[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2217 Reported in Senate (RS)]
Calendar No. 140
113th CONGRESS
1st Session
H. R. 2217
[Report No. 113-77]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2013
Received; read twice and referred to the Committee on Appropriations
June 12, 2013
Committee discharged; ordered returned to the House
June 13, 2013
Received; read twice and referred to the Committee on Appropriations
pursuant to the order of June 12, 2013
July 18, 2013
Reported by Ms. Landrieu, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2014, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <DELETED>That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the Department of Homeland Security for the
fiscal year ending September 30, 2014, and for other purposes, namely:
<DELETED>TITLE I</DELETED>
<DELETED>DEPARTMENTAL MANAGEMENT AND OPERATIONS</DELETED>
<DELETED>Departmental Operations</DELETED>
<DELETED>Office of the Secretary and Executive Management</DELETED>
<DELETED> For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management of the
Department of Homeland Security, as authorized by law, $103,246,000
(reduced by $2,838,000): Provided, That not to exceed $45,000 shall be
for official reception and representation expenses: Provided further,
That all official costs associated with the use of government aircraft
by Department of Homeland Security personnel to support official travel
of the Secretary and the Deputy Secretary shall be paid from amounts
made available for the Immediate Office of the Secretary and the
Immediate Office of the Deputy Secretary: Provided further, That the
Secretary shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, with the President's budget
proposal for fiscal year 2015 submitted pursuant to section 1105(a) of
title 31, United States Code, expenditure plans for the Office of
Policy, the Office for Intergovernmental Affairs, the Office for Civil
Rights and Civil Liberties, the Citizenship and Immigration Services
Ombudsman, and the Privacy Officer.</DELETED>
<DELETED>Office of the Under Secretary for Management</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$171,173,000 (reduced by $10,000,000) (reduced by $5,000,000) (reduced
by $7,667,000) (reduced by $15,676,000), of which not to exceed $2,250
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, $4,020,000
shall remain available until September 30, 2015, solely for the
alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations at
the Nebraska Avenue Complex; and $7,815,000 shall remain available
until September 30, 2015, for the Human Resources Information
Technology program: Provided further, That the Under Secretary for
Management shall, pursuant to the requirements contained in House
Report 112-331, submit to the Committees on Appropriations of the
Senate and the House of Representatives at the time the President's
budget proposal for fiscal year 2015 is submitted pursuant to section
1105(a) of title 31, United States Code, a Comprehensive Acquisition
Status Report, which shall include the information required under the
heading ``Office of the Under Secretary for Management'' under title I
of division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74), and quarterly updates to such report not later than 45 days
after the completion of each quarter.</DELETED>
<DELETED>Office of the Chief Financial Officer</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Financial Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $41,242,000, of which $4,000,000
shall remain available until September 30, 2015, for financial systems
modernization efforts: Provided, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, at the time that the President's
budget proposal for fiscal year 2015 is submitted pursuant to section
1105(a) of title 31, United States Code, the Future Years Homeland
Security Program and a comprehensive report compiled in conjunction
with the Government Accountability Office that details updated
missions, goals, strategies, priorities, along with performance metrics
that are measurable, repeatable, and directly linked to requests for
funding, as described in the accompanying report.</DELETED>
<DELETED>Office of the Chief Information Officer</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), and Department-wide technology
investments, $210,735,000; of which $99,397,000 shall be available for
salaries and expenses; and of which $111,338,000, to remain available
until September 30, 2015, shall be available for development and
acquisition of information technology equipment, software, services,
and related activities for the Department of Homeland Security:
Provided, That the Department of Homeland Security Chief Information
Officer shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, at the time that the President's
budget proposal for fiscal year 2015 is submitted pursuant to section
1105(a) of title 31, United States Code, a multi-year investment and
management plan, to include each of fiscal years 2014 through 2017, for
all information technology acquisition projects funded under this
heading or funded by multiple components of the Department of Homeland
Security through reimbursable agreements, that includes--</DELETED>
<DELETED> (1) the proposed appropriations included for each
project and activity tied to mission requirements, program
management capabilities, performance levels, and specific
capabilities and services to be delivered;</DELETED>
<DELETED> (2) the total estimated cost and projected
timeline of completion for all multi-year enhancements,
modernizations, and new capabilities that are proposed in such
budget or underway;</DELETED>
<DELETED> (3) a detailed accounting of operations and
maintenance and contractor services costs; and</DELETED>
<DELETED> (4) a current acquisition program baseline for
each project, that--</DELETED>
<DELETED> (A) notes and explains any deviations in
cost, performance parameters, schedule, or estimated
date of completion from the original acquisition
program baseline;</DELETED>
<DELETED> (B) aligns the acquisition programs
covered by the baseline to mission requirements by
defining existing capabilities, identifying known
capability gaps between such existing capabilities and
stated mission requirements, and explaining how each
increment will address such known capability gaps;
and</DELETED>
<DELETED> (C) defines life-cycle costs for such
programs.</DELETED>
<DELETED>Analysis and Operations</DELETED>
<DELETED> For necessary expenses for intelligence analysis and
operations coordination activities, as authorized by title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $291,623,000; of
which not to exceed $3,825 shall be for official reception and
representation expenses; and of which $89,334,000 shall remain
available until September 30, 2015.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $113,903,000, of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector
General.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>SECURITY, ENFORCEMENT, AND INVESTIGATIONS</DELETED>
<DELETED>U.S. Customs and Border Protection</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural inspections and
regulatory activities related to plant and animal imports, and
transportation of unaccompanied minor aliens; purchase and lease of up
to 7,500 (6,500 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad;
$8,275,983,000; of which $3,274,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which not to exceed $34,425 shall be for
official reception and representation expenses; of which such sums as
become available in the Customs User Fee Account, except sums subject
to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations;
and of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided, That for
fiscal year 2014, the overtime limitation prescribed in section 5(c)(1)
of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be available to compensate any employee
of U.S. Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That the Border Patrol shall maintain an active duty
presence of not less than 21,370 full-time equivalent agents protecting
the borders of the United States in the fiscal year.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> For necessary expenses for U.S. Customs and Border
Protection for operation and improvement of automated systems,
including salaries and expenses, $707,897,000 (reduced by $7,655,000);
of which $325,526,000 shall remain available until September 30, 2016;
and of which not less than $140,762,000 shall be for the development of
the Automated Commercial Environment.</DELETED>
<DELETED>border security fencing, infrastructure, and
technology</DELETED>
<DELETED> For expenses for border security fencing, infrastructure,
and technology, $351,454,000 (increased by $10,000,000), to remain
available until September 30, 2016.</DELETED>
<DELETED>air and marine operations</DELETED>
<DELETED> For necessary expenses for the operations, maintenance,
and procurement of marine vessels, aircraft, unmanned aircraft systems,
and other related equipment of the air and marine program, including
salaries and expenses and operational training and mission-related
travel, the operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; and, at the discretion
of the Secretary of Homeland Security, the provision of assistance to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; $802,741,000; of which $292,791,000
shall be available for salaries and expenses; and of which $509,950,000
shall remain available until September 30, 2016: Provided, That no
aircraft or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that have been
damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2014 without prior notice to the Committees
on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary of Homeland Security shall report
to the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, on any changes to the 5-year strategic plan for the air and
marine program required under this heading in Public Law 112-
74.</DELETED>
<DELETED>construction and facilities management</DELETED>
<DELETED> For necessary expenses to plan, acquire, construct,
renovate, equip, furnish, operate, manage, and maintain buildings,
facilities, and related infrastructure necessary for the administration
and enforcement of the laws relating to customs, immigration, and
border security, $471,278,000, to remain available until September 30,
2018: Provided, That the Commissioner of U.S. Customs and Border
Protection shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the
President's budget proposal for fiscal year 2015 pursuant to section
1105(a) of title 31, United States Code, an inventory of the real
property of U.S. Customs and Border Protection and a plan for each
activity and project proposed for funding under this heading that
includes the full cost by fiscal year of each activity and project
proposed and underway in fiscal year 2015.</DELETED>
<DELETED>U.S. Immigration and Customs Enforcement</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations, including
overseas vetted units operations; and purchase and lease of up to 3,790
(2,350 for replacement only) police-type vehicles; $5,344,461,000; of
which not to exceed $10,000,000 shall be available until expended for
conducting special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed
$11,475 shall be for official reception and representation expenses; of
which not to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security; of which not less than $305,000 shall
be for promotion of public awareness of the child pornography tipline
and activities to counter child exploitation; of which not less than
$5,400,000 shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)); and of which not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes and in cases of immigration emergencies: Provided further,
That of the total amount provided, $15,770,000 shall be for activities
to enforce laws against forced child labor, of which not to exceed
$6,000,000 shall remain available until expended: Provided further,
That of the total amount available, not less than $1,600,000,000 shall
be available to identify aliens convicted of a crime who may be
deportable, and to remove them from the United States once they are
judged deportable: Provided further, That the Secretary of Homeland
Security shall prioritize the identification and removal of aliens
convicted of a crime by the severity of that crime: Provided further,
That funding made available under this heading shall maintain a level
of not less than 34,000 detention beds through September 30, 2014:
Provided further, That of the total amount provided, not less than
$2,835,581,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That
of the total amount provided, $31,541,000 shall remain available until
September 30, 2015, for the Visa Security Program: Provided further,
That not less than $10,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center: Provided
further, That none of the funds provided under this heading may be used
to continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been violated: Provided further, That none of the funds
provided under this heading may be used to continue any contract for
the provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less
than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens
convicted of a crime.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> For expenses of immigration and customs enforcement
automated systems, $34,900,000, to remain available until September 30,
2016.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For necessary expenses to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs and
immigration, $5,000,000, to remain available until September 30,
2017.</DELETED>
<DELETED>Transportation Security Administration</DELETED>
<DELETED>aviation security</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,872,739,000 (increased
by $3,000,000), to remain available until September 30, 2015, of which
not to exceed $7,650 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, not to exceed $3,824,625,000 (increased by $3,000,000) shall
be for screening operations and not to exceed $1,048,114,000 (reduced
by $12,500,000) (increased by $12,500,000) (reduced by $31,810,000)
shall be for aviation security direction and enforcement: Provided
further, That of the amount made available in the preceding proviso for
screening operations, $2,972,715,000, to remain available until
September 30, 2014, shall be available for Screener Compensation and
Benefits; $163,190,000 (increased by $31,810,000) shall be available
for the Screening Partnership Program; $382,354,000 shall be available
for explosives detection systems, of which $83,845,000 shall be
available for the purchase and installation of these systems; and
$103,309,000 (increased by $3,000,000) shall be for checkpoint support:
Provided further, That any award to deploy explosives detection
systems shall be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased cost
effectiveness: Provided further, That security service fees authorized
under section 44940 of title 49, United States Code, shall be credited
to this appropriation as offsetting collections and shall be available
only for aviation security: Provided further, That the sum
appropriated under this heading from the general fund shall be reduced
on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2014 so as to result in a final fiscal year
appropriation from the general fund estimated at not more than
$2,752,739,000: Provided further, That any security service fees
collected in excess of the amount made available under this heading
shall become available during fiscal year 2015: Provided further, That
notwithstanding section 44923 of title 49, United States Code, for
fiscal year 2014, any funds in the Aviation Security Capital Fund
established by section 44923(h) of title 49, United States Code, may be
used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of such
title: Provided further, That none of the funds made available in this
Act may be used for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the agency to
exceed a staffing level of 46,000 full-time equivalent screeners:
Provided further, That the preceding proviso shall not apply to
personnel hired as part-time employees: Provided further, That not
later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
detailed report on--</DELETED>
<DELETED> (1) the Department of Homeland Security efforts
and resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective
security of passengers and baggage at the lowest possible
operating and acquisition costs;</DELETED>
<DELETED> (2) how the Transportation Security Administration
is deploying its existing passenger and baggage screener
workforce in the most cost effective manner; and</DELETED>
<DELETED> (3) labor savings from the deployment of improved
technologies for passenger and baggage screening and how those
savings are being used to offset security costs or reinvested
to address security vulnerabilities:</DELETED>
<DELETED> Provided further, That Members of the Senate and House of
Representatives, including the leadership; the heads of Federal
agencies and commissions, including the Secretary, Deputy Secretary,
Under Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the Attorney General, Deputy Attorney General,
Assistant Attorneys General, and the United States Attorneys; and
senior members of the Executive Office of the President, including the
Director of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.</DELETED>
<DELETED>surface transportation security</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$108,618,000 (increased by $15,676,000), to remain available until
September 30, 2015.</DELETED>
<DELETED>transportation threat assessment and credentialing</DELETED>
<DELETED> For necessary expenses for the development and
implementation of screening programs of the Office of Transportation
Threat Assessment and Credentialing, $182,617,000, to remain available
until September 30, 2015.</DELETED>
<DELETED>transportation security support</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $901,666,000
(reduced by $4,000,000), to remain available until September 30, 2015:
Provided, That of the funds provided under this heading, $50,000,000
shall be withheld from obligation for headquarters administration until
the Administrator of the Transportation Security Administration submits
to the Committees on Appropriations of the Senate and the House of
Representatives detailed expenditure plans for air cargo security,
checkpoint support, and explosives detection systems refurbishment,
procurement, and installations on an airport-by-airport basis for
fiscal year 2014 and the completion of a security assessment measuring
the effectiveness of using the Transportation Worker Identification
Credential: Provided further, That the Administrator of the
Transportation Security Administration shall submit to the Committees
of the Senate and the House of Representatives, at the time that the
President's budget proposal for fiscal year 2015 is submitted pursuant
to section 1105(a) of title 31, United States Code, the expenditure
plans and report detailed in the preceding proviso.</DELETED>
<DELETED>federal air marshals</DELETED>
<DELETED> For necessary expenses of the Federal Air Marshal Service,
$821,107,000: Provided, That the Director of the Federal Air Marshal
Service shall submit to the Committees on Appropriations of the Senate
and the House of Representatives not later than 45 days after the date
of enactment of this Act a detailed, classified expenditure and
staffing plan for ensuring optimal coverage of high-risk
flights.</DELETED>
<DELETED>Coast Guard</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> For necessary expenses for the operation and maintenance
of the Coast Guard, not otherwise provided for; purchase or lease of
not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for contingent and
emergent requirements (at a unit cost of no more than $700,000) and
repairs and service-life replacements, not to exceed a total of
$31,000,000; purchase or lease of boats necessary for overseas
deployments and activities; minor shore construction projects not
exceeding $1,000,000 in total cost on any location; payments pursuant
to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat.
