 1 2 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION For necessary expenses for applied scientific re- 3 search, development, test, and evaluation; and for mainte4 nance, rehabilitation, lease, and operation of facilities and 5 equipment; as authorized by law; $18,135,000, to remain 6 available until September 30, 2018, of which $500,000 7 shall be derived from the Oil Spill Liability Trust Fund 8 to carry out the purposes of section 1012(a)(5) of the Oil 9 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, 10 That there may be credited to and used for the purposes 11 of this appropriation funds received from State and local 12 governments, other public authorities, private sources, and 13 foreign countries for expenses incurred for research, devel14 opment, testing, and evaluation. 15 16 RETIRED PAY For retired pay, including the payment of obligations 17 otherwise chargeable to lapsed appropriations for this pur18 pose, payments under the Retired Serviceman’s Family 19 Protection and Survivor Benefits Plans, payment for ca20 reer status bonuses, concurrent receipts, and combat-re21 lated special compensation under the National Defense 22 Authorization Act, and payments for medical care of reasabaliauskas on DSK5VPTVN1PROD with BILLS 23 tired personnel and their dependents under chapter 55 of 24 title 10, United States Code, $1,604,000,000, to remain 25 available until expended. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 22 1 UNITED STATES SECRET SERVICE 2 SALARIES AND EXPENSES 3 For necessary expenses of the United States Secret 4 Service, including purchase of not to exceed 652 vehicles 5 for police-type use for replacement only; hire of passenger 6 motor vehicles; purchase of motorcycles made in the 7 United States; hire of aircraft; services of expert witnesses 8 at such rates as may be determined by the Director of 9 the United States Secret Service; rental of buildings in 10 the District of Columbia, and fencing, lighting, guard 11 booths, and other facilities on private or other property 12 not in Government ownership or control, as may be nec13 essary to perform protective functions; payment of per 14 diem or subsistence allowances to employees in cases in 15 which a protective assignment on the actual day or days 16 of the visit of a protectee requires an employee to work 17 16 hours per day or to remain overnight at a post of duty; 18 conduct of and participation in firearms matches; presen19 tation of awards; travel of United States Secret Service 20 employees on protective missions without regard to the 21 limitations on such expenditures in this or any other Act 22 if approval is obtained in advance from the Committees asabaliauskas on DSK5VPTVN1PROD with BILLS 23 on Appropriations of the Senate and the House of Rep24 resentatives; research and development; grants to conduct 25 behavioral research in support of protective research and •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 23 1 operations; and payment in advance for commercial ac2 commodations as may be necessary to perform protective 3 functions; $1,832,813,000; of which not to exceed $19,125 4 shall be for official reception and representation expenses; 5 of which not to exceed $100,000 shall be to provide tech6 nical assistance and equipment to foreign law enforcement 7 organizations in counterfeit investigations; of which 8 $2,366,000 shall be for forensic and related support of 9 investigations of missing and exploited children; of which 10 $6,000,000 shall be for a grant for activities related to 11 investigations of missing and exploited children and shall 12 remain available until September 30, 2017; and of which 13 not less than $12,000,000 shall be for activities related 14 to training in electronic crimes investigations and 15 forensics: Provided, That $18,000,000 for protective travel 16 shall remain available until September 30, 2017: Provided 17 further, That $4,500,000 for National Special Security 18 Events shall remain available until expended: Provided 19 further, That the United States Secret Service is author20 ized to obligate funds in anticipation of reimbursements 21 from Federal agencies and entities, as defined in section 22 105 of title 5, United States Code, for personnel receiving asabaliauskas on DSK5VPTVN1PROD with BILLS 23 training sponsored by the James J. Rowley Training Cen24 ter, except that total obligations at the end of the fiscal 25 year shall not exceed total budgetary resources available •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 24 1 under this heading at the end of the fiscal year: Provided 2 further, That none of the funds made available under this 3 heading shall be available to compensate any employee for 4 overtime in an annual amount in excess of $35,000, except 5 that the Secretary of Homeland Security, or the designee 6 of the Secretary, may waive that amount as necessary for 7 national security purposes: Provided further, That none of 8 the funds made available to the United States Secret Serv9 ice by this Act or by previous appropriations Acts may 10 be made available for the protection of the head of a Fed11 eral agency other than the Secretary of Homeland Secu12 rity: Provided further, That the Director of the United 13 States Secret Service may enter into an agreement to pro14 vide such protection on a fully reimbursable basis: Pro15 vided further, That none of the funds made available to 16 the United States Secret Service by this Act or by previous 17 appropriations Acts may be obligated for the purpose of 18 opening a new permanent domestic or overseas office or 19 location unless the Committees on Appropriations of the 20 Senate and the House of Representatives are notified 15 21 days in advance of such obligation: Provided further, That 22 for purposes of section 503(b) of this Act, $15,000,000 asabaliauskas on DSK5VPTVN1PROD with BILLS 23 or 10 percent, whichever is less, may be transferred be24 tween Protection of Persons and Facilities and Domestic 25 Field Operations. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 25 1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND 2 RELATED EXPENSES 3 For necessary expenses for acquisition, construction, 4 repair, alteration, and improvement of physical and tech5 nological infrastructure, $72,819,000 to remain available 6 until September 30, 2018. 7 TITLE III 8 PROTECTION, PREPAREDNESS, RESPONSE, AND 9 10 RECOVERY NATIONAL PROTECTION 11 12 AND PROGRAMS DIRECTORATE MANAGEMENT AND ADMINISTRATION For necessary expenses for the management and ad- 13 ministration of the Office of the Under Secretary for the 14 National Protection and Programs Directorate, support 15 for operations, and information technology, $56,127,000: 16 Provided, That not to exceed $3,825 shall be for official 17 reception and representation expenses. 18 INFRASTRUCTURE PROTECTION AND INFORMATION 19 SECURITY 20 For necessary expenses for infrastructure protection 21 and information security programs and activities, as au22 thorized by title II of the Homeland Security Act of 2002 asabaliauskas on DSK5VPTVN1PROD with BILLS 23 (6 U.S.C. 121 et seq.), $1,245,000,000, of which 24 $271,000,000 shall remain available until September 30, 25 2017. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 26 1 2 FEDERAL PROTECTIVE SERVICE The revenues and collections of security fees credited 3 to this account shall be available until expended for nec4 essary expenses related to the protection of federally 5 owned and leased buildings and for the operations of the 6 Federal Protective Service. 7 OFFICE OF BIOMETRIC IDENTITY MANAGEMENT 8 For necessary expenses for the Office of Biometric 9 Identity Management, as authorized by section 7208 of 10 the Intelligence Reform and Terrorism Prevention Act of 11 2004 (8 U.S.C. 1365b), $283,473,000: Provided, That of 12 the total amount made available under this heading, 13 $159,054,000 shall remain available until September 30, 14 2018. 15 16 OFFICE OF HEALTH AFFAIRS For necessary expenses of the Office of Health Af- 17 fairs, $125,216,000; of which $26,857,000 is for salaries 18 and expenses and $82,078,000 is for BioWatch oper19 ations: Provided, That of the amount made available under 20 this heading, $16,281,000 shall remain available until 21 September 30, 2017, for biosurveillance, chemical defense, 22 medical and health planning and coordination, and workasabaliauskas on DSK5VPTVN1PROD with BILLS 23 force health protection. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 27 1 FEDERAL EMERGENCY MANAGEMENT AGENCY 2 SALARIES AND EXPENSES 3 For necessary expenses of the Federal Emergency 4 Management Agency, $955,963,000, including activities 5 authorized by the National Flood Insurance Act of 1968 6 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 7 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 8 seq.), the Cerro Grande Fire Assistance Act of 2000 (divi9 sion C, title I, 114 Stat. 583), the Earthquake Hazards 10 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De11 fense Production Act of 1950 (50 U.S.C. App. 2061 et 12 seq.), sections 107 and 303 of the National Security Act 13 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 14 3 of 1978 (5 U.S.C. App.), the National Dam Safety Pro15 gram Act (33 U.S.C. 467 et seq.), the Homeland Security 16 Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Rec17 ommendations of the 9/11 Commission Act of 2007 (Pub18 lic Law 110–53), the Federal Fire Prevention and Control 19 Act of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina 20 Emergency Management Reform Act of 2006 (Public Law 21 109–295; 120 Stat. 1394), the Biggert-Waters Flood In22 surance Reform Act of 2012 (Public Law 112–141, 126 asabaliauskas on DSK5VPTVN1PROD with BILLS 23 Stat. 916), and the Homeowner Flood Insurance Afford24 ability Act of 2014 (Public Law 113–89): Provided, That 25 not to exceed $2,250 shall be for official reception and •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 28 1 representation expenses: Provided further, That of the 2 total amount made available under this heading, 3 $35,180,000 shall be for the Urban Search and Rescue 4 Response System, of which none is available for Federal 5 Emergency Management Agency administrative costs: 6 Provided further, That of the total amount made available 7 under this heading, $27,500,000 shall remain available 8 until September 30, 2017, for capital improvements and 9 other expenses related to continuity of operations at the 10 Mount Weather Emergency Operations Center. 