[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3001 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 501
114th CONGRESS
  2d Session
                                S. 3001

                          [Report No. 114-264]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2017, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2016

    Mr. Hoeven, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2017, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2017, 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, $136,081,000:  Provided, That 
not to exceed $45,000 shall be for official reception and 
representation expenses:  Provided further, That all official costs 
associated with the use of government aircraft by Department of 
Homeland Security personnel to support official travel of the Secretary 
and the Deputy Secretary shall be paid from amounts made available for 
the Immediate Office of the Secretary and the Immediate Office of the 
Deputy Secretary:  Provided further, That not later than 30 days after 
the date of enactment of this Act, the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives, the Committees on the Judiciary of the Senate 
and the House of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Committee on Homeland 
Security of the House of Representatives, a report for fiscal year 2016 
on visa overstay data by country as required by section 1376 of title 
8, United States Code:  Provided further, That the report on visa 
overstay data shall also include--
            (1) overstays from all nonimmigrant visa categories under 
        the immigration laws, delineated by each of the classes and 
        sub-classes of such categories; and
            (2) numbers as well as rates of overstays for each class 
        and sub-class of such nonimmigrant categories on a per-country 
        basis:
  Provided further, That the Secretary of Homeland Security shall 
publish on the Department's Web site the metrics developed to measure 
the effectiveness of security between the ports of entry, including the 
methodology and data supporting the resulting measures:  Provided 
further, That of the funds provided under this heading, $13,000,000 
shall be withheld from obligation for the Office of the Secretary and 
Executive Management until the overstay report is submitted and the 
border security measures are published.

              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), $225,875,000, of which 
not to exceed $2,000 shall be for official reception and representation 
expenses:  Provided, That of the total amount made available under this 
heading, $2,931,000 shall remain available until September 30, 2018, 
solely for the alteration and improvement of facilities, tenant 
improvements, and relocation costs to consolidate Department 
headquarters operations at the Nebraska Avenue Complex:  Provided 
further, That the Under Secretary for Management shall include in the 
President's budget proposal for fiscal year 2018, submitted pursuant to 
section 1105(a) of title 31, United States Code, a Comprehensive 
Acquisition Status Report, which shall include the information required 
under the heading ``Office of the Under Secretary for Management'' 
under title I of division D of the Consolidated Appropriations Act, 
2012 (Public Law 112-74), and shall submit quarterly updates to such 
report not later than 45 days after the completion of each quarter.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $58,425,000:  Provided, That the Secretary of 
Homeland Security shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives, at the time the 
President's budget proposal for fiscal year 2018 is submitted pursuant 
to section 1105(a) of title 31, United States Code, the Future Years 
Homeland Security Program, as authorized by section 874 of Public Law 
107-296 (6 U.S.C. 454).

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$307,413,000; of which $102,000,000 shall be available for salaries and 
expenses; and of which $205,413,000, to remain available until 
September 30, 2018, shall be available for development and acquisition 
of information technology equipment, software, services, and related 
activities for the Department of Homeland Security.

                        Analysis and Operations

    For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $260,201,000; of which not 
to exceed $3,825 shall be for official reception and representation 
expenses; of which not to exceed $2,000,000 is available for facility 
needs associated with secure space at fusion centers, including 
improvements to buildings; and of which $106,115,000 shall remain 
available until September 30, 2018.