1920); and recreation and welfare; $6,839,416,000; of which
$340,000,000 shall be for defense-related activities, of which
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed $15,300
shall be for official reception and representation expenses: Provided,
That none of the funds made available by this Act shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to this appropriation: Provided further, That
of the funds provided under this heading, $167,683,000 shall be
withheld from obligation for Coast Guard Headquarters Directorates
until a revised future-years capital investment plan for fiscal years
2015 through 2019, as specified under the heading ``Coast Guard
Acquisition, Construction, and Improvements'' of this Act is submitted
to the Committees on Appropriations of the Senate and the House of
Representatives.</DELETED>
<DELETED>environmental compliance and restoration</DELETED>
<DELETED> For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under chapter
19 of title 14, United States Code, $13,164,000, to remain available
until September 30, 2018.</DELETED>
<DELETED>reserve training</DELETED>
<DELETED> For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the Coast Guard
Reserve program; personnel and training costs; and equipment and
services; $112,991,000.</DELETED>
<DELETED>acquisition, construction, and improvements</DELETED>
<DELETED> For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore facilities,
vessels, and aircraft, including equipment related thereto; and
maintenance, rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $1,222,712,000; of which $20,000,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts, to remain
available until September 30, 2018 (except as subsequently specified),
shall be available as follows: $18,000,000 shall be available for
military family housing, of which not more than $6,828,691 shall be
derived from the Coast Guard Housing Fund established pursuant to 14
U.S.C. 687; $860,553,000 shall be available to acquire, effect major
repairs to, renovate, or improve vessels, small boats, and related
equipment; $149,710,000 shall be available to acquire, effect major
repairs to, renovate, or improve aircraft or increase aviation
capability; $74,930,000 shall be available for other acquisition
programs; $5,000,000 shall be available for shore facilities and aids
to navigation, including waterfront facilities at Navy installations
used by the Coast Guard; and $114,519,000, to remain available until
September 30, 2014, shall be available for personnel compensation and
benefits and related costs: Provided, That the funds provided by this
Act shall be immediately available and allotted to contract for the
production of the seventh National Security Cutter notwithstanding the
availability of funds for post-production costs: Provided further,
That the funds provided by this Act shall be immediately available and
allotted to contract for long lead time materials, components, and
designs for the eighth National Security Cutter notwithstanding the
availability of funds for production costs or post-production costs:
Provided further, That the Commandant of the Coast Guard shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget proposal for
fiscal year 2015 is submitted pursuant to section 1105(a) of title 31,
United States Code, a future-years capital investment plan for the
Coast Guard that identifies for each requested capital asset--
</DELETED>
<DELETED> (1) the proposed appropriations included in that
budget;</DELETED>
<DELETED> (2) the total estimated cost of completion,
including and clearly delineating the costs of associated major
acquisition systems infrastructure and transition to
operations;</DELETED>
<DELETED> (3) projected funding levels for each fiscal year
for the next 5 fiscal years or until acquisition program
baseline or project completion, whichever is earlier;</DELETED>
<DELETED> (4) an estimated completion date at the projected
funding levels; and</DELETED>
<DELETED> (5) a current acquisition program baseline for
each capital asset, as applicable, that--</DELETED>
<DELETED> (A) includes the total acquisition cost of
each asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed
funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition
activities, production, structural modifications,
missionization, post-delivery, and transition to
operations costs;</DELETED>
<DELETED> (B) includes a detailed project schedule
through completion, subdivided by fiscal year, that
details--</DELETED>
<DELETED> (i) quantities planned for each
fiscal year; and</DELETED>
<DELETED> (ii) major acquisition and project
events, including development of operational
requirements, contracting actions, design
reviews, production, delivery, test and
evaluation, and transition to operations,
including necessary training, shore
infrastructure, and logistics;</DELETED>
<DELETED> (C) notes and explains any deviations in
cost, performance parameters, schedule, or estimated
date of completion from the original acquisition
program baseline and the most recent baseline approved
by the Department of Homeland Security's Acquisition
Review Board, if applicable;</DELETED>
<DELETED> (D) aligns the acquisition of each asset
to mission requirements by defining existing
capabilities of comparable legacy assets, identifying
known capability gaps between such existing
capabilities and stated mission requirements, and
explaining how the acquisition of each asset will
address such known capability gaps;</DELETED>
<DELETED> (E) defines life-cycle costs for each
asset and the date of the estimate on which such costs
are based, including all associated costs of major
acquisitions systems infrastructure and transition to
operations, delineated by purpose and fiscal year for
the projected service life of the asset;</DELETED>
<DELETED> (F) includes the earned value management
system summary schedule performance index and cost
performance index for each asset, if applicable;
and</DELETED>
<DELETED> (G) includes a phase-out and
decommissioning schedule delineated by fiscal year for
each existing legacy asset that each asset is intended
to replace or recapitalize:</DELETED>
<DELETED> Provided further, That the Commandant of the Coast Guard
shall ensure that amounts specified in the future-years capital
investment plan are consistent, to the maximum extent practicable, with
proposed appropriations necessary to support the programs, projects,
and activities of the Coast Guard in the President's budget proposal
for fiscal year 2015 is submitted pursuant to section 1105(a) of title
31, United States Code, for that fiscal year: Provided further, That
any inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified: Provided further,
That subsections (a) and (b) of section 6402 of Public Law 110-28 shall
apply with respect to the amounts made available under this
heading.</DELETED>
<DELETED>research, development, test, and evaluation</DELETED>
<DELETED> For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$9,928,000, to remain available until September 30, 2015, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.</DELETED>
<DELETED>retired pay</DELETED>
<DELETED> For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent receipts
and combat-related special compensation under the National Defense
Authorization Act, and payments for medical care of retired personnel
and their dependents under chapter 55 of title 10, United States Code,
$1,460,000,000, to remain available until expended.</DELETED>
<DELETED>United States Secret Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the United States Secret
Service, including purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
services of expert witnesses at such rates as may be determined by the
Director of the Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act; research and development;
grants to conduct behavioral research in support of protective research
and operations; and payment in advance for commercial accommodations as
may be necessary to perform protective functions; $1,534,589,000; of
which not to exceed $19,125 shall be for official reception and
representation expenses; of which not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which $2,358,000 shall
be for forensic and related support of investigations of missing and
exploited children; of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children
and shall remain available until September 30, 2015; and of which not
less than $8,000,000 shall be for activities related to training in
electronic crimes investigations and forensics: Provided, That
$18,000,000 for protective travel shall remain available until
September 30, 2015: Provided further, That $4,500,000 for National
Special Security Events shall remain available until September 30,
2015: Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements from
Federal agencies and entities, as defined in section 105 of title 5,
United States Code, for personnel receiving training sponsored by the
James J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year: Provided
further, That none of the funds made available under this heading shall
be available to compensate any employee for overtime in an annual
amount in excess of $35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that amount as
necessary for national security purposes: Provided further, That none
of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be made available for the
protection of the head of a Federal agency other than the Secretary of
Homeland Security: Provided further, That the Director of the Secret
Service may enter into an agreement to provide such protection on a
fully reimbursable basis: Provided further, That none of the funds
made available to the United States Secret Service by this Act or by
previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation:
Provided further, That for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less, may be transferred
between ``Protection of Persons and Facilities'' and ``Domestic Field
Operations''.</DELETED>
<DELETED>acquisition, construction, improvements, and related
expenses</DELETED>
<DELETED> For necessary expenses for acquisition, construction,
repair, alteration, and improvement of physical and technological
infrastructure, $51,775,000; of which $5,380,000, to remain available
until September 30, 2018, shall be for acquisition, construction,
improvement, and maintenance of facilities; and of which $46,395,000,
to remain available until September 30, 2016, shall be for information
integration and technology transformation execution: Provided, That
the Director of the Secret Service shall submit to the Committees on
Appropriations of the Senate and the House of Representatives at the
time that the President's budget proposal for fiscal year 2015 is
submitted pursuant to section 1105(a) of title 31, United States Code,
a multi-year investment and management plan for its Information
Integration and Technology Transformation program that describes
funding for the current fiscal year and the following 3 fiscal years,
with associated plans for systems acquisition and technology
deployment.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY</DELETED>
<DELETED>National Protection and Programs Directorate</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> For salaries and expenses of the Office of the Under
Secretary and the Offices of the Assistant Secretaries for the National
Protection and Programs Directorate, support for operations, and
information technology, $50,522,000: Provided, That not to exceed
$3,825 shall be for official reception and representation
expenses.</DELETED>
<DELETED>infrastructure protection and information security</DELETED>
<DELETED> For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,176,629,000, of which $200,000,000, shall remain available until
September 30, 2015: Provided, That of the total amount provided for
the ``Infrastructure Security Compliance'' program, project, and
activity, $20,000,000 shall be withheld from obligation until the Under
Secretary for the National Protection and Programs Directorate submits
to the Committees on Appropriations of the Senate and the House of
Representatives an expenditure plan for the Chemical Facility Anti-
Terrorism Standards program that includes the number of facilities
covered by the program, inspectors on-board, inspections pending, and
inspections projected to be completed by September 30, 2014.</DELETED>
<DELETED>federal protective service</DELETED>
<DELETED> The revenues and collections of security fees credited to
this account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.</DELETED>
<DELETED>office of biometric identity management</DELETED>
<DELETED> For necessary expenses for the Office of Biometric
Identity Management, as authorized by section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b),
$232,190,000: Provided, That of the total amount made available under
this heading, $113,956,000 shall remain available until September 30,
2016: Provided further, That the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, not later than 60 days after the date of enactment
of this Act, an expenditure plan for the Office of Biometric Identity
Management: Provided further, That the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives at the time the President's budget is submitted each
year under section 1105(a) of title 31, United States Code, a multi-
year investment and management plan for the Office of Biometric
Identity Management program, to include each fiscal year starting with
the current fiscal year and the 3 subsequent fiscal years, that
provides--</DELETED>
<DELETED> (1) the proposed appropriation for each activity
tied to mission requirements and outcomes, program management
capabilities, performance levels, and specific capabilities and
services to be delivered, noting any deviations in cost or
performance from the prior fiscal years expenditure or
investment and management plan for United States Visitor and
Immigrant Status Indicator Technology;</DELETED>
<DELETED> (2) the total estimated cost, projected funding by
fiscal year, and projected timeline of completion for all
enhancements, modernizations, and new capabilities proposed in
such budget and underway, including and clearly delineating
associated efforts and funds requested by other agencies within
the Department of Homeland Security and in the Federal
Government and detailing any deviations in cost, performance,
schedule, or estimated date of completion provided in the prior
fiscal years expenditure or investment and management plan for
United States Visitor and Immigrant Status Indicator
Technology; and</DELETED>
<DELETED> (3) a detailed accounting of operations and
maintenance, contractor services, and program costs associated
with the management of identity services.</DELETED>
<DELETED>Office of Health Affairs</DELETED>
<DELETED> For necessary expenses of the Office of Health Affairs,
$123,425,000; of which $25,072,000 is for salaries and expenses; and of
which $79,534,000 is for BioWatch operations: Provided, That of the
amount made available under this heading, $18,819,000 shall remain
available until September 30, 2015, for biosurveillance, chemical
defense, medical and health planning and coordination, and workforce
health protection: Provided further, That not to exceed $2,250 shall
be for official reception and representation expenses.</DELETED>
<DELETED>Federal Emergency Management Agency</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Emergency Management
Agency, $914,795,000 (increased by $7,667,000), including activities
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire
Assistance Act of 2000 (division C, title I, 114 Stat. 583), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), and the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141, 126 Stat. 916): Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses: Provided further, That of the total amount made available
under this heading, $27,513,000 (increased by $7,667,000) shall be for
the Urban Search and Rescue Response System, of which none is available
for Federal Emergency Management Agency administrative costs: Provided
further, That of the total amount made available under this heading,
$22,000,000 shall remain available until September 30, 2015, for
capital improvements and other expenses related to continuity of
operations at the Mount Weather Emergency Operations Center.</DELETED>
<DELETED>state and local programs</DELETED>
<DELETED> For grants contracts, cooperative agreements, and other
activities, $1,500,000,000 (reduced by $97,500,000) (increased by
$97,500,000) (reduced by $97,500,000) (increased by $97,500,000), which
shall be allocated as follows:</DELETED>
<DELETED> (1) Notwithstanding section 503 of this Act,
$1,264,826,000 (reduced by $97,500,000) (increased by
$97,500,000) shall be distributed, according to threat,
vulnerability, and consequence, at the discretion of the
Secretary of Homeland Security based on the following
authorities:</DELETED>
<DELETED> (A) The State Homeland Security Grant
Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year
2014, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this
paragraph in accordance with subsection (c)(1) of such
section 2004.</DELETED>
<DELETED> (B) Operation Stonegarden.</DELETED>
<DELETED> (C) The Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604).</DELETED>
<DELETED> (D) Organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax section 501(a) of such code)
determined by the Secretary of Homeland Security to be
at high risk of a terrorist attack.</DELETED>
<DELETED> (E) Public Transportation Security
Assistance and Railroad Security Assistance, under
sections 1406 and 1513 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1135 and 1163), including Amtrak security:
Provided, That such public transportation security
assistance shall be provided directly to public
transportation agencies.</DELETED>
<DELETED> (F) Port Security Grants in accordance
with 46 U.S.C. 70107.</DELETED>
<DELETED> (G) Over-the-Road Bus Security Assistance
under section 1532 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (Public Law 110-53;
6 U.S.C. 1182).</DELETED>
<DELETED> (H) The Metropolitan Medical Response
System under section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 723).</DELETED>
<DELETED> (I) The Citizen Corps Program.</DELETED>
<DELETED> (J) The Driver's License Security Grants
Program in accordance with section 204 of the REAL ID
Act of 2005 (49 U.S.C. 30301 note).</DELETED>
<DELETED> (K) The Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579).</DELETED>
<DELETED> (L) Emergency Operations Centers under
section 614 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C.