11 12 STATE AND LOCAL PROGRAMS For grants, contracts, cooperative agreements, and 13 other activities, $1,500,000,000, which shall be allocated asabaliauskas on DSK5VPTVN1PROD with BILLS 14 as follows: 15 (1) $467,000,000 shall be for the State Home- 16 land Security Grant Program under section 2004 of 17 the Homeland Security Act of 2002 (6 U.S.C. 605), 18 of which not less than $55,000,000 shall be for Op- 19 eration 20 standing subsection (c)(4) of such section 2004, for 21 fiscal year 2016, the Commonwealth of Puerto Rico 22 shall make available to local and tribal governments 23 amounts provided to the Commonwealth of Puerto 24 Rico under this paragraph in accordance with sub- 25 section (c)(1) of such section 2004. Stonegarden: Provided, That •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 notwith- 29 1 (2) $600,000,000 shall be for the Urban Area 2 Security Initiative under section 2003 of the Home- 3 land Security Act of 2002 (6 U.S.C. 604), of which 4 not less than $13,000,000 shall be for organizations 5 (as described under section 501(c)(3) of the Internal 6 Revenue Code of 1986 and exempt from tax under 7 section 501(a) of such code) determined by the Sec- 8 retary of Homeland Security to be at high risk of a 9 terrorist attack. 10 (3) $100,000,000 shall be for Public Transpor- 11 tation Security Assistance, Railroad Security Assist- 12 ance, and Over-the-Road Bus Security Assistance 13 under sections 1406, 1513, and 1532 of the Imple- 14 menting Recommendations of the 9/11 Commission 15 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 16 1163, 17 $10,000,000 shall be for Amtrak security and 18 $3,000,000 shall be for Over-the-Road Bus Security: 19 Provided, That such public transportation security 20 assistance shall be provided directly to public trans- 21 portation agencies. 22 asabaliauskas on DSK5VPTVN1PROD with BILLS 23 and 1182), of which not less (4) $100,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107. 24 (5) $233,000,000 shall be to sustain current 25 operations for training, exercises, technical assist- •HR 3128 RH VerDate Sep 11 2014 than 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 30 1 ance, and other programs, of which $162,991,000 2 shall be for training of State, local, and tribal emer- 3 gency response providers: 4 Provided, That for grants under paragraphs (1) through 5 (4), applications for grants shall be made available to eligi6 ble applicants not later than 60 days after the date of en7 actment of this Act, that eligible applicants shall submit 8 applications not later than 80 days after the grant an9 nouncement, and the Administrator of the Federal Emer10 gency Management Agency shall act within 65 days after 11 the receipt of an application: Provided further, That not12 withstanding section 2008(a)(11) of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 609(a)(11)) or any other provi14 sion of law, a grantee may not use more than 5 percent 15 of the amount of a grant made available under this head16 ing for expenses directly related to administration of the 17 grant: Provided further, That for grants under paragraphs 18 (1) and (2), the installation of communications towers is 19 not considered construction of a building or other physical 20 facility: Provided further, That grantees shall provide re21 ports on their use of funds, as determined necessary by 22 the Secretary of Homeland Security: Provided further, asabaliauskas on DSK5VPTVN1PROD with BILLS 23 That notwithstanding section 509 of this Act, the Admin24 istrator of the Federal Emergency Management Agency 25 may use the funds provided in paragraph (5) to acquire •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 31 1 real property for the purpose of establishing or appro2 priately extending the security buffer zones around Fed3 eral Emergency Management Agency training facilities. 4 5 FIREFIGHTER ASSISTANCE GRANTS For grants for programs authorized by the Federal 6 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 7 et seq.), $680,000,000, to remain available until Sep8 tember 30, 2017, of which $340,000,000 shall be available 9 to carry out section 33 of that Act (15 U.S.C. 2229) and 10 $340,000,000 shall be available to carry out section 34 11 of that Act (15 U.S.C. 2229a). 12 13 EMERGENCY MANAGEMENT PERFORMANCE GRANTS For emergency management performance grants, as 14 authorized by the National Flood Insurance Act of 1968 15 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 16 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 17 seq.), the Earthquake Hazards Reduction Act of 1977 (42 18 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 19 1978 (5 U.S.C. App.), $350,000,000. 20 21 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM The aggregate charges assessed during fiscal year 22 2016, as authorized in title III of the Departments of Vetasabaliauskas on DSK5VPTVN1PROD with BILLS 23 erans Affairs and Housing and Urban Development, and 24 Independent Agencies Appropriations Act, 1999 (42 25 U.S.C. 5196e), shall not be less than 100 percent of the •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 32 1 amounts anticipated by the Department of Homeland Se2 curity necessary for its radiological emergency prepared3 ness program for the next fiscal year: Provided, That the 4 methodology for assessment and collection of fees shall be 5 fair and equitable and shall reflect costs of providing such 6 services, including administrative costs of collecting such 7 fees: Provided further, That fees received under this head8 ing shall be deposited in this account as offsetting collec9 tions and will become available for authorized purposes on 10 October 1, 2016, and remain available until expended. 11 12 UNITED STATES FIRE ADMINISTRATION For necessary expenses of the United States Fire Ad- 13 ministration and for other purposes, as authorized by the 14 Federal Fire Prevention and Control Act of 1974 (15 15 U.S.C. 2201 et seq.) and the Homeland Security Act of 16 2002 (6 U.S.C. 101 et seq.), $44,000,000. 17 DISASTER RELIEF FUND 18 (INCLUDING TRANSFER OF FUNDS) 19 For necessary expenses in carrying out the Robert 20 T. Stafford Disaster Relief and Emergency Assistance Act 21 (42 U.S.C. 5121 et seq.), $7,374,693,000 to remain avail22 able until expended, of which $24,000,000 shall be transasabaliauskas on DSK5VPTVN1PROD with BILLS 23 ferred to the Department of Homeland Security Office of 24 Inspector General for audits and investigations related to 25 disasters: Provided, That the reporting requirements in •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 33 1 paragraphs (1) and (2) under the heading ‘‘Federal Emer2 gency Management Agency, Disaster Relief Fund’’ in the 3 Department of Homeland Security Appropriations Act, 4 2015 (Public Law 114–4) shall be applied in fiscal year 5 2016 with respect to budget year 2017 and current fiscal 6 year 2016, respectively, by substituting ‘‘fiscal year 2017’’ 7 for ‘‘fiscal year 2016’’ in paragraph (1): Provided further, 8 That of the amount provided under this heading, 9 $6,712,953,000 shall be for major disasters declared pur10 suant to the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5121 et seq.): Provided 12 further, That the amount in the preceding proviso is des13 ignated by the Congress as being for disaster relief pursu14 ant to section 251(b)(2)(D) of the Balanced Budget and 15 Emergency Deficit Control Act of 1985. 16 17 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM For necessary expenses, including administrative 18 costs, under section 1360 of the National Flood Insurance 19 Act of 1968 (42 U.S.C. 4101), and under sections 20 100215, 100216, 100226, 100230, and 100246 of the 21 Biggert-Waters Flood Insurance Reform Act of 2012, 22 (Public Law 112–141, 126 Stat. 924), $100,000,000, and asabaliauskas on DSK5VPTVN1PROD with BILLS 23 such additional sums as may be provided by State and 24 local governments or other political subdivisions for cost25 shared mapping activities under section 1360(f)(2) of such •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 34 1 Act (42 U.S.C. 4101(f)(2)), to remain available until ex2 pended. 3 4 NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance 5 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 6 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 7 Biggert-Waters Flood Insurance Reform Act of 2012 8 (Public Law 112–141, 126 Stat. 916), and the Home9 owner Flood Insurance Affordability Act of 2014 (Public 10 Law 113–89; 128 Stat. 1020), $181,198,000, which shall 11 remain available until September 30, 2017, and shall be 12 derived from offsetting amounts collected under section 13 1308(d) of the National Flood Insurance Act of 1968 (42 14 U.S.C. 4015(d)); of which $25,299,000 shall be available 15 for salaries and expenses associated with flood manage16 ment and flood insurance operations and $155,899,000 17 shall be available for flood plain management and flood 18 mapping: Provided, That any additional fees collected pur19 suant to section 1308(d) of the National Flood Insurance 20 Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an 21 offsetting collection to this account, to be available for 22 flood plain management and flood mapping: Provided furasabaliauskas on DSK5VPTVN1PROD with BILLS 23 ther, That in fiscal year 2016, no funds shall be available 24 from the National Flood Insurance Fund under section •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 35 1 1310 of the National Flood Insurance Act of 1968 (42 2 U.S.C. 4017) in excess of: 3 (1) $133,252,000 for operating expenses; 4 (2) $1,123,000,000 for commissions and taxes 5 of agents; 6 7 (3) such sums as are necessary for interest on Treasury borrowings; and 8 (4) $175,000,000, which shall remain available 9 until expended, for flood mitigation actions and for 10 flood mitigation assistance under section 1366 of the 11 National Flood Insurance Act of 1968 (42 U.S.C. 12 4104c), 13 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): notwithstanding sections 1366(e) and 14 Provided further, That the amounts collected under section 15 102 of the Flood Disaster Protection Act of 1973 (42 16 U.S.C. 4012a) and section 1366(e) of the National Flood 17 Insurance Act of 1968 shall be deposited in the National 18 Flood Insurance Fund to supplement other amounts speci19 fied as available for section 1366 of the National Flood 20 Insurance Act of 1968, notwithstanding section 102(f)(8), 21 section 1366(e), and paragraphs (1) through (3) of section 22 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), asabaliauskas on DSK5VPTVN1PROD with BILLS 23 4104d(b)(1)–(3)): Provided further, That total administra24 tive costs shall not exceed 4 percent of the total appropria25 tion: Provided further, That $5,000,000 is available to •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 36 1 carry out section 24 of the Homeowner Flood Insurance 2 Affordability Act of 2014 (42 U.S.C. 4033). 