                      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.), $155,144,000; of which not to exceed $300,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and transportation of 
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 
for replacement only) police-type vehicles; and contracting with 
individuals for personal services abroad; $8,857,183,000; 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 $30,000,000 shall be available until September 30, 2018, 
solely for the purpose of recruiting, hiring, training, and equipping 
law enforcement officers and Border Patrol agents; of which not to 
exceed $34,425 shall be for official reception and representation 
expenses; of which such sums as become available in the Customs User 
Fee Account, except sums subject to section 13031(f)(3) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account; of which not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations; and of which not to exceed $1,000,000 
shall be for awards of compensation to informants, to be accounted for 
solely under the certificate of the Secretary of Homeland Security:  
Provided, That of the amounts made available under this heading for 
Inspection and Detection Technology Investments, $18,500,000 shall 
remain available until September 30, 2018:  Provided further, That for 
fiscal year 2017, 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.
    For an additional amount, $31,000,000, to remain available until 
expended, to be reduced by amounts collected and credited to this 
appropriation from amounts authorized to be collected by section 286(i) 
of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 
10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8311), and section 817 of the Trade Facilitation and Trade Enforcement 
Act of 2015 or other such authorizing legislation:  Provided, That to 
the extent that amounts realized from such collections exceed 
$31,000,000, those amounts in excess of $31,000,000 shall be credited 
to this appropriation, to remain available until expended.

                        automation modernization

    For necessary expenses for operation and improvement of automated 
systems, including salaries and expenses, $813,206,000; of which 
$433,345,000 shall remain available until September 30, 2019; and of 
which not less than $122,467,000 shall be for the development of the 
Automated Commercial Environment.

        border security fencing, infrastructure, and technology

    For necessary expenses for border security fencing, infrastructure, 
and technology, $349,237,000; of which $266,617,000 shall remain 
available until September 30, 2018, for operations and maintenance; and 
of which $82,620,000 shall remain available until September 30, 2019, 
for development and deployment.

                       air and marine operations

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aerial systems, the 
Air and Marine Operations Center, and other related equipment of the 
air and marine program, including salaries and expenses, operational 
training, and mission-related travel, the operations of which include 
the following: the interdiction of narcotics and other goods; the 
provision of support to Federal, State, and local agencies in the 
enforcement or administration of laws enforced by the Department of 
Homeland Security; and at the discretion of the Secretary of Homeland 
Security, the provision of assistance to Federal, State, and local 
agencies in other law enforcement and emergency humanitarian efforts; 
$857,000,000; of which $315,332,000 shall be available for salaries and 
expenses; and of which $541,668,000 shall remain available until 
September 30, 2019:  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 2017 
without prior notice to the Committees on Appropriations of the Senate 
and the House of Representatives:  Provided further, That funding made 
available under this heading shall be available for customs expenses 
when necessary to maintain or to temporarily increase operations in 
Puerto Rico.

                 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, $296,400,000, to remain available until September 30, 2021.