5196c).</DELETED>
<DELETED> (M) The Buffer Zone Protection Program
Grants.</DELETED>
<DELETED> (N) Regional Catastrophic Preparedness
Grants.</DELETED>
<DELETED> (2) $235,174,000 shall be to sustain current
operations for training, exercises, technical assistance, and
other programs, of which $157,991,000 shall be for training of
State, local, and tribal emergency response
providers:</DELETED>
<DELETED> Provided, That of the amounts provided in paragraph (1)
under this heading, $55,000,000 shall be for operation Stonegarden;
Provided further, That for grants under paragraph (1), applications for
grants shall be made available to eligible applicants not later than 60
days after the date of enactment of this Act, that eligible applicants
shall submit applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency Management
Agency shall act within 65 days after the receipt of an application:
Provided further, That notwithstanding section 2008(a)(11) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other
provision of law, a grantee may not use more than 5 percent of the
amount of a grant made available under this heading for expenses
directly related to administration of the grant: Provided further,
That for grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a building or
other physical facility: Provided further, That grantees shall provide
reports on their use of funds, as determined necessary by the Secretary
of Homeland Security.</DELETED>
<DELETED>firefighter assistance grants</DELETED>
<DELETED> For grants for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$675,000,000 (increased by $5,000,000), to remain available until
September 30, 2015, of which $337,500,000 (increased by $2,500,000)
shall be available to carry out section 33 of that Act (15 U.S.C. 2229)
and $337,500,000 (increased by $2,500,000) shall be available to carry
out section 34 of that Act (15 U.S.C. 2229a).</DELETED>
<DELETED>emergency management performance grants</DELETED>
<DELETED> For emergency management performance grants, as authorized
by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.</DELETED>
<DELETED>radiological emergency preparedness program</DELETED>
<DELETED> The aggregate charges assessed during fiscal year 2014, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2014, and remain
available until September 30, 2016.</DELETED>
<DELETED>united states fire administration</DELETED>
<DELETED> For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), $42,162,000
(increased by $1,838,000).</DELETED>
<DELETED>disaster relief fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $6,220,908,000, to remain available until expended, of which
$24,000,000 shall be transferred to the Department of Homeland Security
Office of Inspector General for audits and investigations related to
disasters: Provided, That the Administrator of the Federal Emergency
Management Agency shall submit an expenditure plan to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act: Provided further, That the Administrator shall
submit to such Committees a quarterly report detailing obligations
against the expenditure plan and a justification for any changes from
the initial plan: Provided further, That the Administrator shall
submit to such Committees the following reports, including a specific
description of the methodology and the source data used in developing
such reports:</DELETED>
<DELETED> (1) An estimate of the following amounts shall be
submitted for the budget year at the time that the President's
budget proposal for fiscal year 2015 is submitted pursuant to
section 1105(a) of title 31, United States Code:</DELETED>
<DELETED> (A) The unobligated balance of funds to be
carried over from the prior fiscal year to the budget
year.</DELETED>
<DELETED> (B) The unobligated balance of funds to be
carried over from the budget year to the budget year
plus 1.</DELETED>
<DELETED> (C) The amount of obligations for non-
catastrophic events for the budget year.</DELETED>
<DELETED> (D) The amount of obligations for the
budget year for catastrophic events delineated by event
and by State.</DELETED>
<DELETED> (E) The total amount that has been
previously obligated or will be required for
catastrophic events delineated by event and by State
for all prior years, the current year, the budget year,
the budget year plus 1, the budget year plus 2, and the
budget year plus 3 and beyond.</DELETED>
<DELETED> (F) The amount of previously obligated
funds that will be recovered for the budget
year.</DELETED>
<DELETED> (G) The amount that will be required for
obligations for emergencies, as described in section
102(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(1)), major
disasters, as described in section 102(2) of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2)), fire management assistance
grants, as described in section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5187), surge activities, and disaster
readiness and support activities.</DELETED>
<DELETED> (H) The amount required for activities not
covered under section 251(b)(2)(D)(iii) of the Balanced
Budget and Emergency Deficit Control Act of
1985.</DELETED>
<DELETED> (2) An estimate or actual amounts, if available,
of the following for the current fiscal year shall be submitted
not later than the fifth day of each month, and shall be
published by the Administrator on the Agency's website not
later than the eleventh day of each month:</DELETED>
<DELETED> (A) A summary of the amount of
appropriations made available by source, the transfers
executed, the previously allocated funds recovered, and
the commitments, allocations, and obligations
made.</DELETED>
<DELETED> (B) A table of disaster relief activity
delineated by month, including--</DELETED>
<DELETED> (i) the beginning and ending
balances;</DELETED>
<DELETED> (ii) the total obligations to
include amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;</DELETED>
<DELETED> (iii) the obligations for
catastrophic events delineated by event and by
State; and</DELETED>
<DELETED> (iv) the amount of previously
obligated funds that are recovered.</DELETED>
<DELETED> (C) A summary of allocations, obligations,
and expenditures for catastrophic events delineated by
event.</DELETED>
<DELETED> (D) In addition, for a disaster
declaration related to Hurricane Sandy, the cost of the
following categories of spending: public assistance,
individual assistance, mitigation, administrative,
operations, and any other relevant category (including
emergency measures and disaster resources).</DELETED>
<DELETED> (E) The date on which funds appropriated
will be exhausted:</DELETED>
<DELETED> </DELETED>
<DELETED> </DELETED>
<DELETED> Provided further, That the Administrator shall publish on
the Agency's website not later than 24 hours after an award of a public
assistance grant under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172) the specifics of
the grant award: Provided further, That for any mission assignment or
mission assignment task order to another Federal department or agency
regarding a major disaster, not later than 24 hours after the issuance
of the mission assignment or task order, the Administrator shall
publish on the Agency's website the following: the name of the impacted
State and the disaster declaration for such State, the assigned agency,
the assistance requested, a description of the disaster, the total cost
estimate, and the amount obligated: Provided further, That not later
than 10 days after the last day of each month until the mission
assignment or task order is completed and closed out, the Administrator
shall update any changes to the total cost estimate and the amount
obligated: Provided further, That of the amount provided under this
heading, $5,626,386,000 is for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That the amount in the
preceding proviso is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.</DELETED>
<DELETED>flood hazard mapping and risk analysis program</DELETED>
<DELETED> For necessary expenses, including administrative costs,
under section 1360 of the National Flood Insurance Act of 1968 (42
U.S.C. 4101) and under sections 100215, 100216, 100226, 100230, and
100246 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public
Law 112-141, 126 Stat. 917), $95,202,000, and such additional sums as
may be provided by State and local governments or other political
subdivisions for cost-shared mapping activities under section
1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain available
until expended.</DELETED>
<DELETED>national flood insurance fund</DELETED>
<DELETED> For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001 et seq.), and the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141, 126 Stat. 916), $176,300,000,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which not to exceed $22,000,000 shall be available for
salaries and expenses associated with flood mitigation and flood
insurance operations; and not less than $154,300,000 shall be available
for flood plain management and flood mapping, to remain available until
September 30, 2015: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)) shall be credited as an offsetting collection to
this account, to be available for flood plain management and flood
mapping: Provided further, That in fiscal year 2014, no funds shall be
available from the National Flood Insurance Fund under section 1310 of
that Act (42 U.S.C. 4017) in excess of:</DELETED>
<DELETED> (1) $132,000,000 for operating expenses;</DELETED>
<DELETED> (2) $1,152,000,000 for commissions and taxes of
agents;</DELETED>
<DELETED> (3) such sums as are necessary for interest on
Treasury borrowings; and</DELETED>
<DELETED> (4) $100,000,000, which shall remain available
until expended, for flood mitigation actions under section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section
1366 of the National Flood Insurance Act of 1968,
notwithstanding subsection (f)(8) of such section 102 (42
U.S.C. 4012a(f)(8)) and subsection 1366(e) and paragraphs (2)
and (3) of section 1367(b) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c(e), 4104d(b)(2)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation.</DELETED>
<DELETED>national predisaster mitigation fund</DELETED>
<DELETED> For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133), $22,500,000 (increased by $7,655,000) to remain
available until expended.</DELETED>
<DELETED>emergency food and shelter</DELETED>
<DELETED> To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $120,000,000, to remain available until
expended: Provided, That total administrative costs shall not exceed
3.5 percent of the total amount made available under this
heading.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES</DELETED>
<DELETED>United States Citizenship and Immigration Services</DELETED>
<DELETED> For necessary expenses for citizenship and immigration
services, $114,213,000 for the E-Verify Program, as described in
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist United
States employers with maintaining a legal workforce: Provided, That
notwithstanding any other provision of law, funds otherwise made
available to United States Citizenship and Immigration Services may be
used to acquire, operate, equip, and dispose of up to 5 vehicles, for
replacement only, for areas where the Administrator of General Services
does not provide vehicles for lease: Provided further, That the
Director of United States Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.</DELETED>
<DELETED>Federal Law Enforcement Training Center</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $227,845,000; of which $300,000 shall remain
available until expended to be distributed to Federal law enforcement
agencies for expenses incurred participating in training accreditation;
and of which not to exceed $9,180 shall be for official reception and
representation expenses: Provided, That the Center is authorized to
obligate funds in anticipation of reimbursements from agencies
receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended under this heading in division D of Public Law 113-6
is further amended by striking ``December 31, 2015'' and inserting
``December 31, 2016'': Provided further, That the Director of the
Federal Law Enforcement Training Center shall schedule basic or
advanced law enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement Training
Center to ensure that such training facilities are operated at the
highest capacity throughout the fiscal year: Provided further, That
the Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process
to continue the implementation of measuring and assessing the quality
and effectiveness of Federal law enforcement training programs,
facilities, and instructors.</DELETED>
<DELETED>acquisitions, construction, improvements, and related
expenses</DELETED>
<DELETED> For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $30,885,000, to remain available until September 30,
2018: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.</DELETED>
<DELETED>Science and Technology</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities as authorized by title III of
the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $129,000,000:
Provided, That not to exceed $7,650 shall be for official reception
and representation expenses: Provided further, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time that the
President's budget proposal for fiscal year 2015 is submitted pursuant
to section 1105(a) of title 31, United States Code, a report outlining
reforms to research and development programs, as specified in the
accompanying report.</DELETED>
<DELETED>research, development, acquisition, and operations</DELETED>
<DELETED> For necessary expenses for science and technology
research, including advanced research projects, development, test and
evaluation, acquisition, and operations as authorized by title III of
the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the
purchase or lease of not to exceed 5 vehicles, $1,096,488,000; of which
$548,703,000 shall remain available until September 30, 2016; and of
which $547,785,000 shall remain available until September 30, 2018,
solely for operation and construction of laboratory facilities:
Provided, That of the funds provided for the operation and construction
of laboratory facilities under this heading, $404,000,000 shall be for
construction of the National Bio- and Agro-defense Facility.</DELETED>
<DELETED>Domestic Nuclear Detection Office</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> For salaries and expenses of the Domestic Nuclear
Detection Office, as authorized by title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 591 et seq.), for management and administration
of programs and activities, $37,353,000: Provided, That not to exceed
$2,250 shall be for official reception and representation expenses:
Provided further, That not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a strategic plan of investments necessary to implement
the Department of Homeland Security's responsibilities under the
domestic component of the global nuclear detection architecture that
shall:</DELETED>
<DELETED> (1) define the role and responsibilities of each
Departmental component in support of the domestic detection
architecture, including any existing or planned programs to
pre-screen cargo or conveyances overseas;</DELETED>
<DELETED> (2) identify and describe the specific investments
being made by each Departmental component in fiscal year 2014
and planned for fiscal year 2015 to support the domestic
architecture and the security of sea, land, and air pathways
into the United States;</DELETED>
<DELETED> (3) describe the investments necessary to close
known vulnerabilities and gaps, including associated costs and
timeframes, and estimates of feasibility and cost
effectiveness; and</DELETED>
<DELETED> (4) explain how the Department's research and
development funding is furthering the implementation of the
domestic nuclear detection architecture, including specific
investments planned for each of fiscal years 2014 and
2015.</DELETED>
<DELETED>research, development, and operations</DELETED>
<DELETED> For necessary expenses for radiological and nuclear
research, development, testing, evaluation, and operations,
$211,210,000, to remain available until September 30, 2015.</DELETED>
<DELETED>systems acquisition</DELETED>
<DELETED> For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture, $42,600,000,
to remain available until September 30, 2016.</DELETED>
<DELETED>TITLE V</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.</DELETED>
<DELETED> Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts for
such activities established pursuant to this Act, may be merged with
funds in the applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as originally
enacted.</DELETED>
<DELETED> Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2014, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds that:</DELETED>
<DELETED> (1) creates a new program, project, or
activity;</DELETED>
<DELETED> (2) eliminates a program, project, office, or
activity;</DELETED>
<DELETED> (3) increases funds for any program, project, or
activity for which funds have been denied or restricted by the
Congress;</DELETED>
<DELETED> (4) proposes to use funds directed for a specific
activity by either of the Committees on Appropriations of the
Senate or the House of Representatives for a different purpose;
or</DELETED>
<DELETED> (5) contracts out any function or activity for
which funding levels were requested for Federal full-time
equivalents in the object classification tables contained in
the fiscal year 2014 Budget Appendix for the Department of
Homeland Security, as modified by the report accompanying this
Act, unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of
such reprogramming of funds.</DELETED>
<DELETED> (b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2014, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that:</DELETED>
<DELETED> (1) augments existing programs, projects, or
activities;</DELETED>
<DELETED> (2) reduces by 10 percent funding for any existing
program, project, or activity;</DELETED>
<DELETED> (3) reduces by 10 percent the numbers of personnel
approved by the Congress; or</DELETED>
<DELETED> (4) results from any general savings from a
reduction in personnel that would result in a change in
existing programs, projects, or activities as approved by the
Congress, unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.</DELETED>
<DELETED> (c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) and shall not be available for obligation unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
transfer.</DELETED>
<DELETED> (d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the protection of
property.</DELETED>
<DELETED> (e) The notification thresholds and procedures set forth
in this section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.</DELETED>
<DELETED> Sec. 504. (a) The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public Law 103-356
(31 U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2014: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2014 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further,
That the Working Capital Fund shall be subject to the requirements of
section 503 of this Act.</DELETED>
<DELETED> (b) The amounts appropriated in this Act are hereby
reduced by $250,000,000 to reflect cash balance and rate stabilization
adjustments in the Working Capital Fund.</DELETED>
<DELETED> Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2014 from appropriations for
salaries and expenses for fiscal year 2014 in this Act shall remain
available through September 30, 2015, in the account and for the
purposes for which the appropriations were provided: Provided, That
prior to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503 of this
Act.</DELETED>
<DELETED> Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414) during fiscal year 2014 until the enactment of an
Act authorizing intelligence activities for fiscal year 2014.</DELETED>
<DELETED> Sec. 507. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used to--
</DELETED>
<DELETED> (1) make or award a grant allocation, grant,
contract, other transaction agreement, or task or delivery
order on a Department of Homeland Security multiple award
contract, or to issue a letter of intent totaling in excess of
$1,000,000;</DELETED>
<DELETED> (2) award a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds or a task or
delivery order that would cause cumulative obligations of
multi-year funds in a single account to exceed 50 percent of
the total amount appropriated;</DELETED>
<DELETED> (3) make a sole-source grant award; or</DELETED>
<DELETED> (4) announce publicly the intention to make or
award items under paragraph (1), (2), or (3) including a
contract covered by the Federal Acquisition
Regulation.</DELETED>
<DELETED> (b) The Secretary of Homeland Security may waive the
prohibition under subsection (a) if the Secretary notifies the
Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of making an
award or issuing a letter as described in that subsection.</DELETED>
<DELETED> (c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.</DELETED>
<DELETED> (d) A notification under this section--</DELETED>
<DELETED> (1) may not involve funds that are not available
for obligation; and</DELETED>
<DELETED> (2) shall include the amount of the award; the
fiscal year for which the funds for the award were
appropriated; the type of contract; and the account and each
program, project, and activity from which the funds are being
drawn.</DELETED>
<DELETED> (e) The Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate and
the House of Representatives 5 full business days in advance of
announcing publicly the intention of making an award under ``State and
Local Programs''.</DELETED>
<DELETED> Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional facilities,
except within or contiguous to existing locations, to be used for the
purpose of conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations of the Senate and
the House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.</DELETED>
<DELETED> Sec. 509. None of the funds appropriated or otherwise
made available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for which a
prospectus otherwise required under chapter 33 of title 40, United
States Code, has not been approved, except that necessary funds may be
expended for each project for required expenses for the development of
a proposed prospectus.</DELETED>
<DELETED> Sec. 510. (a) Sections 520, 522, and 530 of the Department
of Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections applied
to funds made available in that Act.</DELETED>
<DELETED> (b) The third proviso of section 537 of the Department of
Homeland Security Appropriations Act, 2006 (6 U.S.C. 114), shall not
apply with respect to funds made available in this Act.</DELETED>
<DELETED> Sec. 511. None of the funds made available in this Act
may be used in contravention of the applicable provisions of the Buy
American Act. For purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States
Code.</DELETED>
<DELETED> Sec. 512. None of the funds made available in this Act
may be used by any person other than the Privacy Officer appointed
under subsection (a) of section 222 of the Homeland Security Act of
2002 (6 U.S.C. 142(a)) to alter, direct that changes be made to, delay,
or prohibit the transmission to Congress of any report prepared under
paragraph (6) of such subsection.</DELETED>
<DELETED> Sec. 513. None of the funds made available in this Act
may be used to amend the oath of allegiance required by section 337 of
the Immigration and Nationality Act (8 U.S.C. 1448).</DELETED>
<DELETED> Sec. 514. Within 45 days after the end of each month, the
Chief Financial Officer of the Department of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives a monthly budget and staffing report for that month
that includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract employees for
each office of the Department.</DELETED>
<DELETED> Sec. 515. Except as provided in section 44945 of title
49, United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'', and ``Transportation Security Support'' for fiscal
years 2004 and 2005 that are recovered or deobligated shall be
available only for the procurement or installation of explosives
detection systems, air cargo, baggage, and checkpoint screening
systems, subject to notification: Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the Senate
and the House of Representatives on any funds that are recovered or
deobligated.</DELETED>
<DELETED> Sec. 516. Any funds appropriated to Coast Guard
``Acquisition, Construction, and Improvements'' for fiscal years 2002,
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.</DELETED>
<DELETED> Sec. 517. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2013'' and inserting ``2014''.</DELETED>
<DELETED> Sec. 518. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory Reform
Act of 1998 (31 U.S.C. 501 note).</DELETED>