3 4 NATIONAL PREDISASTER MITIGATION FUND For the predisaster mitigation grant program under 5 section 203 of the Robert T. Stafford Disaster Relief and 6 Emergency Assistance Act (42 U.S.C. 5133), 7 $25,000,000, to remain available until expended. 8 9 EMERGENCY FOOD AND SHELTER To carry out the emergency food and shelter program 10 pursuant to title III of the McKinney-Vento Homeless As11 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 12 remain available until expended: Provided, That total ad13 ministrative costs shall not exceed 3.5 percent of the total 14 amount made available under this heading. 15 TITLE IV 16 RESEARCH, DEVELOPMENT, TRAINING, AND 17 SERVICES 18 UNITED STATES CITIZENSHIP 19 SERVICES 20 AND IMMIGRATION For necessary expenses for citizenship and immigra- 21 tion services, $119,671,000 for the E-Verify Program, as 22 described in section 403(a) of the Illegal Immigration Reasabaliauskas on DSK5VPTVN1PROD with BILLS 23 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 24 1324a note), to assist United States employers with main25 taining a legal workforce: Provided, That, notwithstanding •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 37 1 any other provision of law, funds otherwise made available 2 to United States Citizenship and Immigration Services 3 may be used to acquire, operate, equip, and dispose of up 4 to 5 vehicles, for replacement only, for areas where the 5 Administrator of General Services does not provide vehi6 cles for lease: Provided further, That the Director of 7 United States Citizenship and Immigration Services may 8 authorize employees who are assigned to those areas to 9 use such vehicles to travel between the employees’ resi10 dences and places of employment: Provided further, That 11 of the funds deposited into the ‘‘Immigration Examination 12 Fees Account’’ established under section 286(m) of the 13 Immigration and Nationality Act (8 U.S.C. 1356(m)), not 14 to exceed $10,000 may be allocated by the Director of 15 United States Citizenship and Immigration Services in fis16 cal year 2016 for official reception and representation ex17 penses notwithstanding section 286(n) of the Immigration 18 and Nationality Act (8 U.S.C. 1356(n)). 19 FEDERAL LAW ENFORCEMENT TRAINING CENTER 20 SALARIES AND EXPENSES 21 For necessary expenses of the Federal Law Enforce- 22 ment Training Center, including materials and support asabaliauskas on DSK5VPTVN1PROD with BILLS 23 costs of Federal law enforcement basic training; the pur24 chase of not to exceed 117 vehicles for police-type use and 25 hire of passenger motor vehicles; expenses for student ath•HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 38 1 letic and related activities; the conduct of and participa2 tion in firearms matches and presentation of awards; pub3 lic awareness and enhancement of community support of 4 law enforcement training; room and board for student in5 terns; a flat monthly reimbursement to employees author6 ized to use personal mobile phones for official duties; and 7 services as authorized by section 3109 of title 5, United 8 States Code; $211,502,000; of which up to $47,181,000 9 shall remain available until September 30, 2017, for mate10 rials and support costs of Federal law enforcement basic 11 training; of which $300,000 shall remain available until 12 expended to be distributed to Federal law enforcement 13 agencies for expenses incurred participating in training ac14 creditation; and of which not to exceed $7,180 shall be 15 for official reception and representation expenses: Pro16 vided, That the Center is authorized to obligate funds in 17 anticipation of reimbursements from agencies receiving 18 training sponsored by the Center, except that total obliga19 tions at the end of the fiscal year shall not exceed total 20 budgetary resources available at the end of the fiscal year: 21 Provided further, That section 1202(a) of Public Law 22 107–206 (42 U.S.C. 3771 note), as amended under this asabaliauskas on DSK5VPTVN1PROD with BILLS 23 heading in Public Law 114–4, is further amended by 24 striking ‘‘December 31, 2017’’ and inserting ‘‘December 25 31, 2018’’: Provided further, That the Director of the Fed•HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 39 1 eral Law Enforcement Training Center shall schedule 2 basic or advanced law enforcement training, or both, at 3 all four training facilities under the control of the Federal 4 Law Enforcement Training Center to ensure that such 5 training facilities are operated at the highest capacity 6 throughout the fiscal year: Provided further, That the Fed7 eral Law Enforcement Training Accreditation Board, in8 cluding representatives from the Federal law enforcement 9 community and non-Federal accreditation experts involved 10 in law enforcement training, shall lead the Federal law 11 enforcement training accreditation process to continue the 12 implementation of measuring and assessing the quality 13 and effectiveness of Federal law enforcement training pro14 grams, facilities, and instructors. 15 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND 16 RELATED EXPENSES 17 For acquisition of necessary additional real property 18 and facilities, construction, and ongoing maintenance, fa19 cility improvements, and related expenses of the Federal 20 Law Enforcement Training Center, $27,553,000, to re21 main available until September 30, 2020: Provided, That 22 the Center is authorized to accept reimbursement to this asabaliauskas on DSK5VPTVN1PROD with BILLS 23 appropriation from government agencies requesting the 24 construction of special use facilities. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 40 1 SCIENCE 2 AND TECHNOLOGY MANAGEMENT AND ADMINISTRATION 3 For salaries and expenses of the Office of the Under 4 Secretary for Science and Technology and for manage5 ment and administration of programs and activities, as 6 authorized by title III of the Homeland Security Act of 7 2002 (6 U.S.C. 181 et seq.), $131,531,000: Provided, 8 That not to exceed $7,650 shall be for official reception 9 and representation expenses. 10 RESEARCH, DEVELOPMENT, ACQUISITION, AND 11 OPERATIONS 12 For necessary expenses for science and technology re- 13 search, including advanced research projects, development, 14 test and evaluation, acquisition, and operations as author15 ized by title III of the Homeland Security Act of 2002 16 (6 U.S.C. 181 et seq.), and the purchase or lease of not 17 to exceed 5 vehicles, $655,407,000; of which 18 $521,676,000 shall remain available until September 30, 19 2018; and of which $133,731,000 shall remain available 20 until September 30, 2020, solely for operation and con- asabaliauskas on DSK5VPTVN1PROD with BILLS 21 struction of laboratory facilities. 22 DOMESTIC NUCLEAR DETECTION OFFICE 23 MANAGEMENT AND ADMINISTRATION 24 For salaries and expenses of the Domestic Nuclear 25 Detection Office, as authorized by title XIX of the Home•HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 41 1 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man2 agement and administration of programs and activities, 3 $38,109,000: Provided, That not to exceed $2,250 shall 4 be for official reception and representation expenses. 5 6 RESEARCH, DEVELOPMENT, AND OPERATIONS For necessary expenses for radiological and nuclear 7 research, development, testing, evaluation, and operations, 8 $196,000,000, to remain available until September 30, 9 2018. 10 11 SYSTEMS ACQUISITION For necessary expenses for the Domestic Nuclear De- 12 tection Office acquisition and deployment of radiological 13 detection systems in accordance with the global nuclear 14 detection architecture, $123,011,000, to remain available 15 until September 30, 2018. 16 TITLE V 17 GENERAL PROVISIONS 18 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 19 SEC. 501. No part of any appropriation contained in 20 this Act shall remain available for obligation beyond the 21 current fiscal year unless expressly so provided herein. 22 SEC. 502. Subject to the requirements of section 503 asabaliauskas on DSK5VPTVN1PROD with BILLS 23 of this Act, the unexpended balances of prior appropria24 tions provided for activities in this Act may be transferred 25 to appropriation accounts for such activities established •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 42 1 pursuant to this Act, may be merged with funds in the 2 applicable established accounts, and thereafter may be ac3 counted for as one fund for the same time period as origi4 nally enacted. 