                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; $5,934,184,000; of which not to exceed $10,000,000 shall 
be available until expended for conducting special operations under 
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); 
of which not to exceed $11,475 shall be for official reception and 
representation expenses; of which not to exceed $2,000,000 shall be for 
awards of compensation to informants, to be accounted for solely under 
the certificate of the Secretary of Homeland Security; of which not 
less than $305,000 shall be for promotion of public awareness of the 
child pornography tipline and activities to counter child exploitation; 
of which not less than $5,400,000 shall be used to facilitate 
agreements consistent with section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)); of which not to exceed $45,000,000, 
to remain available until September 30, 2018, shall be for maintenance, 
construction, and leasehold improvements at owned and leased 
facilities; and of which not to exceed $11,216,000 shall be available 
to fund or reimburse other Federal agencies for the costs associated 
with the care, maintenance, and repatriation of smuggled aliens 
unlawfully present in the United States:  Provided, That none of the 
funds made available under this heading shall be available to 
compensate any employee for overtime in an annual amount in excess of 
$35,000, except that the Secretary of Homeland Security, or the 
designee of the Secretary, may waive that amount as necessary for 
national security purposes and in cases of immigration emergencies:  
Provided further, That of the total amount provided, $15,770,000 shall 
be for activities to enforce laws against forced child labor, of which 
not to exceed $6,000,000 shall remain available until expended:  
Provided further, That of the total amount available, not less than 
$1,600,000,000 shall be available to identify aliens convicted of a 
crime who may be deportable, and to remove them from the United States 
once they are judged deportable:  Provided further, That funding made 
available under this heading shall maintain a level of not less than 
34,000 detention beds through September 30, 2017:  Provided further, 
That of the total amount provided, not less than $3,240,188,000 shall 
be for enforcement, detention, and removal operations, including 
transportation of unaccompanied minor aliens:  Provided further, That 
of the amount provided for Custody Operations in the previous proviso, 
$45,000,000 shall remain available until September 30, 2021:  Provided 
further, That of the total amount provided for the Visa Security 
Program and international investigations, $18,300,000 shall remain 
available until September 30, 2018:  Provided further, That not less 
than $15,000,000 shall be available for investigation of intellectual 
property rights violations, including operation of the National 
Intellectual Property Rights Coordination Center:  Provided further, 
That none of the funds provided under this heading may be used to 
continue a delegation of law enforcement authority authorized under 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been materially violated:  Provided further, That none 
of the funds provided under this heading may be used to continue any 
contract for the provision of detention services if the two most recent 
overall performance evaluations received by the contracted facility are 
less than ``adequate'' or the equivalent median score in any subsequent 
performance evaluation system:  Provided further, That nothing under 
this heading shall prevent U.S. Immigration and Customs Enforcement 
from exercising those authorities provided under the 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 as necessary to ensure the detention of aliens 
prioritized for removal:  Provided further, That not later than 90 days 
after the date of enactment of this Act, the Director of Immigration 
and Customs Enforcement shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
comprehensive plan for immigration data improvement:  Provided further, 
That the comprehensive plan for immigration data improvement shall 
include--
            (1) an action plan detailing necessary engagement with 
        Federal partners, major milestones, and an estimated timeline 
        for each of the major milestones leading to completion of the 
        plan;
            (2) a staffing plan, detailing the positions and titles for 
        both Federal and contract staff necessary to execute the plan; 
        and
            (3) an estimate of the funding necessary for the plan:
  Provided further, That of the funds provided under this heading, 
$100,000,000 shall be withheld from obligation for Salaries and 
Expenses until the comprehensive plan for immigration data improvement 
is submitted.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $29,800,000, to remain available until September 30, 2019.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,898,382,000, to remain 
available until September 30, 2018; of which not to exceed $7,650 shall 
be for official reception and representation expenses:  Provided, That 
any award to deploy explosives detection systems shall be based on 
risk, the airport's current reliance on other screening solutions, 
lobby congestion resulting in increased security concerns, high injury 
rates, airport readiness, and increased cost effectiveness:  Provided 
further, That security service fees authorized under section 44940 of 
title 49, United States Code, shall be credited to this appropriation 
as offsetting collections and shall be available only for aviation 
security:  Provided further, That the sum appropriated under this 
heading from the general fund shall be reduced on a dollar-for-dollar 
basis as such offsetting collections are received during fiscal year 
2017 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $3,768,382,000:  Provided 
further, That notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2017, 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, including 
        high-speed baggage screening, and how those savings are being 
        used to offset security costs or reinvested to address security 
        vulnerabilities:
  Provided further, That Members of the United States House of 
Representatives and the United States Senate, including the leadership; 
the heads of Federal agencies and commissions, including the Secretary, 
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to surface transportation security activities, 
$122,716,000, to remain available until September 30, 2018.

                        intelligence and vetting

    For necessary expenses for the development and implementation of 
intelligence and vetting activities, $231,132,000, to remain available 
until September 30, 2018.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to transportation security support pursuant to 
the Aviation and Transportation Security Act (Public Law 107-71; 115 
Stat. 597; 49 U.S.C. 40101 note), $953,225,000, to remain available 
until September 30, 2018.