<DELETED> Sec. 519. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2014, to the Office of
Inspector General of the Department of Homeland Security listing all
grants and contracts awarded by any means other than full and open
competition during fiscal year 2014.</DELETED>
<DELETED> (b) The Inspector General shall review the report required
by subsection (a) to assess Departmental compliance with applicable
laws and regulations and report the results of that review to the
Committees on Appropriations of the Senate and the House of
Representatives not later than February 15, 2015.</DELETED>
<DELETED> Sec. 520. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official (or the successor thereto) for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) declared disasters or emergencies unless--</DELETED>
<DELETED> (1) the responsibilities of the Principal Federal
Official do not include operational functions related to
incident management, including coordination of operations, and
are consistent with the requirements of section 509(c) and
sections 503(c)(3) and 503(c)(4)(A) of the Homeland Security
Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A))
and section 302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143);</DELETED>
<DELETED> (2) not later than 10 business days after the
latter of the date on which the Secretary of Homeland Security
appoints the Principal Federal Official and the date on which
the President issues a declaration under section 401 or section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 and 5191, respectively), the
Secretary of Homeland Security shall submit a notification of
the appointment of the Principal Federal Official and a
description of the responsibilities of such Official and how
such responsibilities are consistent with paragraph (1) to the
Committees on Appropriations of the Senate and the House of
Representatives, the Transportation and Infrastructure
Committee of the House of Representatives, and the Homeland
Security and Governmental Affairs Committee of the Senate;
and</DELETED>
<DELETED> (3) not later than 60 days after the date of
enactment of this Act, the Secretary shall provide a report
specifying timeframes and milestones regarding the update of
operations, planning and policy documents, and training and
exercise protocols, to ensure consistency with paragraph (1) of
this section.</DELETED>
<DELETED> Sec. 521. None of the funds provided or otherwise made
available in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452).</DELETED>
<DELETED> Sec. 522. None of the funds made available in this Act
may be used by United States Citizenship and Immigration Services to
grant an immigration benefit unless the results of background checks
required by law to be completed prior to the granting of the benefit
have been received by United States Citizenship and Immigration
Services, and the results do not preclude the granting of the
benefit.</DELETED>
<DELETED> Sec. 523. Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``Until
September 30, 2013,'' and inserting ``Until September 30,
2014,'';</DELETED>
<DELETED> (2) in subsection (c)(1), by striking ``September
30, 2013,'' and inserting ``September 30, 2014,''.</DELETED>
<DELETED> Sec. 524. The Secretary of Homeland Security shall
require that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes
(which outcomes shall be specified in terms of cost, schedule, and
performance).</DELETED>
<DELETED> Sec. 525. None of the funds made available to the Office
of the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland Security that
are not verified through the E-Verify Program as described in section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).</DELETED>
<DELETED> Sec. 526. None of the funds made available in this Act
for U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug (within
the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic
Act) from importing a prescription drug from Canada that complies with
the Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
</DELETED>
<DELETED> (1) a controlled substance, as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802);
or</DELETED>
<DELETED> (2) a biological product, as defined in section
351 of the Public Health Service Act (42 U.S.C. 262).</DELETED>
<DELETED> Sec. 527. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify the
Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available under
section 9703(g)(4)(B) of title 31, United States Code (as added by
Section 638 of Public Law 102-393) from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security: Provided, That none of the funds identified for such a
transfer may be obligated until the Committees on Appropriations of the
Senate and the House of Representatives approve the proposed
transfers.</DELETED>
<DELETED> Sec. 528. None of the funds made available in this Act
may be used for planning, testing, piloting, or developing a national
identification card.</DELETED>
<DELETED> Sec. 529. If the Administrator of the Transportation
Security Administration determines that an airport does not need to
participate in the E-Verify Program as described in section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note), the Administrator shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result from such non-
participation.</DELETED>
<DELETED> Sec. 530. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after the date
on which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall publish on the Web site of the Federal Emergency Management
Agency a report regarding that decision that shall summarize damage
assessment information used to determine whether to declare a major
disaster.</DELETED>
<DELETED> (b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines would
compromise national security.</DELETED>
<DELETED> (c) In this section--</DELETED>
<DELETED> (1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency;
and</DELETED>
<DELETED> (2) the term ``major disaster'' has the meaning
given that term in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).</DELETED>
<DELETED> Sec. 531. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of the Senate
and the House of Representatives may not delegate such authority to
perform that act unless specifically authorized herein.</DELETED>
<DELETED> Sec. 532. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121
note), as amended by section 537 of the Department of Homeland Security
Appropriations Act, 2013 (Public Law 113-6), is further amended by
striking ``on October 4, 2013'' and inserting ``on October 4,
2014''.</DELETED>
<DELETED> Sec. 533. None of the funds appropriated or otherwise
made available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the United
States, its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who--</DELETED>
<DELETED> (1) is not a United States citizen or a member of
the Armed Forces of the United States; and</DELETED>
<DELETED> (2) is or was held on or after June 24, 2009, at
the United States Naval Station, Guantanamo Bay, Cuba, by the
Department of Defense.</DELETED>
<DELETED> Sec. 534. None of the funds made available in this Act
may be used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301-10.122 through 301.10-124
of title 41, Code of Federal Regulations.</DELETED>
<DELETED> Sec. 535. None of the funds made available in this or any
other Act for fiscal year 2014 and thereafter may be used to propose or
effect a disciplinary or adverse action, with respect to any Department
of Homeland Security employee who engages regularly with the public in
the performance of his or her official duties solely because that
employee elects to utilize protective equipment or measures, including
but not limited to surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in accord with
Department of Homeland Security policy and Centers for Disease Control
and Prevention and Office of Personnel Management guidance.</DELETED>
<DELETED> Sec. 536. None of the funds made available in this Act
may be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).</DELETED>
<DELETED> Sec. 537. (a) Any company that collects or retains
personal information directly from any individual who participates in
the Registered Traveler or successor program of the Transportation
Security Administration shall safeguard and dispose of such information
in accordance with the requirements in--</DELETED>
<DELETED> (1) the National Institute for Standards and
Technology Special Publication 800-30, entitled ``Risk
Management Guide for Information Technology
Systems'';</DELETED>
<DELETED> (2) the National Institute for Standards and
Technology Special Publication 800-53, Revision 3, entitled
``Recommended Security Controls for Federal Information Systems
and Organizations''; and</DELETED>
<DELETED> (3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the
``Administrator'').</DELETED>
<DELETED> (b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program shall be
known as the ``Sponsoring Entity''.</DELETED>
<DELETED> (c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the date of
enactment of this Act, to the Sponsoring Entity written certification
that the procedures used by the company to safeguard and dispose of
information are in compliance with the requirements under subsection
(a). Such certification shall include a description of the procedures
used by the company to comply with such requirements.</DELETED>
<DELETED> Sec. 538. Notwithstanding any other provision of this
Act, none of the funds appropriated or otherwise made available by this
Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance
or performance that does not meet the basic requirements of a
contract.</DELETED>
<DELETED> Sec. 539. (a) Not later than 180 days after the date of
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, a report that either--
</DELETED>
<DELETED> (1) certifies that the requirement for screening
all air cargo on passenger aircraft by the deadline under
section 44901(g) of title 49, United States Code, has been met;
or</DELETED>
<DELETED> (2) includes a strategy to comply with the
requirements under title 44901(g) of title 49, United States
Code, including--</DELETED>
<DELETED> (A) a plan to meet the requirement under
section 44901(g) of title 49, United States Code, to
screen 100 percent of air cargo transported on
passenger aircraft arriving in the United States in
foreign air transportation (as that term is defined in
section 40102 of that title); and</DELETED>
<DELETED> (B) specification of--</DELETED>
<DELETED> (i) the percentage of such air
cargo that is being screened; and</DELETED>
<DELETED> (ii) the schedule for achieving
screening of 100 percent of such air
cargo.</DELETED>
<DELETED> (b) The Administrator shall continue to submit reports
described in subsection (a)(2) every 180 days thereafter until the
Administrator certifies that the Transportation Security Administration
has achieved screening of 100 percent of such air cargo.</DELETED>
<DELETED> Sec. 540. In developing any process to screen aviation
passengers and crews for transportation or national security purposes,
the Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and
guidance.</DELETED>
<DELETED> Sec. 541. (a) Notwithstanding section 1356(n) of title 8,
United States Code, of the funds deposited into the Immigration
Examinations Fee Account, $10,000,000 may be allocated by United States
Citizenship and Immigration Services in fiscal year 2014 for the
purpose of providing an immigrant integration grants program.</DELETED>
<DELETED> (b) None of the funds made available to United States
Citizenship and Immigration Services for grants for immigrant
integration may be used to provide services to aliens who have not been
lawfully admitted for permanent residence.</DELETED>
<DELETED> Sec. 542. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.</DELETED>
<DELETED> Sec. 543. (a) For an additional amount for data center
migration, $34,200,000.</DELETED>
<DELETED> (b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.</DELETED>
<DELETED> (c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the Senate and
the House of Representatives are notified of such transfer.</DELETED>
<DELETED> Sec. 544. Notwithstanding any other provision of law, if
the Secretary of Homeland Security determines that specific U.S.
Immigration and Customs Enforcement Service Processing Centers or other
U.S. Immigration and Customs Enforcement owned detention facilities no
longer meet the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities by directing the
Administrator of General Services to sell all real and related personal
property which support Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities, subject
to such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the proceeds,
net of the costs of sale incurred by the General Services
Administration and U.S. Immigration and Customs Enforcement, shall be
deposited as offsetting collections into a separate account that shall
be available, subject to appropriation, until expended for other real
property capital asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and maintenance costs,
as the Secretary deems appropriate: Provided further, That any sale or
collocation of federally owned detention facilities shall not result in
the maintenance of fewer than 34,000 detention beds: Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the announcement of
any proposed sale or collocation.</DELETED>
<DELETED> Sec. 545. None of the funds made available under this Act
or any prior appropriations Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.</DELETED>
<DELETED> Sec. 546. The Commissioner of U.S. Customs and Border
Protection and the Assistant Secretary of Homeland Security for U.S.
Immigration and Customs Enforcement shall, with respect to fiscal years
2014, 2015, 2016, and 2017, submit to the Committees on Appropriations
of the Senate and the House of Representatives, at the time that the
President's budget proposal for fiscal year 2015 is submitted pursuant
to the requirements of section 1105(a) of title 31, United States Code,
the information required in the multi-year investment and management
plans required, respectively, under the headings U.S. Customs and
Border Protection, ``Salaries and Expenses'' under title II of division
D of the Consolidated Appropriations Act, 2012 (Public Law 112-74), and
U.S. Customs and Border Protection, ``Border Security Fencing,
Infrastructure, and Technology'' under such title, and section 568 of
such Act.</DELETED>
<DELETED> Sec. 547. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).</DELETED>
<DELETED> Sec. 548. The Secretary of Homeland Security shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate, at the time that the President's budget proposal for fiscal
year 2015 is submitted pursuant to section 1105(a) of title 31, United
States Code, a report detailing the fiscal policy that prescribes Coast
Guard budgetary policies, procedures, and technical direction necessary
to comply with subsection (a) of section 557 of division D of Public
Law 113-6 (as required to be developed under subsection (b) of such
section).</DELETED>
<DELETED> Sec. 549. (a) Of the amounts made available by this Act
for National Protection and Programs Directorate, ``Infrastructure
Protection and Information Security'', $199,725,000 for the ``Federal
Network Security'' program, project, and activity shall be used to
deploy on Federal systems technology to improve the information
security of agency information systems covered by section 3543(a) of
title 44, United States Code: Provided, That funds made available
under this section shall be used to assist and support Government-wide
and agency-specific efforts to provide adequate, risk-based, and cost-
effective cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition and
operation of a continuous monitoring and diagnostics program, in
collaboration with departments and agencies, that includes equipment,
software, and Department of Homeland Security supplied services:
Provided further, That not later than April 1, 2014, and quarterly
thereafter, the Under Secretary of Homeland Security of the National
Protection and Programs Directorate shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report on
the obligation and expenditure of funds made available under this
section: Provided further, That continuous monitoring and diagnostics
software procured by the funds made available by this section shall not
transmit to the Department of Homeland Security any personally
identifiable information or content of network communications of other
agencies' users: Provided further, That such software shall be
installed, maintained, and operated in accordance with all applicable
privacy laws and agency-specific policies regarding network
content.</DELETED>
<DELETED> (b) Funds made available under this section may not be
used to supplant funds provided for any such system within an agency
budget.</DELETED>
<DELETED> (c) Not later than July 1, 2014, the heads of all Federal
agencies shall submit to the Committees on Appropriations of the Senate
and House of Representatives expenditure plans for necessary
cybersecurity improvements to address known vulnerabilities to
information systems described in subsection (a).</DELETED>
<DELETED> (d) Not later than October 1, 2014, and quarterly
thereafter, the head of each Federal agency shall submit to the
Director of the Office of Management and Budget a report on the
execution of the expenditure plan for that agency required by
subsection (c): Provided, That the Director of the Office of
Management and Budget shall summarize such execution reports and
annually submit such summaries to Congress in conjunction with the
annual progress report on implementation of the E-Government Act of
2002 (Public Law 107-347), as required by section 3606 of title 44,
United States Code.</DELETED>
<DELETED> (e) This section shall not apply to the legislative and
judicial branches of the Federal Government and shall apply to all
Federal agencies within the executive branch except for the Department
of Defense, the Central Intelligence Agency, and the Office of the
Director of National Intelligence.</DELETED>
<DELETED> Sec. 550. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography.</DELETED>
<DELETED> (b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.</DELETED>
<DELETED> Sec. 551. None of the funds made available in this Act
may be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is an agent
of a drug cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.</DELETED>
<DELETED> Sec. 552. Fifty percent of each of the appropriations
provided in this Act for the ``Office of the Secretary and Executive
Management'', the ``Office of the Under Secretary for Management'', and
the ``Office of the Chief Financial Officer'' shall be withheld from
obligation until the reports and plans required in this Act to be
submitted on or before March 14, 2014, are received by the Committees
on Appropriations of the Senate and the House of
Representatives.</DELETED>
<DELETED> Sec. 553. None of the funds provided in this or any other
Act may be obligated to implement the National Preparedness Grant
Program or any other successor grant programs unless explicitly
authorized by Congress.</DELETED>
<DELETED> Sec. 554. None of the funds made available in this Act
may be used to provide funding for the position of Public Advocate, or
a successor position, within U.S. Immigration and Customs
Enforcement.</DELETED>
<DELETED> Sec. 555. None of the funds made available in this Act
may be used to pay for the travel to or attendance of more than 50
employees of a single component of the Department of Homeland Security,
who are stationed in the United States, at a single international
conference unless the Secretary of Homeland Security determines that
such attendance is in the national interest and notifies the Committees
on Appropriations of the Senate and the House of Representatives within
at least 10 days of that determination and the basis for that
determination: Provided, That for purposes of this section the term
``international conference'' shall mean a conference occurring outside
of the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.</DELETED>
<DELETED> Sec. 556. None of the funds made available by this Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to any corporation that was convicted (or had an officer or
agent of such corporation acting on behalf of the corporation
convicted) of a felony criminal violation under any Federal or State
law within the preceding 24 months, where the awarding agency is aware
of the conviction, unless the agency has considered suspension or
debarment of the corporation, or such officer or agent, and made a
determination that this further action is not necessary to protect the
interests of the Government.</DELETED>
<DELETED> Sec. 557. None of the funds made available in this Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation for which any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless the agency
has considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.</DELETED>
<DELETED> Sec. 558. (a) The Secretary of Homeland Security shall
submit quarterly reports to the Inspector General of the Department of
Homeland Security regarding the costs and contracting procedures
related to each conference or ceremony (including commissionings and
changes of command) held by any departmental component or office in
fiscal year 2014 for which the cost to the United States Government was
more than $20,000.</DELETED>
<DELETED> (b) Each report submitted shall include, for each
conference or ceremony in subsection (a) held during the applicable
quarter--</DELETED>
<DELETED> (1) a description of its purpose;</DELETED>
<DELETED> (2) the number of participants
attending;</DELETED>
<DELETED> (3) a detailed statement of the costs to the
United States Government, including--</DELETED>
<DELETED> (A) the cost of any food or
beverages;</DELETED>
<DELETED> (B) the cost of any audio-visual
services;</DELETED>
<DELETED> (C) the cost of travel to and from the
conference or ceremony; and</DELETED>
<DELETED> (D) a discussion of the methodology used
to determine which costs relate to the conference or
ceremony; and</DELETED>
<DELETED> (4) a description of the contracting procedures
used including--</DELETED>
<DELETED> (A) whether contracts were awarded on a
competitive basis; and</DELETED>
<DELETED> (B) a discussion of any cost comparison
conducted by the departmental component or office in
evaluating potential contractors for the conference or
ceremony.</DELETED>
<DELETED> (c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the costs of a
conference or ceremony described in subsection (a) that is not directly
and programmatically related to the purpose for which the grant or
contract was awarded, such as a conference or ceremony held in
connection with planning, training, assessment, review, or other
routine purposes related to a project funded by the grant or
contract.</DELETED>
<DELETED> (d) None of the funds made available in the Act may be
used for travel and conference activities that are not in compliance
with Office of Management and Budget Memorandum M-12-12 dated May 11,
2012.</DELETED>
<DELETED> Sec. 559. None of the funds made available in this Act
may be used for pre-clearance operations in new locations unless the
required conditions relative to these operations and contained in the
accompanying report are met.</DELETED>
<DELETED> Sec. 560. In making grants under the heading
``Firefighter Assistance Grants'', the Secretary shall grant waivers
from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229a).</DELETED>
<DELETED> Sec. 561. None of the funds made available in this Act
may be used to establish, collect, or otherwise impose a border
crossing fee for pedestrians or passenger vehicles at land ports of
entry along the Southern border or the Northern border, or to conduct
any study relating to the imposition of such a fee.</DELETED>
<DELETED> Sec. 562. None of the funds made available by this Act
may be used to eliminate or reduce funding for a program, project or
activity as proposed in the President's budget request for a fiscal
year until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to the
reprogramming or transfer provisions of this Act.</DELETED>
<DELETED> Sec. 563. None of the funds appropriated by this Act for
U.S. Immigration and Customs Enforcement shall be available to pay for
an abortion, except where the life of the mother would be endangered if
the fetus were carried to term, or in the case of rape or incest:
Provided, That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null and
void.</DELETED>
<DELETED> Sec. 564. None of the funds appropriated by this Act for
U.S. Immigration and Customs Enforcement shall be used to require any
person to perform, or facilitate in any way the performance of, any
abortion.</DELETED>
<DELETED> Sec. 565. Nothing in the preceding section shall remove
the obligation of the Assistant Secretary of Homeland Security for U.S.