5 SEC. 503. (a) None of the funds provided by this Act, 6 provided by previous appropriations Acts to the agencies 7 in or transferred to the Department of Homeland Security 8 that remain available for obligation or expenditure in fiscal 9 year 2016, or provided from any accounts in the Treasury 10 of the United States derived by the collection of fees avail11 able to the agencies funded by this Act, shall be available 12 for obligation or expenditure through a reprogramming of 13 funds that: 14 (1) creates a new program, project, or activity; 15 (2) eliminates a program, project, office, or ac- asabaliauskas on DSK5VPTVN1PROD with BILLS 16 tivity; 17 (3) increases funds for any program, project, or 18 activity for which funds have been denied or re- 19 stricted by the Congress; 20 (4) proposes to use funds directed for a specific 21 activity by either of the Committees on Appropria- 22 tions of the Senate or the House of Representatives 23 for a different purpose; or 24 (5) contracts out any function or activity for 25 which funding levels were requested for Federal full- •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 43 1 time equivalents in the object classification tables 2 contained in the fiscal year 2016 Budget Appendix 3 for the Department of Homeland Security, as modi- 4 fied by the report accompanying this Act, unless the 5 Committees on Appropriations of the Senate and the 6 House of Representatives are notified 15 days in ad- 7 vance of such reprogramming of funds. 8 (b) None of the funds provided by this Act, provided 9 by previous appropriations Acts to the agencies in or 10 transferred to the Department of Homeland Security that 11 remain available for obligation or expenditure in fiscal 12 year 2016, or provided from any accounts in the Treasury 13 of the United States derived by the collection of fees or 14 proceeds available to the agencies funded by this Act, shall 15 be available for obligation or expenditure for programs, 16 projects, or activities through a reprogramming of funds 17 in excess of $5,000,000 or 10 percent, whichever is less, 18 that: 19 20 (1) augments existing programs, projects, or activities; 21 22 (2) reduces by 10 percent funding for any existing program, project, or activity; asabaliauskas on DSK5VPTVN1PROD with BILLS 23 24 (3) reduces by 10 percent the numbers of personnel approved by the Congress; or •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 44 1 (4) results from any general savings from a re- 2 duction in personnel that would result in a change 3 in existing programs, projects, or activities as ap- 4 proved by the Congress, unless the Committees on 5 Appropriations of the Senate and the House of Rep- 6 resentatives are notified 15 days in advance of such 7 reprogramming of funds. 8 (c) Not to exceed 5 percent of any appropriation 9 made available for the current fiscal year for the Depart10 ment of Homeland Security by this Act or provided by 11 previous appropriations Acts may be transferred between 12 such appropriations, but no such appropriation, except as 13 otherwise specifically provided, shall be increased by more 14 than 10 percent by such transfers: Provided, That any 15 transfer under this section shall be treated as a re16 programming of funds under subsection (b) and shall not 17 be available for obligation unless the Committees on Ap18 propriations of the Senate and the House of Representa19 tives are notified 15 days in advance of such transfer. 20 (d) Notwithstanding subsections (a), (b), and (c) of 21 this section, no funds shall be reprogrammed within or 22 transferred between appropriations based upon an initial asabaliauskas on DSK5VPTVN1PROD with BILLS 23 notification provided after June 30, except in extraor24 dinary circumstances that imminently threaten the safety 25 of human life or the protection of property. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 45 1 (e) The notification thresholds and procedures set 2 forth in this section shall apply to any use of deobligated 3 balances of funds provided in previous Department of 4 Homeland Security Appropriations Acts. 5 SEC. 504. The Department of Homeland Security 6 Working Capital Fund, established pursuant to section 7 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 8 continue operations as a permanent working capital fund 9 for fiscal year 2016: Provided, That none of the funds ap10 propriated or otherwise made available to the Department 11 of Homeland Security may be used to make payments to 12 the Working Capital Fund, except for the activities and 13 amounts allowed in the President’s fiscal year 2016 budg14 et: Provided further, That funds provided to the Working 15 Capital Fund shall be available for obligation until ex16 pended to carry out the purposes of the Working Capital 17 Fund: Provided further, That all departmental components 18 shall be charged only for direct usage of each Working 19 Capital Fund service: Provided further, That funds pro20 vided to the Working Capital Fund shall be used only for 21 purposes consistent with the contributing component: Pro22 vided further, That the Working Capital Fund shall be asabaliauskas on DSK5VPTVN1PROD with BILLS 23 paid in advance or reimbursed at rates which will return 24 the full cost of each service: Provided further, That the 25 Committees on Appropriations of the Senate and House •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 46 1 of Representatives shall be notified of any activity added 2 to or removed from the fund and the activity’s accom3 panying offset by component: Provided further, That the 4 Chief Financial Officer of the Department of Homeland 5 Security shall submit a quarterly execution report with ac6 tivity level detail, not later than 30 days after the end of 7 each quarter. 8 SEC. 505. Except as otherwise specifically provided 9 by law, not to exceed 50 percent of unobligated balances 10 remaining available at the end of fiscal year 2016, as re11 corded in the financial records at the time of a reprogram12 ming request, but not later than June 30, 2017, from ap13 propriations for salaries and expenses for fiscal year 2016 14 in this Act shall remain available through September 30, 15 2017, in the account and for the purposes for which the 16 appropriations were provided: Provided, That prior to the 17 obligation of such funds, a request shall be submitted to 18 the Committees on Appropriations of the Senate and the 19 House of Representatives for approval in accordance with 20 section 503 of this Act. 21 SEC. 506. Funds made available by this Act for intel- 22 ligence activities are deemed to be specifically authorized asabaliauskas on DSK5VPTVN1PROD with BILLS 23 by the Congress for purposes of section 504 of the Na24 tional Security Act of 1947 (50 U.S.C. 414) during fiscal •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 47 1 year 2016 until the enactment of an Act authorizing intel2 ligence activities for fiscal year 2016. 3 SEC. 507. (a) Except as provided in subsections (b) 4 and (c), none of the funds made available by this Act may 5 be used to— 6 (1) make or award a grant allocation, grant, 7 contract, other transaction agreement, or task or de- 8 livery order on a Department of Homeland Security 9 multiple award contract, or to issue a letter of intent 10 totaling in excess of $1,000,000; 11 (2) award a task or delivery order requiring an 12 obligation of funds in an amount greater than 13 $10,000,000 from multi-year Department of Home- 14 land Security funds; 15 (3) make a sole-source grant award; or 16 (4) announce publicly the intention to make or 17 award items under paragraph (1), (2), or (3) includ- 18 ing a contract covered by the Federal Acquisition 19 Regulation. 20 (b) The Secretary of Homeland Security may waive 21 the prohibition under subsection (a) if the Secretary noti22 fies the Committees on Appropriations of the Senate and asabaliauskas on DSK5VPTVN1PROD with BILLS 23 the House of Representatives at least 3 full business days 24 in advance of making an award or issuing a letter as de25 scribed in that subsection. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 48 1 (c) If the Secretary of Homeland Security determines 2 that compliance with this section would pose a substantial 3 risk to human life, health, or safety, an award may be 4 made without notification, and the Secretary shall notify 5 the Committees on Appropriations of the Senate and the 6 House of Representatives not later than 5 full business 7 days after such an award is made or letter issued. 8 (d) A notification under this section— 9 10 (1) may not involve funds that are not available for obligation; and 11 (2) shall include the amount of the award; the 12 fiscal year for which the funds for the award were 13 appropriated; the type of contract; and the account 14 from which the funds are being drawn. 15 (e) The Administrator of the Federal Emergency 16 Management Agency shall brief the Committees on Appro17 priations of the Senate and the House of Representatives 18 5 full business days in advance of announcing publicly the 19 intention of making an award under ‘‘State and Local 20 Programs’’. 21 SEC. 508. Notwithstanding any other provision of 22 law, no agency shall purchase, construct, or lease any adasabaliauskas on DSK5VPTVN1PROD with BILLS 23 ditional facilities, except within or contiguous to existing 24 locations, to be used for the purpose of conducting Federal 25 law enforcement training without the advance approval of •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 49 1 the Committees on Appropriations of the Senate and the 2 House of Representatives, except that the Federal Law 3 Enforcement Training Center is authorized to obtain the 4 temporary use of additional facilities by lease, contract, 5 or other agreement for training that cannot be accommo6 dated in existing Center facilities. 7 SEC. 509. None of the funds appropriated or other- 8 wise made available by this Act may be used for expenses 9 for any construction, repair, alteration, or acquisition 10 project for which a prospectus otherwise required under 11 chapter 33 of title 40, United States Code, has not been 12 approved, except that necessary funds may be expended 13 for each project for required expenses for the development 14 of a proposed prospectus. 15 SEC. 510. (a) Sections 520, 522, and 530 of the De- 16 partment of Homeland Security Appropriations Act, 2008 17 (division E of Public Law 110–161; 121 Stat. 2073 and 18 2074) shall apply with respect to funds made available in 19 this Act in the same manner as such sections applied to 20 funds made available in that Act. 21 (b) The third proviso of section 537 of the Depart- 22 ment of Homeland Security Appropriations Act, 2006 (6 asabaliauskas on DSK5VPTVN1PROD with BILLS 23 U.S.C. 114), shall not apply with respect to funds made 24 available in this Act. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 50 1 SEC. 511. None of the funds made available in this 2 Act may be used in contravention of the applicable provi3 sions of the Buy American Act. For purposes of the pre4 ceding sentence, the term ‘‘Buy American Act’’ means 5 chapter 83 of title 41, United States Code. 6 SEC. 512. None of the funds made available in this 7 Act may be used to amend the oath of allegiance required 8 by section 337 of the Immigration and Nationality Act 9 (8 U.S.C. 1448). 10 SEC. 513. Not later than 30 days after the last day 11 of each month, the Chief Financial Officer of the Depart12 ment of Homeland Security shall submit to the Commit13 tees on Appropriations of the Senate and the House of 14 Representatives a monthly budget and staffing report for 15 that month that includes total obligations of the Depart16 ment for that month for the fiscal year at the appropria17 tion and program, project, and activity levels, by the 18 source year of the appropriation. Total obligations for 19 staffing shall also be provided by subcategory of on-board 20 and funded full-time equivalent staffing levels, respec21 tively, and the report shall specify the number of, and total 22 obligations for, contract employees for each office of the asabaliauskas on DSK5VPTVN1PROD with BILLS 23 Department. 24 SEC. 514. Except as provided in section 44945 of title 25 49, United States Code, funds appropriated or transferred •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 51 1 to Transportation Security Administration ‘‘Aviation Se2 curity’’, ‘‘Administration’’, and ‘‘Transportation Security 3 Support’’ for fiscal years 2004 and 2005 that are recov4 ered or deobligated shall be available only for the procure5 ment or installation of explosives detection systems, air 6 cargo, baggage, and checkpoint screening systems, subject 7 to notification: Provided, That semiannual reports shall be 8 submitted to the Committees on Appropriations of the 9 Senate and the House of Representatives on any funds 10 that are recovered or deobligated. 11 SEC. 515. None of the funds appropriated by this Act 12 may be used to process or approve a competition under 13 Office of Management and Budget Circular A–76 for serv14 ices provided by employees (including employees serving 15 on a temporary or term basis) of United States Citizen16 ship and Immigration Services of the Department of 17 Homeland Security who are known as Immigration Infor18 mation Officers, Contact Representatives, Investigative 19 Assistants, or Immigration Services Officers. 20 SEC. 516. Any funds appropriated to ‘‘Coast Guard, 21 Acquisition, Construction, and Improvements’’ for fiscal 22 years 2002, 2003, 2004, 2005, and 2006 for the 110– asabaliauskas on DSK5VPTVN1PROD with BILLS 23 123 foot patrol boat conversion that are recovered, col24 lected, or otherwise received as the result of negotiation, •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 52 1 mediation, or litigation, shall be available until expended 2 for the Fast Response Cutter program. 3 SEC. 517. The functions of the Federal Law Enforce- 4 ment Training Center instructor staff shall be classified 5 as inherently governmental for the purpose of the Federal 6 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 7 note). 8 SEC. 518. (a) The Secretary of Homeland Security 9 shall submit a report not later than October 15, 2016, 10 to the Office of Inspector General of the Department of 11 Homeland Security listing all grants and contracts award12 ed by any means other than full and open competition dur13 ing fiscal year 2016. 14 (b) The Inspector General shall review the report re- 15 quired by subsection (a) to assess Departmental compli16 ance with applicable laws and regulations and report the 17 results of that review to the Committees on Appropriations 18 of the Senate and the House of Representatives not later 19 than February 15, 2017. 20 SEC. 519. None of the funds provided by this or pre- 21 vious appropriations Acts shall be used to fund any posi22 tion designated as a Principal Federal Official (or the sucasabaliauskas on DSK5VPTVN1PROD with BILLS 23 cessor thereto) for any Robert T. Stafford Disaster Relief 24 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 25 declared disasters or emergencies unless— •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 asabaliauskas on DSK5VPTVN1PROD with BILLS 53 1 (1) the responsibilities of the Principal Federal 2 Official do not include operational functions related 3 to incident management, including coordination of 4 operations, and are consistent with the requirements 5 of section 509(c) and sections 503(c)(3) and 6 503(c)(4)(A) of the Homeland Security Act of 2002 7 (6 U.S.C. 319(c), 313(c)(3), and 313(c)(4)(A)) and 8 section 302 of the Robert T. Stafford Disaster Relief 9 and Assistance Act (42 U.S.C. 5143); 10 (2) not later than 10 business days after the 11 latter of the date on which the Secretary of Home- 12 land Security appoints the Principal Federal Official 13 and the date on which the President issues a dec- 14 laration under section 401 or section 501 of the 15 Robert T. Stafford Disaster Relief and Emergency 16 Assistance Act (42 U.S.C. 5170 and 5191, respec- 17 tively), the Secretary of Homeland Security shall 18 submit a notification of the appointment of the Prin- 19 cipal Federal Official and a description of the re- 20 sponsibilities of such Official and how such respon- 21 sibilities are consistent with paragraph (1) to the 22 Committees on Appropriations of the Senate and the 23 House of Representatives, the Committee on Trans- 24 portation and Infrastructure of the House of Rep- •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 54 1 resentatives, and the Committee on Homeland Secu- 2 rity and Governmental Affairs of the Senate; and 3 (3) not later than 60 days after the date of en- 4 actment of this Act, the Secretary shall provide a re- 5 port specifying timeframes and milestones regarding 6 the update of operations, planning and policy docu- 7 ments, and training and exercise protocols, to ensure 8 consistency with paragraph (1) of this section. 9 SEC. 520. None of the funds provided or otherwise 10 made available in this Act shall be available to carry out 11 section 872 of the Homeland Security Act of 2002 (6 12 U.S.C. 452) unless explicitly authorized by Congress. 13 SEC. 521. None of the funds made available in this 14 Act may be used by United States Citizenship and Immi15 gration Services to grant an immigration benefit unless 16 the results of background checks required by law to be 17 completed prior to the granting of the benefit have been 18 received by United States Citizenship and Immigration 19 Services, and the results do not preclude the granting of 20 the benefit. 21 SEC. 522. Section 831 of the Homeland Security Act asabaliauskas on DSK5VPTVN1PROD with BILLS 22 of 2002 (6 U.S.C. 391) is amended— 23 (1) in subsection (a), by striking ‘‘Until Sep- 24 tember 30, 2015,’’ and inserting ‘‘Until September 25 30, 2016,’’; and •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 55 1 (2) in subsection (c)(1), by striking ‘‘September 2 30, 2015,’’ and inserting ‘‘September 30, 2016,’’. 3 SEC. 523. The Secretary of Homeland Security shall 4 require that all contracts of the Department of Homeland 5 Security that provide award fees link such fees to success6 ful acquisition outcomes (which outcomes shall be speci7 fied in terms of cost, schedule, and performance). 8 SEC. 524. Notwithstanding any other provision of 9 law, none of the funds provided in this or any other Act 10 shall be used to approve a waiver of the navigation and 11 vessel-inspection laws pursuant to 46 U.S.C. 501(b) for 12 the transportation of crude oil distributed from and to the 13 Strategic Petroleum Reserve until the Secretary of Home14 land Security, after consultation with the Secretaries of 15 the Departments of Energy and Transportation and rep16 resentatives from the United States flag maritime indus17 try, takes adequate measures to ensure the use of United 18 States flag vessels: Provided, That the Secretary shall no19 tify the Committees on Appropriations of the Senate and 20 the House of Representatives, the Committee on Com21 merce, Science, and Transportation of the Senate, and the 22 Committee on Transportation and Infrastructure of the asabaliauskas on DSK5VPTVN1PROD with BILLS 23 House of Representatives within 2 business days of any 24 request for waivers of navigation and vessel-inspection 25 laws pursuant to 46 U.S.C. 501(b). •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 56 1 SEC. 525. None of the funds made available in this 2 Act for United States Customs and Border Protection 3 may be used to prevent an individual not in the business 4 of importing a prescription drug (within the meaning of 5 section 801(g) of the Federal Food, Drug, and Cosmetic 6 Act) from importing a prescription drug from Canada that 7 complies with the Federal Food, Drug, and Cosmetic Act: 8 Provided, That this section shall apply only to individuals 9 transporting on their person a personal-use quantity of the 10 prescription drug, not to exceed a 90-day supply: Provided 11 further, That the prescription drug may not be— 12 (1) a controlled substance, as defined in section 13 102 of the Controlled Substances Act (21 U.S.C. 14 802); or 15 (2) a biological product, as defined in section 16 351 of the Public Health Service Act (42 U.S.C. 17 262). 18 SEC. 526. The Secretary of Homeland Security, in 19 consultation with the Secretary of the Treasury, shall no20 tify the Committees on Appropriations of the Senate and 21 the House of Representatives of any proposed transfers 22 of funds available under section 9703(g)(4)(B) of title 31, asabaliauskas on DSK5VPTVN1PROD with BILLS 23 United States Code (added by section 638 of Public Law 24 102–393), from the Department of the Treasury For25 feiture Fund to any agency within the Department of •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 57 1 Homeland Security: Provided, That none of the funds 2 identified for such a transfer may be obligated until the 3 Committees on Appropriations of the Senate and the 4 House of Representatives approve the proposed transfers. 