                       United States Coast Guard

                           operating expenses

    For necessary expenses for the operations and maintenance of the 
Coast Guard, not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase or lease of boats necessary for overseas deployments and 
activities; purchase or lease of other equipment (at a unit cost of no 
more than $250,000); minor shore construction projects not exceeding 
$1,000,000 in total cost on any location; payments pursuant to section 
156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and 
recreation and welfare; $7,140,257,000, of which $502,692,000 shall be 
for defense-related activities, of which $162,692,000 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 and shall be available only 
if the President subsequently so designates all such amounts and 
transmits such designations to the Congress; of which $24,500,000 shall 
be derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); and of which not to exceed $23,000 shall be for 
official reception and representation expenses:  Provided, That none of 
the funds made available by this Act shall be for expenses incurred for 
recreational vessels under section 12114 of title 46, United States 
Code, except to the extent fees are collected from owners of yachts and 
credited to this appropriation:  Provided further, That to the extent 
fees are insufficient to pay expenses of recreational vessel 
documentation under such section 12114, and there is a backlog of 
recreational vessel applications, then personnel performing non-
recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114:  Provided further, That of the funds provided 
under this heading, $85,000,000 shall be withheld from obligation for 
Coast Guard Headquarters Directorates until a future-years capital 
investment plan for fiscal years 2018 through 2022, 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 of the total amount made available, $11,000,000 
shall remain available until September 30, 2019, of which $6,000,000 is 
solely for grants authorized by the Coast Guard Authorization Act of 
2010 (46 U.S.C. 4502(i) and (j)) and $5,000,000 is to meet the 
obligations specified in 14 U.S.C. 98(b):  Provided further, That funds 
made available under this heading for Overseas Contingency Operations/
Global War on Terrorism may be allocated by program, project, and 
activity, notwithstanding section 503 of this Act:  Provided further, 
That without regard to the limitation as to time and condition of 
section 503(d) of this Act, after June 30, up to $10,000,000 may be 
reprogrammed to or from Military Pay and Allowances in 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, $13,315,000, to remain available until 
September 30, 2021.

                            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; $112,302,000.

              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; $1,256,588,000; 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 shall be 
available until September 30, 2021 (except as subsequently specified): 
$800,900,000 to acquire, effect major repairs to, renovate, or improve 
vessels, small boats, and related equipment; $202,300,000 to acquire, 
effect major repairs to, renovate, or improve aircraft or increase 
aviation capability; $59,355,000 for other acquisition programs; 
$73,100,000 for shore facilities and aids to navigation, including 
facilities at Department of Defense installations used by the Coast 
Guard; and $120,933,000, to remain available until September 30, 2017, 
for personnel compensation and benefits and related costs:  Provided, 
That of the funds provided by this Act, not less than $95,000,000 shall 
be immediately available to contract for long lead time materials for 
the tenth National Security Cutter notwithstanding the availability of 
funds for production or post-production costs:  Provided further, That 
the Commandant of the Coast Guard shall submit to the Congress, at the 
time the President's budget proposal for fiscal year 2018 is submitted 
pursuant to section 1105(a) of title 31, United States Code, a future-
years capital investment plan as described in the second proviso under 
the heading ``Coast Guard, Acquisition, Construction, and 
Improvements'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), which shall be subject to the 
requirements in the third and fourth provisos under such heading.

              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; 
$36,819,000, to remain available until September 30, 2019, 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, 
$1,666,940,000, 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; 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, without regard to section 5702 of title 
5, of subsistence expenses of employees who are on protective missions, 
whether at or away from their duty stations; 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; $1,802,109,000; 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, 2018; and of which not less than $13,869,000 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, 2018:  Provided further, That 
$4,500,000 for National Special Security Events shall remain available 
until expended:  Provided further, That the United States Secret 
Service is authorized to obligate funds in anticipation of 
reimbursements from Federal agencies and entities, as defined in 
section 105 of title 5, United States Code, for personnel receiving 
training sponsored by the James J. Rowley Training Center, except that 
total obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year:  Provided further, That none of the funds made available 
under this heading shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that the 
Secretary of Homeland Security, or the designee of the Secretary, may 
waive that amount as necessary for national security purposes:  
Provided further, That none of the funds made available to the United 
States Secret Service by this Act or by previous appropriations Acts 
may be made available for the protection of the head of a Federal 
agency other than the Secretary of Homeland Security:  Provided 
further, That the Director of the United States Secret Service may 
enter into an agreement to provide such protection on a fully 
reimbursable basis:  Provided further, That none of the funds made 
available to the United States Secret Service by this Act or by 
previous appropriations Acts may be obligated for the purpose of 
opening a new permanent domestic or overseas office or location unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such obligation:  
Provided further, That for purposes of section 503 of this Act, 
$15,000,000 or 10 percent, whichever is less, may be reprogrammed 
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, $89,010,000, to remain available until September 30, 
2019.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For the management and administration of the National Protection 
and Programs Directorate, and support for operations and information 
technology, $56,536,000:  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.), 
$1,474,712,000, of which $409,307,000 shall remain available until 
September 30, 2018.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally owned and leased buildings and 
for the operations of the Federal Protective Service:  Provided, That 
the Director of the Federal Protective Service shall submit at the time 
the President's budget proposal for fiscal year 2018 is submitted 
pursuant to section 1105(a) of title 31, United States Code, a 
strategic human capital plan that aligns fee collections to personnel 
requirements based on a current threat assessment.