Immigration and Customs Enforcement to provide escort services
necessary for a female detainee to receive such service outside the
detention facility: Provided, That nothing in this section in any way
diminishes the effect of section 564 intended to address the
philosophical beliefs of individual employees of U.S. Immigration and
Customs Enforcement.</DELETED>
<DELETED> Sec. 566. (a) The Secretary of Homeland Security shall
submit to Congress, at the time that the President's budget proposal
for fiscal year 2015 is submitted pursuant to section 1105(a) of title
31, United States Code, a comprehensive report on purchase and usage of
ammunition by the Department of Homeland Security, that includes--
</DELETED>
<DELETED> (1) mission requirements pertaining to ammunition,
including certification, qualification, training, and inventory
requirements for each relevant Department component or agency
and a comparison of such requirements to the requirements of
Federal law enforcement agencies of the Department of Justice
and the military components of the Department of Defense;
and</DELETED>
<DELETED> (2) details on all contracting practices applied
by the Department of Homeland Security to procure ammunition,
including comparative details regarding other contracting
options with respect to cost and availability.</DELETED>
<DELETED> (b) Beginning on April 15, 2014, and quarterly thereafter,
the Secretary of Homeland Security shall submit a report to Congress
that includes--</DELETED>
<DELETED> (1) the quantity of ammunition in inventory in the
Department of Homeland Security at the end of the preceding
calendar quarter, subdivided by ammunition type, and how such
quantity aligns to mission requirements of each relevant
Department of Homeland Security component or agency;</DELETED>
<DELETED> (2) the quantity of ammunition used by the
Department of Homeland Security during the preceding calendar
quarter, subdivided by ammunition type, the purpose of such
usage, the average number of rounds used per agent or officer
subdivided by ammunition type, and how such usage aligns to
mission requirements, including certification, qualification,
and training requirements, for each relevant Department of
Homeland Security component or agency; and</DELETED>
<DELETED> (3) the quantity of ammunition purchased by the
Department of Homeland Security during the preceding calendar
quarter, subdivided by ammunition type, and the associated
contract details of such purchase, for each relevant Department
of Homeland Security component or agency.</DELETED>
<DELETED>(rescissions)</DELETED>
<DELETED> Sec. 567. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177), as amended:</DELETED>
<DELETED> (1) $14,500,000 from Public Law 111-83 under the
heading Coast Guard ``Acquisition, Construction, and
Improvements'';</DELETED>
<DELETED> (2) $21,612,000 from Public Law 112-10 under the
heading Coast Guard ``Acquisition, Construction, and
Improvements'';</DELETED>
<DELETED> (3) $41,000,000 from Public Law 112-74 under the
heading Coast Guard ``Acquisition, Construction, and
Improvements''; and</DELETED>
<DELETED> (4) $32,479,000 from Public Law 113-6 under the
heading Coast Guard ``Acquisition, Construction, and
Improvements''.</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> Sec. 568. From the unobligated balances made available in
the Department of the Treasury Forfeiture Fund established by section
9703 of title 31, United States Code, (added by section 638 of Public
Law 102-393) $100,000,000 shall be permanently rescinded.</DELETED>
<DELETED>spending reduction account</DELETED>
<DELETED> Sec. 569. The amount by which the applicable allocation
of new budget authority made by the Committee on Appropriations of the
House of Representatives under section 302(b) of the Congressional
Budget Act of 1974 exceeds the amount of proposed new budget authority
is $0.</DELETED>
<DELETED> Sec. 570. None of the funds made available by this Act
may be used to implement, administer, or enforce section 1301(a) of
title 31, United States Code, with respect to the use of amounts made
available by this Act for the ``Salaries and Expenses'' and ``Air and
Marine Operations'' accounts of U.S. Customs and Border Protection for
the expenses authorized to be paid in section 9 of the Jones Act (48
U.S.C. 795) and for the collection of duties and taxes authorized to be
levied, collected, and paid in Puerto Rico, as authorized in section 4
of the Foraker Act (48 U.S.C. 740), in addition to the more specific
amounts available for such purposes in the Puerto Rico Trust Fund
pursuant to such provisions of law.</DELETED>
<DELETED> Sec. 571. None of the funds made available by this Act
may be used to implement any change in the list of sharp objects
prohibited under section 1540.111 of title 49, Code of Federal
Regulations, from being carried by passengers as accessible property or
on their person through passenger screening checkpoints or into airport
sterile areas and the cabins of a passenger aircraft, as published in
the Federal Register on August 31, 2005 (70 Fed. Reg. 51679).</DELETED>
<DELETED> Sec. 572. None of the funds made available by this Act
may be used to enter into a contract with an offeror for the purchase
of an American flag if, as required by the Federal Acquisition
Regulation, the flag is certified as a foreign end product.</DELETED>
<DELETED> Sec. 573. None of the funds made available by this Act
may be used to enter into a contract with any offeror or any of its
principals if the offeror certifies, as required by Federal Acquisition
Regulation, that the offeror or any of its principals--</DELETED>
<DELETED> (1) within a 3-year period preceding this offer
has been convicted of or had a civil judgment rendered against
it for: (A) commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) contract or subcontract;
violation of Federal or State antitrust statutes relating to
the submission of offers; or (B) commission of embezzlement,
theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, violating
Federal criminal tax laws, or receiving stolen
property;</DELETED>
<DELETED> (2) are presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated above in paragraph
(1); or</DELETED>
<DELETED> (3) within a 3-year period preceding this offer,
has been notified of any delinquent Federal taxes in an amount
that exceeds $3,000 for which the liability remains
unsatisfied.</DELETED>
<DELETED> Sec. 574. None of the funds made available by this Act
may be used in contravention of the First, Second, or Fourth Amendments
to the Constitution of the United States.</DELETED>
<DELETED> Sec. 575. None of the funds made available by this Act
may be used for the purchase, operation, or maintenance of armed
unmanned aerial vehicles.</DELETED>
<DELETED> Sec. 576. None of the funds made available by this Act
may be used in contravention of section 236(c) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)).</DELETED>
<DELETED> Sec. 577. None of the funds made available by this Act
may be used in contravention of section 642(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1373(a)).</DELETED>
<DELETED> Sec. 578. None of the funds made available in this Act
may be used in contravention of section 44917 of title 49, United
States Code.</DELETED>
<DELETED> Sec. 579. None of the funds made available by this Act
may be used in contravention of section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)).</DELETED>
<DELETED> Sec. 580. None of the funds made available in this Act
may be used to implement, carry out, administer, or enforce section
1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(h)).</DELETED>
<DELETED> Sec. 581. None of funds made available by this Act may be
used for entering into a new contract for the purposes of purchasing
ammunition before the date the report required by section 566(a) is
submitted to Congress.</DELETED>
<DELETED> Sec. 582. None of the funds made available in this Act
may be used to enforce section 526 of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142).</DELETED>
<DELETED> Sec. 583. None of the funds made available in this Act
may be used for U.S. Customs and Border Protection preclearance
operations at Abu Dhabi International Airport in the United Arab
Emirates. The limitation described in this section shall not apply in
the case of the administration of a tax or tariff.</DELETED>
<DELETED> Sec. 584. None of the funds made available by this Act
may be used by the Department of Homeland Security to lease or purchase
new light duty vehicles for any executive fleet, or for an agency's
fleet inventory, except in accordance with Presidential Memorandum--
Federal Fleet Performance, dated May 24, 2011.</DELETED>
<DELETED> Sec. 585. None of the funds made available in this Act
may be used in contravention of any of the following:</DELETED>
<DELETED> (1) The Fifth and Fourteenth Amendments to the
Constitution of the United States.</DELETED>
<DELETED> (2) Title VI of the Civil Rights Act of 1964
(relating to nondiscrimination in federally assisted
programs).</DELETED>
<DELETED> (3) Section 809(c)(1) of the Omnibus Crime Control
and Safe Streets Act of 1968 (relating to prohibition of
discrimination).</DELETED>
<DELETED> (4) Section 210401(a) of the Violent Crime and Law
Enforcement Act of 1994 (relating to unlawful police pattern or
practice).</DELETED>
<DELETED> Sec. 586. None of the funds made available under the
heading ``Departmental Management and Operations--Departmental
Operations--Office of the Secretary and Executive Management'' may be
used for official reception and representational expenses until the
Secretary of Homeland Security complies with section 7208 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C.
1365b).</DELETED>
<DELETED> Sec. 587. For ``Department of Homeland Security--Federal
Emergency Management Agency--State and Local Programs'' for the State
Homeland Security Grant Program under section 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 605), as authorized by subsection (f)(2)
of such section, there is hereby appropriated, and the amount otherwise
provided by this Act for ``Department of Homeland Security--Office of
the Chief Financial Officer'' is hereby reduced by,
$10,000,000.</DELETED>
<DELETED> Sec. 588. (a) None of the funds made available in this Act
may be used to finalize, implement, administer, or enforce the
documents described in subsection (b).</DELETED>
<DELETED> (b) For purposes of this section, the documents described
in this subsection are the following:</DELETED>
<DELETED> (1) Policy Number 10072.1, published on March 2,
2011.</DELETED>
<DELETED> (2) Policy Number 10075.1, published on June 17,
2011.</DELETED>
<DELETED> (3) Policy Number 10076.1, published on June 17,
2011.</DELETED>
<DELETED> (4) The Memorandum of November 17, 2011, from the
Principal Legal Advisor of United States Immigration and
Customs Enforcement pertaining to ``Case-by-Case Review of
Incoming and Certain Pending Cases''.</DELETED>
<DELETED> (5) The Memorandum of June 15, 2012, from the
Secretary of Homeland Security pertaining to ``Exercising
Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children''.</DELETED>
<DELETED> (6) The Memorandum of December 21, 2012, from the
Director of United States Immigration and Customs Enforcement
pertaining to ``Civil Immigration Enforcement: Guidance on the
Use of Detainers in the Federal, State, Local, and Tribal
Criminal Justice Systems''.</DELETED>
<DELETED> This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2014''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2014, and for other
purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $123,600,000: Provided, That
not to exceed $45,000 shall be for official reception and
representation expenses: Provided further, That all official costs
associated with the use of government aircraft by Department of
Homeland Security personnel to support official travel of the Secretary
and the Deputy Secretary shall be paid from amounts made available for
the Immediate Office of the Secretary and the Immediate Office of the
Deputy Secretary: Provided further, That the Secretary shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, expenditure plans for the Office of Policy, the Office for
Intergovernmental Affairs, the Office for Civil Rights and Civil
Liberties, the Citizenship and Immigration Services Ombudsman, and the
Privacy Officer.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $198,200,000, of which
not to exceed $2,250 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $4,500,000 shall remain available until September 30, 2018,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $8,000,000
shall remain available until September 30, 2016, for the Human
Resources Information Technology program: Provided further, That the
Under Secretary for Management shall, pursuant to the requirements
contained in House Report 112-331, submit to the Committees on
Appropriations of the Senate and the House of Representatives at the
time the President's budget is submitted each year under section
1105(a) of title 31, United States Code, a Comprehensive Acquisition
Status Report, which shall include the information required under the
heading ``Office of the Under Secretary for Management'' under title I
of division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74), and quarterly updates to such report not later than 45 days
after the completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $48,000,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$263,000,000; of which $115,000,000 shall be available for salaries and
expenses; and of which $148,000,000, to remain available until
September 30, 2016, shall be available for development and acquisition
of information technology equipment, software, services, and related
activities for the Department of Homeland Security: Provided, That the
Department of Homeland Security Chief Information Officer shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
each year under section 1105(a) of title 31, United States Code, a
multi-year investment and management plan, to include each of fiscal
years 2014 through 2017, for all information technology acquisition
projects funded under this heading or funded by multiple components of
the Department of Homeland Security through reimbursable agreements,
that includes--
(1) the proposed appropriations included for each project
and activity tied to mission requirements, program management
capabilities, performance levels, and specific capabilities and
services to be delivered;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and
new capabilities that are proposed in such budget or underway;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) a current acquisition program baseline for each
project, that--
(A) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline;
(B) aligns the acquisition programs covered by the
baseline to mission requirements by defining existing
capabilities, identifying known capability gaps between
such existing capabilities and stated mission
requirements, and explaining how each increment will
address such known capability gaps; and
(C) defines lifecycle costs for such programs.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $303,708,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; and of which $108,519,000 shall remain available until
September 30, 2015.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $117,371,000, of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $7,976,142,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $34,425 shall be for official reception and
representation expenses; of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2014, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be available to
compensate any employee of U.S. Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Secretary of
Homeland Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs, or in cases
of immigration emergencies: Provided further, That the Border Patrol
shall maintain an active duty presence of not less than 21,370 full-
time equivalent agents protecting the borders of the United States in
the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $800,318,000; of which $340,936,000 shall remain available
until September 30, 2016; and of which not less than $140,762,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $351,454,000, to remain available until September 30, 2016:
Provided, That none of the funds appropriated under this heading shall
be used for concurrent deployment of technology associated with
integrated fixed towers until the Commissioner certifies that
operational testing has been completed on the first deployment.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
salaries and expenses and operational training and mission-related
travel, the operations of which include the following: the interdiction
of narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; and, at the discretion
of the Secretary of Homeland Security, the provision of assistance to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; $755,819,000; of which $283,318,000
shall be available for salaries and expenses; and of which $472,501,000
shall remain available until September 30, 2016: Provided, That no
aircraft or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that have been
damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2014 without prior notice to the Committees
on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary of Homeland Security shall report
to the Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of enactment of
this Act, on any changes to the 5-year strategic plan for the air and
marine program required under this heading in Public Law 112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, including land ports of entry where the Administrator of
General Services has delegated to the Secretary of Homeland Security
the authority to operate, maintain, repair, and alter such facilities,
and to pay rent to the General Services Administration for use of Land
Ports of Entry, $471,278,000, to remain available until September 30,
2018: Provided, That the Commissioner of U.S. Customs and Border
Protection shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the
President's budget proposal is submitted pursuant to the requirements
of section 1105(a) of title 31, United States Code, an inventory of the
real property of U.S. Customs and Border Protection and a plan for each
activity and project proposed for funding under this heading that
includes the full cost by fiscal year of each activity and project
proposed and underway in fiscal year 2015.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including
intellectual property rights and overseas vetted units operations; and
purchase and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; $5,013,945,000; of which not to exceed $10,000,000 shall
be available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081);
of which not to exceed $11,475 shall be for official reception and
representation expenses; of which not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of which not
less than $305,000 shall be for promotion of public awareness of the
Cyber Tipline and related activities to counter child exploitation; of
which not less than $5,400,000 shall be used to facilitate agreements
consistent with section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided, $15,770,000 shall
be for activities to enforce laws against forced child labor, of which
not to exceed $6,000,000 shall remain available until expended:
Provided further, That of the total amount available, not less than
$1,600,000,000 shall be available to identify aliens convicted of a
crime who may be deportable, and to remove them from the United States
once they are judged deportable: Provided further, That the Secretary
of Homeland Security shall prioritize the identification and removal of
aliens convicted of a crime by the severity of that crime: Provided
further, That funding made available under this heading shall maintain
a level of not less than 31,800 detention beds through September 30,
2014: Provided further, That of the total amount provided, not less
than $2,650,302,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens, of which $46,981,000
shall remain available until September 30, 2015: Provided further,
That of the total amount provided, $10,300,000 shall remain available
until September 30, 2015, for the Visa Security Program: Provided
further, That not less than $10,000,000 shall be available for
investigation of intellectual property rights violations, including
operation of the National Intellectual Property Rights Coordination
Center: Provided further, That none of the funds provided under this
heading may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been violated: Provided
further, That none of the funds provided under this heading may be used
to continue any contract for the provision of detention services if the
two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system: Provided
further, That nothing under this heading shall prevent U.S. Immigration
and Customs Enforcement from exercising those authorities provided
under immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime: Provided
further, That without regard to the limitation as to time and condition
of section 503(d) of this Act, the Secretary may propose to reprogram
and transfer funds within and into this appropriation necessary to
ensure the detention of aliens prioritized for removal.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $34,900,000, to remain available until September 30, 2016.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$5,000,000, to remain available until September 30, 2017.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,939,393,000, to remain
available until September 30, 2015, of which not to exceed $7,650 shall
be for official reception and representation expenses: Provided, That
of the total amount made available under this heading, not to exceed
$3,850,557,000 shall be for screening operations, of which $382,354,000
shall be available for explosives detection systems; $105,309,000 shall
be for checkpoint support; and not to exceed $1,088,836,000 shall be
for aviation security direction and enforcement: Provided further,
That of the amount made available in the preceding proviso for
explosives detection systems, $83,845,000 shall be available for the
purchase and installation of these systems: Provided further, That any
award to deploy explosives detection systems shall be based on risk,
the airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness: Provided further,
That security service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2014 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,819,393,000: Provided
further, That notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2014, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title: Provided further, That not later than 90 days after the
date of enactment of this Act, the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective
security of passengers and baggage at the lowest possible
operating and acquisition costs, including projected funding
levels for each fiscal year for the next 5 years or until
project completion, whichever is earlier;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener workforce
in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and how those
savings are being used to offset security costs or reinvested
to address security vulnerabilities:
Provided further, That not later than December 31, 2013, the
Administrator shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, a report that:
(1) certifies that one in four air passengers that require
security screening by the Transportation Security
Administration is eligible for expedited screening without
lowering security standards; and
(2) outlines a strategy to increase the number of air
passengers eligible for expedited screening to 50 percent by
the end of calendar year 2014, including--
(A) specific benchmarks and performance measures to
increase participation in Pre-Check by air carriers,
airports, and passengers;
(B) options to facilitate direct application for
enrollment in Pre-Check through Transportation Security
Administration's Web site, airports, and other
enrollment locations;
(C) use of third-parties to pre-screen passengers
for expedited screening; and
(D) inclusion of populations already vetted by the
Transportation Security Administration and other
trusted populations as eligible for expedited
screening:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Surface Transportation Security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$108,618,000, to remain available until September 30, 2015.