5 SEC. 527. None of the funds made available in this 6 Act may be used for planning, testing, piloting, or devel7 oping a national identification card. 8 SEC. 528. Any official that is required by this Act 9 to report or to certify to the Committees on Appropria10 tions of the Senate and the House of Representatives may 11 not delegate such authority to perform that act unless spe12 cifically authorized herein. 13 SEC. 529. None of the funds appropriated or other- 14 wise made available in this or any other Act may be used 15 to transfer, release, or assist in the transfer or release to 16 or within the United States, its territories, or possessions 17 Khalid Sheikh Mohammed or any other detainee who— 18 asabaliauskas on DSK5VPTVN1PROD with BILLS 19 (1) is not a United States citizen or a member of the Armed Forces of the United States; and 20 (2) is or was held on or after June 24, 2009, 21 at the United States Naval Station, Guantanamo 22 Bay, Cuba, by the Department of Defense. 23 SEC. 530. None of the funds made available in this 24 Act may be used for first-class travel by the employees 25 of agencies funded by this Act in contravention of sections •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 58 1 301–10.122 through 301–10.124 of title 41, Code of Fed2 eral Regulations. 3 SEC. 531. None of the funds made available in this 4 Act may be used to employ workers described in section 5 274A(h)(3) of the Immigration and Nationality Act (8 6 U.S.C. 1324a(h)(3)). 7 SEC. 532. Notwithstanding any other provision of 8 this Act, none of the funds appropriated or otherwise 9 made available by this Act may be used to pay award or 10 incentive fees for contractor performance that has been 11 judged to be below satisfactory performance or perform12 ance that does not meet the basic requirements of a con13 tract. 14 SEC. 533. In developing any process to screen avia- 15 tion passengers and crews for transportation or national 16 security purposes, the Secretary of Homeland Security 17 shall ensure that all such processes take into consideration 18 such passengers’ and crews’ privacy and civil liberties con19 sistent with applicable laws, regulations, and guidance. 20 SEC. 534. (a) Notwithstanding section 1356(n) of 21 title 8, United States Code, of the funds deposited into 22 the Immigration Examinations Fee Account, $10,000,000 asabaliauskas on DSK5VPTVN1PROD with BILLS 23 may be allocated by United States Citizenship and Immi24 gration Services in fiscal year 2016 for the purpose of pro25 viding an immigrant integration grants program. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 59 1 (b) None of the funds made available to United 2 States Citizenship and Immigration Services for grants for 3 immigrant integration may be used to provide services to 4 aliens who have not been lawfully admitted for permanent 5 residence. 6 SEC. 535. For an additional amount for the ‘‘Office 7 of the Under Secretary for Management’’, $43,886,000, 8 to remain available until expended, for necessary expenses 9 to plan, acquire, design, construct, renovate, remediate, 10 equip, furnish, improve infrastructure, and occupy build11 ings and facilities for the department headquarters con12 solidation project and associated mission support consoli13 dation. 14 SEC. 536. None of the funds appropriated or other- 15 wise made available by this Act may be used by the De16 partment of Homeland Security to enter into any Federal 17 contract unless such contract is entered into in accordance 18 with the requirements of subtitle I of title 41, United 19 States Code, or chapter 137 of title 10, United States 20 Code, and the Federal Acquisition Regulation, unless such 21 contract is otherwise authorized by statute to be entered 22 into without regard to the above referenced statutes. asabaliauskas on DSK5VPTVN1PROD with BILLS 23 SEC. 537. (a) For an additional amount for financial 24 systems modernization, $52,977,000 to remain available 25 until September 30, 2017. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 60 1 (b) Funds made available in subsection (a) for finan- 2 cial systems modernization may be transferred by the Sec3 retary of Homeland Security between appropriations for 4 the same purpose, notwithstanding section 503 of this Act. 5 (c) No transfer described in subsection (b) shall occur 6 until 15 days after the Committees on Appropriations of 7 the Senate and the House of Representatives are notified 8 of such transfer. 9 SEC. 538. Notwithstanding the 10 percent limitation 10 contained in section 503(c) of this Act, the Secretary of 11 Homeland Security may transfer to the fund established 12 by 8 U.S.C. 1101 note, up to $20,000,000 from appro13 priations available to the Department of Homeland Secu14 rity: Provided, That the Secretary shall notify the Com15 mittees on Appropriations of the Senate and the House 16 of Representatives 5 days in advance of such transfer. 17 SEC. 539. Notwithstanding any other provision of 18 law, if the Secretary of Homeland Security determines 19 that specific United States Immigration and Customs En20 forcement Service Processing Centers or other United 21 States Immigration and Customs Enforcement owned de22 tention facilities no longer meet the mission need, the Secasabaliauskas on DSK5VPTVN1PROD with BILLS 23 retary is authorized to dispose of individual Service Proc24 essing Centers or other United States Immigration and 25 Customs Enforcement owned detention facilities by direct•HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 61 1 ing the Administrator of General Services to sell all real 2 and related personal property which support Service Proc3 essing Centers or other United States Immigration and 4 Customs Enforcement owned detention facilities, subject 5 to such terms and conditions as necessary to protect Gov6 ernment interests and meet program requirements: Pro7 vided, That the proceeds, net of the costs of sale incurred 8 by the General Services Administration and United States 9 Immigration and Customs Enforcement, shall be deposited 10 as offsetting collections into a separate account that shall 11 be available, subject to appropriation, until expended for 12 other real property capital asset needs of existing United 13 States Immigration and Customs Enforcement assets, ex14 cluding daily operations and maintenance costs, as the 15 Secretary deems appropriate: Provided further, That any 16 sale or collocation of federally owned detention facilities 17 shall not result in the maintenance of fewer than 34,000 18 detention beds: Provided further, That the Committees on 19 Appropriations of the Senate and the House of Represent20 atives shall be notified 15 days prior to the announcement 21 of any proposed sale or collocation. 22 SEC. 540. The Secretary of Homeland Security shall asabaliauskas on DSK5VPTVN1PROD with BILLS 23 ensure enforcement of all immigration laws (as defined in 24 section 101(a)(17) of the Immigration and Nationality Act 25 (8 U.S.C. 1101(a)(17))). •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 62 1 SEC. 541. (a) None of the funds made available in 2 this Act may be used to maintain or establish a computer 3 network unless such network blocks the viewing, 4 downloading, and exchanging of pornography. 5 (b) Nothing in subsection (a) shall limit the use of 6 funds necessary for any Federal, State, tribal, or local law 7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 9 SEC. 542. None of the funds made available in this 10 Act may be used by a Federal law enforcement officer to 11 facilitate the transfer of an operable firearm to an indi12 vidual if the Federal law enforcement officer knows or sus13 pects that the individual is an agent of a drug cartel unless 14 law enforcement personnel of the United States continu15 ously monitor or control the firearm at all times. 16 SEC. 543. None of the funds provided in this or any 17 other Act may be obligated to implement the National Pre18 paredness Grant Program or any other successor grant 19 programs unless explicitly authorized by Congress. 20 SEC. 544. None of the funds made available in this 21 Act may be used to provide funding for the position of 22 Public Advocate, or a successor position, within United asabaliauskas on DSK5VPTVN1PROD with BILLS 23 States Immigration and Customs Enforcement. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 63 1 SEC. 545. Section 559(e)(3)(D) of division F of Pub- 2 lic Law 113–76 (6 U.S.C. 211 note) is amended by strik3 ing ‘‘five’’ and inserting ‘‘ten’’. 4 SEC. 546. None of the funds made available in this 5 Act may be used to pay for the travel to or attendance 6 of more than 50 employees of a single component of the 7 Department of Homeland Security, who are stationed in 8 the United States, at a single international conference un9 less the Secretary of Homeland Security, or a designee, 10 determines that such attendance is in the national interest 11 and notifies the Committees on Appropriations of the Sen12 ate and the House of Representatives within at least 10 13 days of that determination and the basis for that deter14 mination: Provided, That for purposes of this section the 15 term ‘‘international conference’’ shall mean a conference 16 occurring outside of the United States attended by rep17 resentatives of the United States Government and of for18 eign governments, international organizations, or non19 governmental organizations. 20 SEC. 547. None of the funds made available in this 21 Act may be used to reimburse any Federal department 22 or agency for its participation in a National Special Secuasabaliauskas on DSK5VPTVN1PROD with BILLS 23 rity Event. 24 SEC. 548. With the exception of countries with 25 preclearance facilities in service prior to 2014, none of the •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 64 1 funds made available in this Act may be used for new 2 United States Customs and Border Protection air 3 preclearance agreements entering into force after Feb4 ruary 1, 2015, unless— 5 (1) the Secretary of Homeland Security, in con- 6 sultation with the Secretary of State, has certified to 7 Congress that air preclearance operations at the air- 8 port provide a homeland or national security benefit 9 to the United States; 10 (2) United States passenger air carriers are not 11 precluded from operating at existing preclearance lo- 12 cations; and 13 (3) a United States passenger air carrier is op- 14 erating at all airports contemplated for establish- 15 ment of new air preclearance operations. 