Transportation Threat Assessment and Credentialing
For necessary expenses for the development and implementation of
vetting and credentialing activities, $180,206,000, to remain available
until September 30, 2015.
Transportation Security Support
For necessary expenses of the Transportation Security
Administration related to transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $978,561,000,
to remain available until September 30, 2015: Provided, That of the
funds appropriated under this heading, $20,000,000 may not be obligated
for headquarters administration until the Administrator of the
Transportation Security Administration submits to the Committees on
Appropriations of the Senate and the House of Representatives detailed
expenditure plans for air cargo security, checkpoint support, and
explosives detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year 2014:
Provided further, That these plans shall be submitted not later than 60
days after the date of enactment of this Act.
Federal Air Marshals
For necessary expenses of the Federal Air Marshal Service,
$821,107,000: Provided, That the Director of the Federal Air Marshal
Service shall submit to the Committees on Appropriations of the Senate
and the House of Representatives not later than 45 days after the date
of enactment of this Act a detailed, classified expenditure and
staffing plan for ensuring optimal coverage of high risk flights.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding $1,000,000
in total cost on any location; payments pursuant to section 156 of
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,026,346,000; of which $567,000,000 shall be for
defense-related activities, of which $227,000,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $15,300 shall be for
official reception and representation expenses: Provided, That none of
the funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation: Provided further, That of the funds
provided under this heading, $75,000,000 shall be withheld from
obligation for Coast Guard Headquarters Directorates until a future-
years capital investment plan for fiscal years 2015 through 2019, as
specified under the heading Coast Guard ``Acquisition, Construction,
and Improvements'' of this Act is submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That funds made available under this heading for
Overseas Contingency Operations/Global War on Terrorism may be
allocated by program, project, and activity, notwithstanding section
503 of this Act: Provided further, That without regard to the
limitation as to time and condition of section 503(d) of this Act,
after June 30, an additional $10,000,000 may be reprogrammed to or from
Military Pay and Allowances in accordance with subsections (a), (b),
and (c), of section 503.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,165,000 to remain available until September
30, 2018.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $122,491,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment; as
authorized by law; $1,229,684,000; of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts, to remain
available until September 30, 2018, (except as subsequently specified),
shall be available as follows: $18,000,000 for military family housing,
of which not more than $349,996 shall be derived from the Coast Guard
Housing Fund established pursuant to 14 U.S.C. 687; $1,004,000,000
shall be available to acquire, effect major repairs to, renovate, or
improve vessels, small boats, and related equipment; $28,000,000 to
acquire, effect major repairs to, renovate, or improve aircraft or
increase aviation capability; $59,930,000 for other acquisition
programs; of which $5,000,000 for shore facilities and aids to
navigation, including facilities at Department of Defense installations
used by the Coast Guard; and $114,754,000 to remain available until
September 30, 2014, for personnel compensation and benefits and related
costs: Provided, That the funds provided by this Act shall be
immediately available and allotted to contract for the production of
the seventh National Security Cutter notwithstanding the availability
of funds for post-production costs: Provided further, That the funds
provided by this Act shall be immediately available and allotted to
contract for long lead time materials, components, and designs for the
eighth National Security Cutter notwithstanding the availability of
funds for production costs or post-production costs: Provided further,
That the Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of Representatives, at
the time that the President's budget is submitted each year under
section 1105(a) of title 31, United States Code, a future-years capital
investment plan for the Coast Guard that identifies for each requested
capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each
asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed
funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition
activities, production, structural modifications,
missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal
year; and
(ii) major acquisition and project events,
including development of operational
requirements, contracting actions, design
reviews, production, delivery, test and
evaluation, and transition to operations,
including necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline and the most recent baseline approved by the
Department of Homeland Security's Acquisition Review
Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of
comparable legacy assets, identifying known capability
gaps between such existing capabilities and stated
mission requirements, and explaining how the
acquisition of each asset will address such known
capability gaps;
(E) defines lifecycle costs for each asset and the
date of the estimate on which such costs are based,
including all associated costs of major acquisitions
systems infrastructure and transition to operations,
delineated by purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and
(G) includes a phase-out and decommissioning
schedule delineated by fiscal year for each existing
legacy asset that each asset is intended to replace or
recapitalize:
Provided further, That the Commandant of the Coast Guard shall ensure
that amounts specified in the future-years capital investment plan are
consistent, to the maximum extent practicable, with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget as submitted
under section 1105(a) of title 31, United States Code, for that fiscal
year: Provided further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be identified and
justified: Provided further, That subsections (a) and (b) of section
6402 of Public Law 110-28 shall apply with respect to the amounts made
available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$19,781,000 to remain available until September 30, 2016, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,460,000,000 to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of Columbia,
and fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may be
necessary to perform protective functions; payment of per diem or
subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,529,902,000; of which not
to exceed $19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children and shall
remain available until September 30, 2015; and of which $6,000,000
shall be for activities related to training in electronic crimes
investigations and forensics: Provided, That $18,000,000 for
protective travel shall remain available until September 30, 2015:
Provided further, That $4,500,000 for National Special Security Events
shall remain available until September 30, 2015: Provided further,
That the United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from Federal agencies and entities,
as defined in section 105 of title 5, United States Code, for personnel
receiving training sponsored by the James J. Rowley Training Center,
except that total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under this heading at the
end of the fiscal year: Provided further, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes: Provided further, That none of the funds made available to
the United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of the
head of a Federal agency other than the Secretary of Homeland Security:
Provided further, That the Director of the United States Secret
Service may enter into an agreement to provide such protection on a
fully reimbursable basis: Provided further, That none of the funds
made available to the United States Secret Service by this Act or by
previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation:
Provided further, That for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less, may be transferred
between ``Protection of persons and facilities'' and ``Domestic field
operations''.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $51,775,000; of which $5,380,000, to remain available
until September 30, 2018, shall be for acquisition, construction,
improvement, and maintenance of facilities; and of which $46,395,000,
to remain available until September 30, 2016, shall be for information
integration and technology transformation execution.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, and information technology, $59,523,000: Provided, That
not to exceed $3,825 shall be for official reception and representation
expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,209,000,000, of which $250,000,000 shall remain available until
September 30, 2015.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of Federally owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives not later
than December 31, 2013, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2014 through revenues and
collection of security fees, and shall adjust the fees to ensure fee
collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,371 full-time equivalent staff and
1,007 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly engaged
on a daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff''): Provided further, That
the Director of the Federal Protective Service shall include with the
submission of the President's fiscal year 2015 budget a strategic human
capital plan that aligns fee collections to personnel requirements
based on a current threat assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $205,967,000:
Provided, That of the total amount made available under this heading,
$113,956,000 shall remain available until September 30, 2016.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$127,689,000; of which $26,261,000 is for salaries and expenses and
$87,609,000 is for BioWatch operations: Provided, That of the amount
made available under this heading, $13,819,000 shall remain available
until September 30, 2015, for biosurveillance, chemical defense,
medical and health planning and coordination, and workforce health
protection: Provided further, That not to exceed $2,250 shall be for
official reception and representation expenses.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$948,822,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the National Dam Safety Program Act (33 U.S.C. 467 et seq.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), and the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141, 126 Stat. 917): Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses: Provided further, That of the total amount made available
under this heading, $35,180,000 shall be for the Urban Search and
Rescue Response System, of which none is available for Federal
Emergency Management Agency administrative costs: Provided further,
That of the total amount made available under this heading, $32,000,000
shall remain available until September 30, 2015, for capital
improvements and other expenses related to continuity of operations at
the Mount Weather Emergency Operations Center: Provided further, That
of the total amount made available, $4,293,000 shall be for the Office
of National Capital Region Coordination: Provided further, That of the
total amount made available under this heading, no less than $5,000,000
shall remain available until September 30, 2015, for expenses related
to modernization of automated systems: Provided further, That the
Administrator of the Federal Emergency Management Agency, in
consultation with the Department of Homeland Security Chief Information
Officer, shall submit to the Committees on Appropriations of the Senate
and the House of Representatives an expenditure plan including results
to date, plans for the program, and a list of projects with associated
funding provided from prior appropriations and provided by this Act for
modernization of automated systems.
state and local programs
For grants contracts, cooperative agreements, and other activities,
$1,502,000,000 which shall be allocated as follows:
(1) $453,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which not less than $46,600,000
shall be for Operation Stonegarden: Provided, That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2014, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $614,152,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which not less than $13,000,000 shall
be for organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary of Homeland
Security to be at high risk of a terrorist attack.
(3) $100,640,000 shall be for Public Transportation
Security Assistance Railroad Security Assistance, and Over-the-
Road Bus Security Assistance under sections 1406, 1513, and
1532 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182),
of which not less than $10,000,000 shall be for Amtrak
security: Provided, That such public transportation security
assistance shall be provided directly to public transportation
agencies.
(4) $100,640,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,568,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs,
of which $162,905,000 shall be for training of State, local,
and tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)),
or any other provision of law, a grantee may not use more than 5
percent of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communications towers is not considered construction of a building
or other physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary by the
Secretary of Homeland Security: Provided further, That notwithstanding
section 509 of this Act the Administrator of the Federal Emergency
Management Agency may use the funds provided in paragraph (5) to
acquire real property for the purpose of establishing or appropriately
extending the security buffer zones around Federal Emergency Management
Agency training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $675,000,000, to
remain available until September 30, 2015, of which $337,500,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$337,500,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2014, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2014, and remain
available until September 30, 2016.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$6,220,908,000 to remain available until expended, of which $24,000,000
shall be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to disasters:
Provided, That the Administrator of the Federal Emergency Management
Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing
the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act: Provided further, That the Administrator of the
Federal Emergency Management Agency shall submit to such Committees a
quarterly report detailing obligations against the expenditure plan and
a justification for any changes from the initial plan: Provided
further, That the Administrator of the Federal Emergency Management
Agency shall submit to the Committees on Appropriations of the Senate
and the House of Representatives the following reports, including a
specific description of the methodology and the source data used in
developing such reports:
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget is
submitted each year under section 1105(a) of title 31, United
States Code:
(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic
events for the budget year;
(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current year, the budget year, the budget year plus
1, the budget year plus 2, and the budget year plus 3
and beyond;
(F) the amount of previously obligated funds that
will be recovered for the budget year;
(G) the amount that will be required for
obligations for emergencies, as described in section
102(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(1)), major
disasters, as described in section 102(2) of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2)), fire management assistance
grants, as described in section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5187), surge activities, and disaster
readiness and support activities;
(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99-177);
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made;
(B) a table of disaster relief activity delineated
by month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
(iii) the obligations for catastrophic
events delineated by event and by State; and
(iv) the amount of previously obligated
funds that are recovered;
(C) a summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event; and
(D) the date on which funds appropriated will be
exhausted:
Provided further, That of the amount provided under this heading,
$5,626,386,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That the amount in the
preceding proviso is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 917), $95,203,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), and the Biggert-Waters Flood Insurance Reform Act
of 2012 (Public Law 112-141, 126 Stat. 917), $176,300,000, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
not to exceed $22,000,000 shall be available for salaries and expenses
associated with flood mitigation and flood insurance operations; and
not less than $154,300,000 shall be available for flood plain
management and flood mapping, to remain available until September 30,
2015: Provided, That any additional fees collected pursuant to section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as an offsetting collection to this account, to be
available for flood plain management and flood mapping: Provided
further, That in fiscal year 2014, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C.
4017) in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,152,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $100,000,000, which shall remain available until
expended, for flood mitigation actions under section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section
1366 of the National Flood Insurance Act of 1968,
notwithstanding subsection (f)(8) of such section 102 (42
U.S.C. 4012a(f)(8)) and subsection 1366(e) and paragraphs (2)
and (3) of section 1367(b) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c(e), 4104d(b)(2)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $25,000,000, to remain available until expended.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $120,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$118,889,000, of which $113,889,000 is for the E-Verify Program, as
described in section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist
United States employers with maintaining a legal workforce, and of
which $5,000,000 is for the Citizenship and Integration Grant Program:
Provided, That notwithstanding any other provision of law, funds
otherwise made available to United States Citizenship and Immigration
Services may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease: Provided
further, That the Director of United States Citizenship and Immigration
Services may authorize employees who are assigned to those areas to use
such vehicles to travel between the employees' residences and places of
employment: Provided further, That none of the funds made available in
this Act for grants for immigrant integration may be used to provide
services to aliens who have not been lawfully admitted for permanent
residence.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $227,845,000; of which up to $44,635,000 shall
remain available until September 30, 2015, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in training
accreditation; and of which not to exceed $9,180 shall be for official
reception and representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended by Public Law 112-74, is further amended by striking
``December 31, 2015'' and inserting ``December 31, 2016'': Provided
further, That the Director of the Federal Law Enforcement Training
Center shall schedule basic or advanced law enforcement training, or
both, at all four training facilities under the control of the Federal
Law Enforcement Training Center to ensure that such training facilities
are operated at the highest capacity throughout the fiscal year:
Provided further, That the Federal Law Enforcement Training
Accreditation Board, including representatives from the Federal law
enforcement community and non-Federal accreditation experts involved in
law enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $30,885,000, to remain available until September 30,
2018: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $129,000,000: Provided,
That not to exceed $7,650 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $1,089,488,000; of which $541,703,000
shall remain available until September 30, 2016; and of which
$547,785,000 shall remain available until September 30, 2018, solely
for operation and construction of laboratory facilities.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $37,353,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses: Provided further,
That not later than 120 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
strategic plan of investments necessary to implement the Department of
Homeland Security's responsibilities under the domestic component of
the global nuclear detection architecture that shall:
(1) define the role and responsibilities of each
Departmental component in support of the domestic detection
architecture, including any existing or planned programs to
pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments being
made by each Departmental component in fiscal year 2014 and
planned for fiscal year 2015 to support the domestic
architecture and the security of sea, land, and air pathways
into the United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and time
frames, and estimates of feasibility and cost effectiveness;
and
(4) explain how the Department's research and development
funding is furthering the implementation of the domestic
nuclear detection architecture, including specific investments
planned for each of fiscal years 2014 and 2015.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $209,200,000, to
remain available until September 30, 2016.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $42,600,000, to remain available
until September 30, 2016.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2014, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which
funding levels were requested for Federal full-time equivalents
in the object classification tables contained in the fiscal
year 2014 Budget Appendix for the Department of Homeland
Security, as modified by the report accompanying this Act,
unless the Committees on Appropriations of the Senate and the
House of Representatives are notified 15 days in advance of
such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2014, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces the numbers of personnel by 10 percent as
approved by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided after June
30, except in extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2014: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2014 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further,
That the Working Capital Fund shall be subject to the requirements of
section 503 of this Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2014 from appropriations for salaries and expenses
for fiscal year 2014 in this Act shall remain available through
September 30, 2015 in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation
of such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
notification in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2014 until the enactment of an Act authorizing
intelligence activities for fiscal year 2014.
Sec. 507. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used to--
(1) make or award a grant allocation, grant, contract,
other transaction agreement, task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds or a task or delivery
order that would cause cumulative obligations of multi-year
funds in a single account to exceed 50 percent of the total
amount appropriated;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered
by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition
under subsection (a) if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of making an award or issuing a letter
as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account and each program, project, and
activity from which the funds are being drawn.
(e) The Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the
House of Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections applied
to funds made available in that Act.
(b) The third proviso of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (6 U.S.C. 114), shall not apply with
respect to funds made available in this Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under subsection
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142(a)) to alter, direct that changes be made to, delay, or prohibit
the transmission to Congress of any report prepared under paragraph (6)
of such subsection.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. Within 30 days after the end of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month
that includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract employees for
each office of the Department.
Sec. 515. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to notification:
Provided, That quarterly reports shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.
Sec. 516. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of United States
Citizenship and Immigration Services of the Department of Homeland
Security who are known as Immigration Information Officers, Contact
Representatives, Investigative Assistants, or Immigration Services
Officers.
Sec. 517. Any funds appropriated to Coast Guard ``Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2013'' and inserting ``2014 and thereafter''.
Sec. 519. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 520. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2014, to the Office of Inspector
General of the Department of Homeland Security listing all grants and
contracts awarded by any means other than full and open competition
during fiscal year 2014.
(b) The Inspector General shall review the report required by
subsection (a) to assess Departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 14, 2015.
Sec. 521. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452).
Sec. 522. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 523. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 524. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2013,'' and inserting ``Until September 30, 2014'';
(2) in subsection (c)(1), by striking ``September 30,
2013,'' and inserting ``September 30, 2014,''.
Sec. 525. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 526. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States flag
maritime industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b).
Sec. 527. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 528. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 529. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 530. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 531. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 532. If the Administrator of the Transportation Security
Administration determines that an airport does not need to participate
in the E-Verify Program as described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note), the Administrator shall certify to the Committees on
Appropriations of the Senate and the House of Representatives that no
security risks will result from such non-participation.
Sec. 533. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall publish on the Web site of the Federal Emergency Management
Agency a report regarding that decision that shall summarize damage
assessment information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 534. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that Act unless specifically authorized herein.
Sec. 535. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
amended by section 550 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83), is further amended by
striking ``on October 4, 2013'' and inserting ``on October 4, 2014''.
Sec. 536. None of the funds appropriated or otherwise made
available in this Act may be used to transfer, release, or assist in
the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 537. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 538. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 539. (a) Any company that collects or retains personal
information directly from any individual who participates in the
Registered Traveler or successor program of the Transportation Security
Administration shall safeguard and dispose of such information in
accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled ``Recommended
Security Controls for Federal Information Systems and
Organizations''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the ``Administrator'').
(b) The airport authority or air carrier operator that sponsors the
company under the Registered Traveler program shall be known as the
``Sponsoring Entity''.
(c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the date of
enactment of this Act, to the Sponsoring Entity written certification
that the procedures used by the company to safeguard and dispose of
information are in compliance with the requirements under subsection
(a). Such certification shall include a description of the procedures
used by the company to comply with such requirements.
Sec. 540. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 541. (a) Not later than 180 days after the date of enactment
of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, a report that either--
(1) certifies that the requirement for screening all air
cargo on passenger aircraft by the deadline under section
44901(g) of title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code,
including--
(A) a plan to meet the requirement under section
44901(g) of title 49, United States Code, to screen 100
percent of air cargo transported on passenger aircraft
arriving in the United States in foreign air
transportation (as that term is defined in section
40102 of that title); and
(B) specification of--
(i) the percentage of such air cargo that
is being screened; and
(ii) the schedule for achieving screening
of 100 percent of such air cargo.
(b) The Administrator shall continue to submit reports described in
subsection (a)(2) every 180 days thereafter until the Administrator
certifies that the Transportation Security Administration has achieved
screening of 100 percent of such air cargo.
Sec. 542. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 543. Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, $5,000,000 shall be available to United States Citizenship
and Immigration Services in fiscal year 2014 for the purpose of
providing an immigrant integration grants program.
Sec. 544. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 545. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 546. (a) For an additional amount for data center migration,
$54,200,000.
(b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 547. For an additional amount for the ``Office of the Under
Secretary for Management'', $43,300,000 to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the department headquarters consolidation
project and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90
days after the date of enactment of the Act detailing the allocation of
these funds.
Sec. 548. Notwithstanding any other provision of law, if the
Secretary of Homeland Security determines that specific U.S.
Immigration and Customs Enforcement Service Processing Centers or other
U.S. Immigration and Customs Enforcement owned detention facilities no
longer meet the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities by directing the
Administrator of General Services to sell all real and related personal
property which support Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities, subject
to such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the proceeds,
net of the costs of sale incurred by the General Services
Administration and U.S. Immigration and Customs Enforcement, shall be
deposited as offsetting collections into a separate account that shall
be available, subject to appropriation, until expended for other real
property capital asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and maintenance costs,
as the Secretary deems appropriate: Provided further, That the
Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the announcement of
any proposed sale or collocation.
Sec. 549. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 550. None of the funds made available under this Act or any
prior appropriations Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 551. The Commissioner of U.S. Customs and Border Protection,
the Assistant Secretary of Homeland Security for U.S. Immigration and
Customs Enforcement, the Director of the Secret Service, and the
Director of the Office of Biometric Identity Management shall, with
respect to fiscal years 2014, 2015, 2016, and 2017, submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget proposal for
fiscal year 2015 is submitted pursuant to the requirements of section
1105(a) of title 31, United States Code, the information required in
the multi-year investment and management plans required, respectively,
under the headings U.S. Customs and Border Protection, ``Salaries and
Expenses'' under title II of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74); U.S. Customs and Border
Protection, ``Border Security Fencing, Infrastructure, and Technology''
under such title; section 568 of such Act; United States Secret
Service, ``Acquisition, Construction, Improvements, and Related
Expenses'' under division D of the Department of Homeland Security
Appropriations Act, 2013 (Public Law 113-6); and Office of Biometric
Identity Management under divsion D of the Homeland Security
Appropriations Act, 2013 (Public Law 113-6).
Sec. 552. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 553. (a) Of the amounts made available by this Act for
National Protection and Programs Directorate, ``Infrastructure
Protection and Information Security'', $166,000,000 for the ``Federal
Network Security'' program, project, and activity shall be used to
deploy on Federal systems technology to improve the information
security of agency information systems covered by section 3543(a) of
title 44, United States Code: Provided, That funds made available
under this section shall be used to assist and support Government-wide
and agency-specific efforts to provide adequate, risk-based, and cost-
effective cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition and
operation of a continuous monitoring and diagnostics program, in
collaboration with departments and agencies, that includes equipment,
software, and Department of Homeland Security supplied services:
Provided further, That not later than April 1, 2014, and quarterly
thereafter, the Under Secretary of Homeland Security of the National
Protection and Programs Directorate shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report on
the obligation and expenditure of funds made available under this
section: Provided further, That continuous monitoring and diagnostics
software procured by the funds made available by this section shall not
transmit to the Department of Homeland Security any personally
identifiable information or content of network communications of other
agencies' users: Provided further, That such software shall be
installed, maintained, and operated in accordance with all applicable
privacy laws and agency-specific policies regarding network content.
(b) Funds made available under this section may not be used to
supplant funds provided for any such system within an agency budget.
(c) Not later than July 1, 2014, the heads of all Federal agencies
shall submit to the Committees on Appropriations of the Senate and
House of Representatives expenditure plans for necessary cybersecurity
improvements to address known vulnerabilities to information systems
described in subsection (a).
(d) Not later than October 1, 2014, and quarterly thereafter, the
head of each Federal agency shall submit to the Director of the Office
of Management and Budget a report on the execution of the expenditure
plan for that agency required by subsection (c): Provided, That the
Director of the Office of Management and Budget shall summarize such
execution reports and annually submit such summaries to Congress in
conjunction with the annual progress report on implementation of the E-
Government Act of 2002 (Public Law 107-347), as required by section
3606 of title 44, United States Code.
(e) This section shall not apply to the legislative and judicial
branches of the Federal Government and shall apply to all Federal
agencies within the executive branch except for the Department of
Defense, the Central Intelligence Agency, and the Office of the
Director of National Intelligence.
Sec. 554. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 555. (a) Notwithstanding section 13031(e) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)) and
section 451 of the Tariff Act of 1930 (19 U.S.C. 1451) upon the request
of any persons, the Commissioner of U.S. Customs and Border Protection
may enter into reimbursable fee agreements for a period of up to 5
years with such persons for the provision of U.S. Customs and Border
Protection services and any other costs incurred by U.S. Customs and
Border Protection relating to such services. Such requests may include
additional U.S. Customs and Border Protection services at existing U.S.
Customs and Border Protection-serviced facilities (including but not
limited to payment for overtime), the provision of U.S. Customs and
Border Protection services at new land border facilities, and expanded
U.S. Customs and Border Protection services at land border facilities.
(1) By December 31, 2014, the Commissioner may enter into
not more than five agreements under this section.
(2) The Commissioner shall not enter into such an agreement
if it would unduly and permanently impact services funded in
this or any other appropriations Acts, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees.
(b) Funds collected pursuant to any agreement entered into under
this section shall be deposited as offsetting collections and remain
available until expended, without fiscal year limitation, and shall
directly reimburse each appropriation for the amount paid out of that
appropriation for any expenses incurred by U.S. Customs and Border
Protection in providing U.S. Customs and Border Protection services and
any other costs incurred by U.S. Customs and Border Protection relating
to such services.
(c) The amount of the fee to be charged pursuant to an agreement
authorized under subsection (a) of this section shall be paid by each
person requesting U.S. Customs and Border Protection services and shall
include, but shall not be limited to, the salaries and expenses of
individuals employed by U.S. Customs and Border Protection to provide
such U.S. Customs and Border Protection services and other costs
incurred by U.S. Customs and Border Protection relating to those
services, such as temporary placement or permanent relocation of those
individuals.
(d) U.S. Customs and Border Protection shall terminate the
provision of services pursuant to an agreement entered into under
subsection (a) with a person that, after receiving notice from the
Commissioner that a fee imposed under subsection (a) is due, fails to
pay the fee in a timely manner. In the event of such termination, all
costs incurred by U.S. Customs and Border Protection, which have not
been reimbursed, will become immediately due and payable. Interest on
unpaid fees will accrue based on current U.S. Treasury borrowing rates.
Additionally, any person who, after notice and demand for payment of
any fee charged under subsection (a) of this section, fails to pay such
fee in a timely manner shall be liable for a penalty or liquidated
damage equal to two times the amount of the fee. Any amount collected
pursuant to any agreement entered into under this subsection shall be
deposited into the account specified under subsection (b) of this
section and shall be available as described therein.
(e) Each facility at which such U.S. Customs and Border Protection
services are performed shall provide, maintain, and equip, without cost
to the Government, facilities in accordance with U.S. Customs and
Border Protection specifications.
(f) The authority found in this section may not be used to enter
into agreements to expand or begin to provide U.S. Customs and Border
Protection services outside of the United States.
(g) The authority found in this section may not be used at U.S.
Customs and Border Protection serviced air facilities to enter into
agreements for costs other than payment of overtime.
(h) The Commissioner shall notify the appropriate Committees of
Congress 15 days prior to entering into any agreement under the
authority of this section and shall provide a copy of the agreement to
the appropriate Committees of Congress.
(i) For purposes of this section the terms:
(1) U.S. Customs and Border Protection services means any
activities of any employee or contractor of U.S. Customs and
Border Protection pertaining to customs and immigration
inspection-related matters.
(2) Person means any natural person or any corporation,
partnership, trust, association, or any other public or private
entity, or any officer, employee, or agent thereof.
(3) Appropriate Committees of Congress means the Committees
on Appropriations; Finance; Judiciary; and Homeland Security
and Governmental Affairs of the Senate and the Committees on
Appropriations; Judiciary; Ways and Means; and Homeland
Security of the House of Representatives.
Sec. 556. None of the funds made available under this Act may be
used by a Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 557. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or
any other successor grant programs unless explicitly authorized by
Congress.
Sec. 558. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 559. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Deputy Secretary of Homeland Security determines that such
attendance is in the national interest and notifies the Committees on
Appropriations of the Senate and the House of Representatives within at
least 10 days of that determination and the basis for that
determination: Provided, That for purposes of this section the term
``international conference'' shall mean a conference occurring outside
of the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.
Sec. 560. (a) The Secretary of Homeland Security shall submit an
annual report to the Department of Homeland Security Inspector General
regarding the costs and contracting procedures related to each
conference held by any departmental component, agency, board,
commission, or office during fiscal year 2014 for which the cost to the
United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component, agency, board,
commission or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference held by any
departmental component, agency, board, commission, or office funded by
this Act during fiscal year 2014 for which the cost to the United
States Government was more than $20,000, the head of any such
departmental component, agency, board, commission, or office shall
notify the Inspector General of the date, location, and number of
employees attending such conference.
(d) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a conference
described in subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was awarded,
such as a conference held in connection with planning, training,
assessment, review, or other routine purposes related to a project
funded by the grant or contract.
(e) None of the funds made available in this Act may be used for
travel and conference activities that are not in compliance with Office
of Management and Budget Memorandum M-12-12 dated May 11, 2012.
Sec. 561. None of the funds made available in this Act may be used
to implement, carry out, administer, or enforce section 1308(h) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015 (h)).
Sec. 562. In administering the funds made available to address any
major disaster declared on or after August 27, 2011, the Administrator
of the Federal Emergency Management Agency shall establish a pilot
program for the relocation of State facilities under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172), under which the Administrator may waive, or specify
alternative requirements for, any regulation the Administrator
administers to provide assistance, consistent with the National
Environmental Policy Act of 1969 (42 US.C 4321 et seq.), for the
permanent relocation of State facilities, including administrative
office buildings, medical facilities, laboratories, and related
operating infrastructure (including heat, sewage, mechanical,
electrical, and plumbing), that were significantly damaged as a result
of the major disaster, are subject to flood risk, and are otherwise
eligible for repair, restoration, reconstruction, or replacement under
section 406 of that Act, if the Administrator determines that such
relocation is practicable, and will be cost effective or more
appropriate than repairing, restoring, reconstructing, or replacing the
facility in its predisaster location, and if such relocation will
effectively mitigate the flood risk to the facility.
Sec. 563. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary reemployment
basis to conduct arbitrations of disputes as part of the arbitration
panel established by the President under section 601 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5;
123 Stat. 164).
Sec. 564. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42) fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 565. (a) Section 109(1) of the Department of Justice
Appropriations Act of 2002 (Public Law 107-77) is amended by striking
``$7'' and inserting ``$9''.
(b) Section 108 of division B of title I of the Consolidated
Appropriations Resolution, 2003 (Public Law 108-7) is amended by
striking ``$3'' and inserting ``$5''.
Sec. 566. (a) Donations Permitted.--Notwithstanding any other
provision of law, including chapter 33 of title 40, United States Code,
the Secretary of Homeland Security, for purposes of constructing,
altering, operating, or maintaining a new or existing land port of
entry facility, may accept donations of real and personal property
(including monetary donations) and nonpersonal services from private
parties and State and local government entities.
(b) Allowable Uses of Donations.--The Secretary, with respect to
any donation provided pursuant to subsection (a), may--
(1) use such property or services for necessary activities
related to the construction, alteration, operation, or
maintenance of a new or existing land port of entry facility
under the custody and control of the Secretary, including
expenses related to--
(A) land acquisition, design, construction, repair
and alteration;
(B) furniture, fixtures, and equipment;
(C) the deployment of technology and equipment; and
(D) operations and maintenance; or
(2) transfer such property or services to the Administrator
of General Services for necessary activities described in
paragraph (1) related to a new or existing land port of entry
facility under the custody and control of the Administrator.