16 SEC. 549. None of the funds made available by this 17 or any other Act may be used by the Administrator of 18 the Transportation Security Administration to implement, 19 administer, or enforce, in abrogation of the responsibility 20 described in section 44903(n)(1) of title 49, United States 21 Code, any requirement that airport operators provide air22 port-financed staffing to monitor exit points from the sterasabaliauskas on DSK5VPTVN1PROD with BILLS 23 ile area of any airport at which the Transportation Secu24 rity Administration provided such monitoring as of De25 cember 1, 2013. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 65 1 SEC. 550. The administrative law judge annuitants 2 participating in the Senior Administrative Law Judge 3 Program managed by the Director of the Office of Per4 sonnel Management under section 3323 of title 5, United 5 States Code, shall be available on a temporary reemploy6 ment basis to conduct arbitrations of disputes arising from 7 delivery of assistance under the Federal Emergency Man8 agement Agency Public Assistance Program. 9 SEC. 551. As authorized by section 601(b) of the 10 United States-Colombia Trade Promotion Agreement Im11 plementation Act (Public Law 112–42), not to exceed 12 $180,000,000 in fees collected from passengers arriving 13 from Canada, Mexico, or an adjacent island pursuant to 14 section 13031(a)(5) of the Consolidated Omnibus Budget 15 Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be 16 available until expended. 17 SEC. 552. None of the funds made available to the 18 Department of Homeland Security by this or any other 19 Act may be obligated for any structural pay reform that 20 affects more than 100 full-time equivalent employee posi21 tions or costs more than $5,000,000 in a single year be22 fore the end of the 30-day period beginning on the date asabaliauskas on DSK5VPTVN1PROD with BILLS 23 on which the Secretary of Homeland Security submits to 24 Congress a notification that includes— •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 66 1 2 (1) the number of full-time equivalent employee positions affected by such change; 3 (2) funding required for such change for the 4 current year and through the Future Years Home- 5 land Security Program; 6 (3) justification for such change; and 7 (4) an analysis of compensation alternatives to 8 such change that were considered by the Depart- 9 ment. 10 SEC. 553. (a) Any agency receiving funds made avail- 11 able in this Act shall, subject to subsections (b) and (c), 12 post on the public Web site of that agency any report re13 quired to be submitted by the Committees on Appropria14 tions of the Senate and the House of Representatives in 15 this Act, upon the determination by the head of the agency 16 that it shall serve the national interest. 17 (b) Subsection (a) shall not apply to a report if— 18 (1) the public posting of the report com- 19 promises homeland or national security; or 20 (2) the report contains proprietary information. 21 (c) The head of the agency posting such report shall 22 do so only after such report has been made available to asabaliauskas on DSK5VPTVN1PROD with BILLS 23 the requesting Committee or Committees of Congress for 24 no less than 45 days except as otherwise specified in law. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 67 1 SEC. 554. Notwithstanding any other provision of 2 law, grants awarded to States along the Southwest Border 3 of the United States under sections 2003 or 2004 of the 4 Homeland Security Act of 2002 (6 U.S.C. 604 and 605) 5 using funds provided under the heading ‘‘Federal Emer6 gency Management Agency, State and Local Programs’’ 7 in this Act, Public Law 114–4, division F of Public Law 8 113–76, or division D of Public Law 113–6 may be used 9 by recipients or sub-recipients for costs, or reimbursement 10 of costs, related to providing humanitarian relief to unac11 companied alien children and alien adults accompanied by 12 an alien minor where they are encountered after entering 13 the United States, provided that such costs were incurred 14 between January 1, 2014, and December 31, 2014, or 15 during the award period of performance. 16 SEC. 555. (a) Notwithstanding any limitation or re- 17 quirement in section 503 of this Act with respect to the 18 reprogramming and transfer of funds, amounts made 19 available by this Act for the Transportation Security Ad20 ministration may be reprogrammed within ‘‘Aviation Se21 curity’’ or transferred from ‘‘Transportation Security Sup22 port’’ for obligations associated with private screening asabaliauskas on DSK5VPTVN1PROD with BILLS 23 contract awards made by the Screening Partnership Pro24 gram. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 68 1 (b) The Committees on Appropriations of the Senate 2 and the House of Representatives shall be notified of any 3 reprogramming or transfer under subsection (a) within 10 4 days after such action. 5 SEC. 556. Each major acquisition program of the De- 6 partment of Homeland Security, as defined in Department 7 of Homeland Security Management Directive 102–2, shall 8 meet established acquisition documentation requirements 9 for its acquisition program baseline established in the De10 partment of Homeland Security Instruction Manual 102– 11 01–001 and the Department of Homeland Security Acqui12 sition Instruction/Guidebook 102–01–001, Appendix K. 13 SEC. 557. None of the funds made available by this 14 Act or any other Act for any fiscal year may be used for 15 any of the following major acquisition programs, until it 16 meets the documentation requirements established in the 17 Department of Homeland Security Instruction Manual 18 102–01–001 and the Department of Homeland Security 19 Acquisition Instruction/Guidebook 102–01–001, Appendix 20 K, for its acquisition program baseline: 21 22 (1) U.S. Customs and Border Protection’s Land Border Integration program. asabaliauskas on DSK5VPTVN1PROD with BILLS 23 24 (2) U.S. Customs and Border Protection’s NonIntrusive Inspection Systems program. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 69 1 2 (3) U.S. Customs and Border Protection’s Strategic Air and Marine Program. 3 4 (4) U.S. Customs and Border Protection’s Tactical Communications Modernization program. 5 6 (5) Federal Emergency Management Agency’s Logistics Supply Chain Management System. 7 (6) Coast Guard’s Medium Range Surveillance 8 Aircraft program. 9 SEC. 558. (a) The Secretary of Homeland Security 10 shall include, in the President’s budget proposal for fiscal 11 year 2017, submitted pursuant to section 1105(a) of title 12 31, United States Code, and accompanying justification 13 materials, an account structure under which the following 14 categories of appropriation are included under each agen15 cy heading in accounts of the same name: 16 (1) Operations and Support. 17 (2) Procurements, Construction, and Improve- 18 ments. 19 (3) Research and Development. 20 (4) Federal Assistance. 21 (b) The Under Secretary for Management, acting 22 through the Chief Financial Officer, shall determine, and asabaliauskas on DSK5VPTVN1PROD with BILLS 23 provide centralized guidance to each agency on, how to 24 structure appropriations for purposes of subsection (a). •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 70 1 (c) In fiscal year 2017, the accounts designed under 2 subsection (a) shall be created, and the Secretary of 3 Homeland Security shall structure appropriations of the 4 Department as provided pursuant to such subsection, in5 cluding any continuing appropriations made available for 6 such fiscal year before enactment of a regular appropria7 tion Act. 8 (d) Notwithstanding any other provision of law, the 9 Secretary of Homeland Security may transfer any appro10 priation made available to the Department of Homeland 11 Security by previous appropriation Acts to the accounts 12 created pursuant to subsection (c) to carry out the re13 quirements of such subsection. 14 (e)(1) Not later than 60 days after the date of enact- 15 ment of the regular or full-year continuing appropriation 16 Act or resolution for the Department of Homeland Secu17 rity for fiscal year 2017, the Secretary of Homeland Secu18 rity shall establish the baseline for application of re19 programming and transfer authorities and submit the re20 port specified in paragraph (2) to the Committees on Ap21 propriations of the Senate and the House of Representa22 tives. asabaliauskas on DSK5VPTVN1PROD with BILLS 23 24 (2) The report required in this subsection shall include— •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 71 1 (A) a delineation of the amount and ac- 2 count of each transfer made pursuant to sub- 3 section (c) or (d); 4 (B) a table for each appropriation with a 5 separate column to display the President’s 6 budget request, adjustments made by Congress, 7 adjustments due to enacted rescissions, if ap- 8 propriate, adjustments made pursuant to the 9 transfer authority in subsection (c) or (d), and 10 the fiscal year enacted level; 11 (C) a delineation in the table for each ap- 12 propriation, adjusted as described in paragraph 13 (2), both by budget activity and program, 14 project, and activity as detailed in the Budget 15 Appendix; and 16 (D) an identification of items of special 17 18 congressional interest. SEC. 559. (a) None of the funds made available by 19 this Act may be used to approve, license, facilitate, author20 ize, or otherwise allow the trafficking or import of prop21 erty confiscated by the Cuban Government. 22 (b) In this section, the terms ‘‘confiscated’’, ‘‘Cuban asabaliauskas on DSK5VPTVN1PROD with BILLS 23 Government’’, ‘‘property’’, and ‘‘traffic’’ have the mean24 ings give such terms in paragraphs (4), (5), (12)(A), and 25 (13), respectively, of section 4 of the Cuban Liberty and •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 72 1 Democratic Solidarity (LIBERTAD) Act of 1996 (2216 2 U.S.C. 6023). 