(c) Evaluation Procedures.--Not later than 180 days after the date
of the enactment of this Act, the Secretary, in consultation with the
Administrator, shall establish procedures for evaluating a proposal
submitted by any person described in paragraph (a) to make a donation
of real or personal property (including monetary donations) or
nonpersonal services to facilitate the construction, alteration,
operation, or maintenance of a new or existing land port of entry
facility under the custody and control of the Secretary and make any
evaluation criteria publicly available.
(d) Considerations.--In determining whether or not to approve a
proposal described in paragraph (c), the Secretary or the Administrator
shall consider--
(1) the impact of the proposal on reducing wait times at
that port of entry and other ports of entry on the same border;
(2) the potential of the proposal to increase trade and
travel efficiency through added capacity;
(3) the potential of the proposal to enhance the security
of the port of entry;
(4) the impact of the proposal on staffing requirements;
and
(5) other factors that the Secretary determines to be
relevant.
(e) Consultation.--
(1) Locations for new ports of entry.--The Secretary is
encouraged to consult with the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of State, the
International Boundary and Water Commission, and appropriate
representatives of States, local governments, Indian tribes,
and property owners--
(A) to determine locations for new ports of entry;
and
(B) to minimize the adverse impacts from such ports
on the environment, historic and cultural resources,
commerce, and the quality of life for the communities
and residents located near such ports.
(2) Savings provision.--Nothing in this paragraph may be
construed--
(A) to create any right or liability of the parties
described in subparagraph (1); and
(B) to affect any consultation requirement under
any other law.
(f) Supplemental Funding.--Property (including monetary donations)
and services provided pursuant to paragraph (a) may be used in addition
to any other funding (including appropriated funds), property, or
services made available for the same purpose.
(g) Unconditional Donations.--A donation provided pursuant to
paragraph (a) shall be made unconditionally, although the donor may
specify--
(1) the land port of entry facility or facilities to be
benefitted from such donation; and
(2) the timeframe during which the donated property or
services shall be used.
(h) Return of Donations.--If the Secretary or the Administrator
does not use the property or services donated pursuant to paragraph (a)
for the specific land port of entry facility or facilities designated
by the donor or within the timeframe specified by the donor, such
donated property or services shall be returned to the entity that made
the donation. No interest shall be owed to the donor with respect to
any donation of funding provided under paragraph (a) that is returned
pursuant to this paragraph.
(i) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary, in consultation with the Administrator, shall submit
a report to the congressional committees listed in subparagraph
(2) that describes--
(A) the accepted donations received under this
subsection;
(B) the ports of entry that received such
donations; and
(C) how each donation helped facilitate the
construction, alteration, operation, or maintenance of
a new or existing land port of entry.
(2) Congressional committees.--The congressional committees
listed in this subparagraph are--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Environment and Public Works
of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Homeland Security of the House
of Representatives; and
(F) the Committee on Transportation and
Infrastructure of the House of Representatives.
(j) Savings Provision.--Nothing in this subsection may be construed
to affect or alter the existing authority of the Secretary or the
Administrator of General Services to construct, alter, operate, and
maintain land port of entry facilities.
Sec. 567. (a) In General.--Beginning on the date of the enactment
of this Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian, cyclist, and
driver and passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern border at
a land port of entry.
Sec. 568. (a) Definitions.--Section 217(c)(1) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(1)) is amended to read as
follows:
``(1) Authority to designate; definitions.--
``(A) Authority to designate.--The Secretary of
Homeland Security, in consultation with the Secretary
of State, may designate any country as a program
country if that country meets the requirements under
paragraph (2).
``(B) Definitions.--In this subsection:
``(i) Appropriate congressional
committees.--The term `appropriate
congressional committees' means--
``(I) the Committee on
Appropriations, the Committee on
Foreign Relations, the Committee on
Homeland Security and Governmental
Affairs, and the Committee on the
Judiciary of the Senate; and
``(II) the Committee on
Appropriations, the Committee on
Foreign Affairs, the Committee on
Homeland Security, and the Committee on
the Judiciary of the House of
Representatives.
``(ii) Overstay rate.--
``(I) Initial designation.--The
term `overstay rate' means, with
respect to a country being considered
for designation in the program, the
ratio of--
``(aa) the number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa under section
101(a)(15)(B) whose periods of
authorized stay ended during a
fiscal year but who remained
unlawfully in the United States
beyond such periods; to
``(bb) the number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa under section
101(a)(15)(B) whose periods of
authorized stay ended during
that fiscal year.
``(II) Continuing designation.--The
term `overstay rate' means, for each
fiscal year after initial designation
under this section with respect to a
country, the ratio of--
``(aa) the number of
nationals of that country who
were admitted to the United
States under this section or on
the basis of a nonimmigrant
visa under section
101(a)(15)(B) whose periods of
authorized stay ended during a
fiscal year but who remained
unlawfully in the United States
beyond such periods; to
``(bb) the number of
nationals of that country who
were admitted to the United
States under this section or on
the basis of a nonimmigrant
visa under section
101(a)(15)(B) whose periods of
authorized stay ended during
that fiscal year.
``(III) Computation of overstay
rate.--In determining the overstay rate
for a country, the Secretary of
Homeland Security may utilize
information from any available
databases to ensure the accuracy of
such rate.
``(iii) Program country.--The term `program
country' means a country designated as a
program country under subparagraph (A).''.
(b) Technical and Conforming Amendments.--Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) is amended--
(1) by striking ``Attorney General'' each place the term
appears (except in subsection (c)(11)(B)) and inserting
``Secretary of Homeland Security''; and
(2) in subsection (c)--
(A) in paragraph (2)(C)(iii), by striking
``Committee on the Judiciary and the Committee on
International Relations of the House of Representatives
and the Committee on the Judiciary and the Committee on
Foreign Relations of the Senate'' and inserting
``appropriate congressional committees'';
(B) in paragraph (5)(A)(i)(III), by striking
``Committee on the Judiciary, the Committee on Foreign
Affairs, and the Committee on Homeland Security, of the
House of Representatives and the Committee on the
Judiciary, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs
of the Senate'' and inserting ``appropriate
congressional committees''; and
(C) in paragraph (7), by striking subparagraph (E).
(c) Designation of Program Countries Based on Overstay Rates.--
(1) In general.--Section 217(c)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(2)(A)) is amended to read
as follows:
``(A) General numerical limitations.--
``(i) Low nonimmigrant visa refusal rate.--
The percentage of nationals of that country
refused nonimmigrant visas under section
101(a)(15)(B) during the previous full fiscal
year was not more than 3 percent of the total
number of nationals of that country who were
granted or refused nonimmigrant visas under
such section during such year.
``(ii) Low nonimmigrant overstay rate.--The
overstay rate for that country was not more
than 3 percent during the previous fiscal
year.''.
(2) Qualification criteria.--Section 217(c)(3) of such Act
(8 U.S.C. 1187(c)(3)) is amended to read as follows:
``(3) Qualification criteria.--After designation as a
program country under section 217(c)(2), a country may not
continue to be designated as a program country unless the
Secretary of Homeland Security, in consultation with the
Secretary of State, determines, pursuant to the requirements
under paragraph (5), that the designation will be continued.''.
(3) Initial period.--Section 217(c) is further amended by
striking subsection (c)(4).
(4) Continuing designation.--Section 217(c)(5)(A)(i)(II) of
such Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as
follows:
``(II) shall
determine, based upon
the evaluation in
subclause (I), whether
any such designation
under subsection (d) or
(f), or probation under
subsection (f), ought
to be continued or
terminated;''.
(5) Computation of visa refusal rates; judicial review.--
Section 217(c)(6) of such Act (8 U.S.C. 1187(c)(6)) is amended
to read as follows:
``(6) Computation of visa refusal rates and judicial
review.--
``(A) Computation of visa refusal rates.--For
purposes of determining the eligibility of a country to
be designated as a program country, the calculation of
visa refusal rates shall not include any visa refusals
which incorporate any procedures based on, or are
otherwise based on, race, sex, or disability, unless
otherwise specifically authorized by law or regulation.
``(B) Judicial review.--No court shall have
jurisdiction under this section to review any visa
refusal, the Secretary of State's computation of a visa
refusal rate, the Secretary of Homeland Security's
computation of an overstay rate, or the designation or
nondesignation of a country as a program country.''.
(6) Visa waiver information.--Section 217(c)(7) of such Act
(8 U.S.C. 1187(c)(7)) is amended--
(A) by striking subparagraphs (B) through (D); and
(B) by striking ``waiver information.--'' and all
that follows through ``In refusing'' and inserting
``waiver information.--In refusing''.
(7) Waiver authority.--Section 217(c)(8) of such Act (8
U.S.C. 1187(c)(8)) is amended to read as follows:
``(8) Waiver authority.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
waive the application of paragraph (2)(A)(i) for a country if--
``(A) the country meets all other requirements of
paragraph (2);
``(B) the Secretary of Homeland Security determines
that the totality of the country's security risk
mitigation measures provide assurance that the
country's participation in the program would not
compromise the law enforcement, security interests, or
enforcement of the immigration laws of the United
States;
``(C) there has been a general downward trend in
the percentage of nationals of the country refused
nonimmigrant visas under section 101(a)(15)(B);
``(D) the country consistently cooperated with the
Government of the United States on counterterrorism
initiatives, information sharing, preventing terrorist
travel, and extradition to the United States of
individuals (including the country's own nationals) who
commit crimes that violate United States law before the
date of its designation as a program country, and the
Secretary of Homeland Security and the Secretary of
State assess that such cooperation is likely to
continue;
``(E) the percentage of nationals of the country
refused a nonimmigrant visa under section 101(a)(15)(B)
during the previous full fiscal year was not more than
10 percent of the total number of nationals of that
country who were granted or refused such nonimmigrant
visas; and
``(F) Effective period.--The amendments made by
this subsection shall be in effect during the period
beginning on the date of enactment of this Act and
ending on September 30, 2015.''.
(d) Termination of Designation; Probation.--Section 217(f) of the
Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended to read
as follows:
``(d) Termination of Designation; Probation.--
``(1) Definitions.--In this subsection:
``(A) Probationary period.--The term `probationary
period' means the fiscal year in which a probationary
country is placed in probationary status under this
subsection.
``(B) Program country.--The term `program country'
has the meaning given that term in subsection
(c)(1)(B).
``(2) Determination, notice, and initial probationary
period.--
``(A) Determination of probationary status and
notice of noncompliance.--As part of each program
country's periodic evaluation required by subsection
(c)(5)(A), the Secretary of Homeland Security shall
determine whether a program country is in compliance
with the program requirements under subparagraphs
(A)(ii) through (F) of subsection (c)(2).
``(B) Initial probationary period.--If the
Secretary of Homeland Security determines that a
program country is not in compliance with the program
requirements under subparagraphs (A)(ii) through (F) of
subsection (c)(2), the Secretary of Homeland Security
shall place the program country in probationary status
for the fiscal year following the fiscal year in which
the periodic evaluation is completed.
``(3) Actions at the end of the initial probationary
period.--At the end of the initial probationary period of a
country under paragraph (2)(B), the Secretary of Homeland
Security shall take 1 of the following actions:
``(A) Compliance during initial probationary
period.--If the Secretary determines that all instances
of noncompliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2)
that were identified in the latest periodic evaluation
have been remedied by the end of the initial
probationary period, the Secretary shall end the
country's probationary period.
``(B) Noncompliance during initial probationary
period.--If the Secretary determines that any instance
of noncompliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2)
that were identified in the latest periodic evaluation
has not been remedied by the end of the initial
probationary period--
``(i) the Secretary may terminate the
country's participation in the program; or
``(ii) on an annual basis, the Secretary
may continue the country's probationary status
if the Secretary, in consultation with the
Secretary of State, determines that the
country's continued participation in the
program is in the national interest of the
United States.
``(4) Actions at the end of additional probationary
periods.--At the end of all probationary periods granted to a
country pursuant to paragraph (3)(B)(ii), the Secretary shall
take 1 of the following actions:
``(A) Compliance during additional period.--The
Secretary shall end the country's probationary status
if the Secretary determines during the latest periodic
evaluation required by subsection (c)(5)(A) that the
country is in compliance with the program requirements
under subparagraphs (A)(ii) through (F) of subsection
(c)(2).
``(B) Noncompliance during additional periods.--The
Secretary shall terminate the country's participation
in the program if the Secretary determines during the
latest periodic evaluation required by subsection
(c)(5)(A) that the program country continues to be in
non-compliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2).
``(5) Effective date.--The termination of a country's
participation in the program under paragraph (3)(B) or (4)(B)
shall take effect on the first day of the first fiscal year
following the fiscal year in which the Secretary determines
that such participation shall be terminated. Until such date,
nationals of the country shall remain eligible for a waiver
under subsection (a).
``(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
``(A) nationals of a country whose designation is
terminated under paragraph (3) or (4) shall remain
eligible for a waiver under subsection (a) until the
effective date of such termination; and
``(B) a waiver under this section that is provided
to such a national for a period described in subsection
(a)(1) shall not, by such termination, be deemed to
have been rescinded or otherwise rendered invalid, if
the waiver is granted prior to such termination.
``(7) Consultative role of the secretary of state.--In this
subsection, references to subparagraphs (A)(ii) through (F) of
subsection (c)(2) and subsection (c)(5)(A) carry with them the
consultative role of the Secretary of State as provided in
those provisions.''.
(e) Review of Overstay Tracking Methodology.--Not later than 180
days after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a review of the methods used
by the Secretary of Homeland Security--
(1) to track aliens entering and exiting the United States;
and
(2) to detect any such alien who stays longer than such
alien's period of authorized admission.
(f) Evaluation of Electronic System for Travel Authorization.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to Congress--
(1) an evaluation of the security risks of aliens who enter
the United States without an approved Electronic System for
Travel Authorization verification; and
(2) a description of any improvements needed to minimize
the number of aliens who enter the United States without the
verification described in paragraph (1).
(g) Sense of Congress on Priority for Review of Program
Countries.--It is the sense of Congress that the Secretary of Homeland
Security, in the process of conducting evaluations of countries
participating in the visa waiver program under section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), should prioritize the
reviews of countries in which circumstances indicate that such a review
is necessary or desirable.
Sec. 569. The Commissioner of the United States Customs and Border
Protection may waive the claim for reimbursement of $221,123 from the
fiscal year 2009 appropriation for the Office of the Federal
Coordinator for Gulf Coast Rebuilding.
(rescissions)
Sec. 570. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended--
(a) $14,500,000 from Public Law 111-83 under the heading Coast
Guard ``Acquisition, Construction, and Improvements'';
(b) $29,000,000 from Public Law 112-10 under the heading Coast
Guard ``Acquisition, Construction, and Improvements'';
(c) $31,500,000 from Public Law 112-74 under the heading Coast
Guard ``Acquisition, Construction, and Improvements'';
(d) $1,500,000 from Transportation Security Administration
``Aviation Security'' account 70x0550;
(e) $977,000 from Transportation Security Administration ``Research
and Development'' account 70x0553;
(f) $61,783,000 from unobligated prior year balances from U.S.
Customs and Border Protection ``Border Security, Fencing,
Infrastructure, and Technology''.
(rescission)
Sec. 571. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $153,000 from U.S. Customs and Border Protection
``Salaries and Expenses'';
(2) $10,311 from U.S. Immigration and Customs Enforcement
``Violent Crime Reduction Program'';
(3) $336,779 from ``Transportation Security
Administration'';
(4) $85,756 from Coast Guard ``Acquisition, Construction,
and Improvements'';
(5) $2,501 from Federal Emergency Management Agency
``Office of Domestic Preparedness'';
(6) $134,457 from Federal Emergency Management Agency
``National Predisaster Mitigation Fund''; and
(7) $995,654 from the ``Working Capital Fund''.
(rescission)
Sec. 572. From the unobligated balances made available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code, (added by section 638 of Public Law
102-393) $100,000,000 shall be rescinded.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2014''.
Calendar No. 140
113th CONGRESS
1st Session
H. R. 2217
[Report No. 113-77]
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2014, and for other purposes.
_______________________________________________________________________
June 7, 2013
Received; read twice and referred to the Committee on Appropriations
June 12, 2013
Committee discharged; ordered returned to the House
June 13, 2013
Received; read twice and referred to the Committee on Appropriations
pursuant to the order of June 12, 2013
July 18, 2013
Reported with an amendment