3 SEC. 560. No funds, resources, or fees made available 4 to the Secretary of Homeland Security, or to any other 5 official of a Federal agency, by this Act or any other Act 6 for any fiscal year, including any deposits into the ‘‘Immi7 gration Examinations Fee Account’’ established under 8 section 286(m) of the Immigration and Nationality Act 9 (8 U.S.C. 1356(m)), may be obligated to expand the exist10 ing Deferred Action for Childhood Arrivals or newly pro11 posed Deferred Action for Parents of Americans and Law12 ful Permanent Residents as outlined in memoranda signed 13 November 20, 2014, by the Secretary of the Department 14 of Homeland Security while the preliminary injunctive 15 order of the district court for the Southern District of 16 Texas entered February 16, 2015, in the matter of Texas 17 v. United States, Civ. No. B-14-254, 2015 WL 648579 18 (S.D. Tex. Feb. 16, 2015), remains in effect. 19 SEC. 561. Section 214(g)(9)(A) of the Immigration 20 and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended 21 by striking ‘‘2004, 2005, or 2006 shall not again be count22 ed toward such limitation during fiscal year 2007.’’ and asabaliauskas on DSK5VPTVN1PROD with BILLS 23 inserting ‘‘2013, 2014, or 2015 shall not again be counted 24 toward such limitation during fiscal year 2016.’’. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 73 1 SEC. 562. None of the funds made available by this 2 Act may be used to fund the creation or continued use 3 of metal badges resembling law enforcement badges by 4 Transportation Security Administration personnel, unless 5 such person has received Federal law enforcement train6 ing, or is eligible for Federal law enforcement benefits. 7 SEC. 563. None of the funds appropriated by this Act 8 for U.S. Immigration and Customs Enforcement shall be 9 available to pay for an abortion, except where the life of 10 the mother would be endangered if the fetus were carried 11 to term, or in the case of rape or incest: Provided, That 12 should this prohibition be declared unconstitutional by a 13 court of competent jurisdiction, this section shall be null 14 and void. 15 SEC. 564. None of the funds appropriated by this Act 16 for U.S. Immigration and Customs Enforcement shall be 17 used to require any person to perform, or facilitate in any 18 way the performance of, any abortion. 19 SEC. 565. Nothing in the preceding section shall re- 20 move the obligation of the Assistant Secretary of Home21 land Security for U.S. Immigration and Customs Enforce22 ment to provide escort services necessary for a female deasabaliauskas on DSK5VPTVN1PROD with BILLS 23 tainee to receive such service outside the detention facility: 24 Provided, That nothing in this section in any way dimin25 ishes the effect of section 564 intended to address the phil•HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 74 1 osophical beliefs of individual employees of U.S. Immigra2 tion and Customs Enforcement. 3 SEC. 566. No funds or fees made available to the Sec- 4 retary of Homeland Security, or to the head of any other 5 Federal agency, by this Act or any other Act may be used 6 to release from custody, other than for removal from the 7 United States, any alien described in the Priority 1 or Pri8 ority 2 category in the memorandum from the Secretary 9 of Homeland Security entitled ‘‘Policies for the Apprehen10 sion, Detention and Removal of Undocumented Immi11 grants’’ dated November 20, 2014. 12 SEC. 567. (a) In this section, the term ‘‘sanctuary 13 city’’ means a State or a political subdivision of a State 14 that has in place a statute, policy, or practice that pro15 hibits law enforcement officers of the State, or of the polit16 ical subdivision, from assisting or cooperating with Fed17 eral immigration law enforcement in the course of carrying 18 out the officers’ routine law enforcement duties. 19 (b)(1) A sanctuary city shall not be eligible to receive, 20 for a minimum period of at lease 1 year, any Department 21 of Homeland Security grant funded under the heading 22 ‘‘Federal Emergency Management Agency, State and asabaliauskas on DSK5VPTVN1PROD with BILLS 23 Local Programs’’. 24 (2) A jurisdiction that is found to be a sanctuary city 25 shall only become eligible to receive funds or grants under •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 75 1 paragraph (b)(1) after the Secretary of Homeland Secu2 rity certifies that the jurisdiction is no longer a sanctuary 3 city. 4 (c)(1) Not later than March 1 of each year, the Sec- 5 retary of Homeland Security shall determine which States 6 or political subdivisions of a State are sanctuary cities and 7 shall report to Congress such determinations. 8 (2) The Secretary of Homeland Security shall issue 9 a report concerning the compliance of any particular State 10 or political subdivision of a State at the request of the 11 Committee on Appropriations of the Senate, the Com12 mittee on Appropriations of the House of Representatives, 13 the Committee on the Judiciary of the Senate, or the Com14 mittee on the Judiciary of the House of Representatives. 15 (d) Any funds that are not allocated to a sanctuary 16 city, due to the jurisdiction’s designation as a sanctuary 17 city, shall be reallocated to the States and political subdivi18 sions of States that are not sanctuary cities. 19 (e) Nothing in this section may be construed to re- 20 quire law enforcement officials from a State or political 21 subdivision of a State to report or arrest victims or wit22 nesses of a criminal offense. asabaliauskas on DSK5VPTVN1PROD with BILLS 23 (f) This section shall take effect on the date of enact- 24 ment of this Act. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 76 1 2 (RESCISSIONS) SEC. 568. Of the funds appropriated to the Depart- 3 ment of Homeland Security, the following funds are here4 by rescinded from the following accounts and programs 5 in the specified amounts: Provided, That no amounts may 6 be rescinded from amounts that were designated by the 7 Congress as an emergency requirement pursuant to a con8 current resolution on the budget or the Balanced Budget 9 and Emergency Deficit Control Act of 1985 (Public Law asabaliauskas on DSK5VPTVN1PROD with BILLS 10 99–177): 11 (1) $27,338,000 from Public Law 109–88; 12 (2) $66,600,000 from ‘‘U.S. Custom and Bor- 13 der Protection, Border Security Fencing, Infrastruc- 14 ture, and Technology’’ account 70x0553; 15 (3) $31,950,000 from Public Law 114–4 under 16 the heading ‘‘U.S. Custom and Border Protection, 17 Border Security Fencing, Infrastructure, and Tech- 18 nology’’; 19 (4) $30,000,000 from Public Law 114–4 under 20 the heading ‘‘Transportation Security Administra- 21 tion, Aviation Security’’; 22 (5) $22,000,000 from Public Law 114–4 under 23 the heading ‘‘Transportation Security Administra- 24 tion, Surface Transportation Security’’; •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 asabaliauskas on DSK5VPTVN1PROD with BILLS 77 1 (6) $8,000,000 from Public Law 114–4 under 2 the heading ‘‘Transportation Security Administra- 3 tion, Intelligence and Vetting’’; 4 (7) $26,000,000 from Public Law 114–4 under 5 the heading ‘‘Transportation Security Administra- 6 tion, Transportation Security Support’’; 7 (8) $4,741,699 from Public Law 113–6 under 8 the heading ‘‘Coast Guard, Acquisition, Construc- 9 tion, and Improvements’’; 10 (9) $12,542,022 from Public Law 113–76 11 under the heading ‘‘Coast Guard, Acquisition, Con- 12 struction, and Improvements’’; 13 (10) $2,305,000 from Public Law 114–4 under 14 the heading ‘‘Coast Guard, Acquisition, Construc- 15 tion, and Improvements’’; 16 (11) $9,100,000 from Public Law 114–4 under 17 the heading ‘‘United States Secret Service, Acquisi- 18 tion, Construction, Improvements, and Related Ex- 19 penses’’; 20 (12) $393,178 from Public Law 113–6 under 21 the heading ‘‘Science and Technology, Research, De- 22 velopment, Acquisition, and Operations’’; 23 (13) $8,500,000 from Public Law 113–76 24 under the heading ‘‘Science and Technology, Re- •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 78 1 search, Development, Acquisition, and Operations’’; 2 and 3 (14) $1,106,822 from Public Law 114–4 under 4 the heading ‘‘Science and Technology, Research, De- 5 velopment, Acquisition, and Operations’’. 6 7 (RESCISSION) SEC. 569. From the unobligated balances made avail- 8 able in the Department of the Treasury Forfeiture Fund 9 established by section 9703 of title 31, United States Code 10 (added by section 638 of Public Law 102–393), 11 $176,000,000 shall be rescinded. 12 13 (RESCISSION) SEC. 570. Of the unobligated balances made available 14 to ‘‘Federal Emergency Management Agency, Disaster 15 Relief Fund’’, $1,265,864,000 shall be rescinded: Pro16 vided, That no amounts may be rescinded from amounts 17 that were designated by the Congress as an emergency re18 quirement pursuant to a concurrent resolution on the 19 budget or the Balanced Budget and Emergency Deficit 20 Control Act of 1985, as amended: Provided further, That 21 no amounts may be rescinded from the amounts that were 22 designated by the Congress as being for disaster relief purasabaliauskas on DSK5VPTVN1PROD with BILLS 23 suant to section 251(b)(2)(D) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 79 1 2 SPENDING REDUCTION ACCOUNT SEC. 571. The amount by which the applicable alloca- 3 tion of new budget authority made by the Committee on 4 Appropriations of the House of Representatives under sec5 tion 302(b) of the Congressional Budget Act of 1974 ex6 ceeds the amount of proposed new budget authority is $0. 7 This Act may be cited as the ‘‘Department of Home- asabaliauskas on DSK5VPTVN1PROD with BILLS 8 land Security Appropriations Act, 2016’’. •HR 3128 RH VerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128 Union Calendar No. 162 H. R. 3128 asabaliauskas on DSK5VPTVN1PROD with BILLS 114TH CONGRESS 1ST SESSION [Report No. 114–215] A BILL Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2016, and for other purposes. JULY 21, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed H3128 E:\BILLS\H3128.RH Sfmt 6651 Fmt 6651 Frm 00080 PO 00000 Jkt 049200 22:21 Jul 21, 2015 VerDate Sep 11 2014