                office of biometric identity management

    For necessary expenses for the Office of Biometric Identity 
Management, as authorized by section 7208 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $287,149,000, of 
which $166,164,000 shall remain available until September 30, 2019.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$108,293,000; of which $24,698,000 is for salaries and expenses and 
$69,878,000 is for BioWatch operations:  Provided, That of the amount 
made available under this heading, $13,717,000 shall remain available 
until September 30, 2018, for biosurveillance, chemical defense, 
medical and health planning and coordination, and workforce health 
protection.

                  Federal Emergency Management Agency

                         salaries and expenses

    For necessary expenses of the Federal Emergency Management Agency, 
$1,044,764,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114 
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 
et seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
the National Dam Safety Program Act (33 U.S.C. 467 et seq.), the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public 
Law 109-295; 120 Stat. 1394), the Biggert-Waters Flood Insurance Reform 
Act of 2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner 
Flood Insurance Affordability Act of 2014 (Public Law 113-89):  
Provided, That not to exceed $2,250 shall be for official reception and 
representation expenses:  Provided further, That of the total amount 
made available under this heading, $35,180,000 shall be for the Urban 
Search and Rescue Response System, of which none is available for 
Federal Emergency Management Agency administrative costs:  Provided 
further, That of the total amount made available under this heading, 
$15,500,000 shall remain available until September 30, 2018, for 
capital improvements and other expenses related to continuity of 
operations at the Mount Weather Emergency Operations Center:  Provided 
further, That of the total amount made available, $3,460,000 shall be 
for the Office of National Capital Region Coordination.

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, $1,544,469,000, which shall be allocated as follows:
            (1) $467,000,000 shall be for the State Homeland Security 
        Grant Program under section 2004 of the Homeland Security Act 
        of 2002 (6 U.S.C. 605), of which $55,000,000 shall be for 
        Operation Stonegarden:  Provided, That notwithstanding 
        subsection (c)(4) of such section 2004, for fiscal year 2017, 
        the Commonwealth of Puerto Rico shall make available to local 
        and tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $600,000,000 shall be for the Urban Area Security 
        Initiative under section 2003 of the Homeland Security Act of 
        2002 (6 U.S.C. 604), of which $20,000,000 shall be for 
        organizations (as described under section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of such code) determined by the Secretary of Homeland 
        Security to be at high risk of a terrorist attack.
            (3) $100,000,000 shall be for Public Transportation 
        Security Assistance, Railroad Security Assistance, and Over-
        the-Road Bus Security Assistance under sections 1406, 1513, and 
        1532 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182), 
        of which $10,000,000 shall be for Amtrak security and 
        $3,000,000 shall be for Over-the-Road Bus Security:  Provided, 
        That such public transportation security assistance shall be 
        provided directly to public transportation agencies.
            (4) $100,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107.
            (5) $50,000,000, to remain available until September 30, 
        2018, shall be for necessary expenses for emergent threats from 
        violent extremism.
            (6) $227,469,000 shall be to sustain current operations for 
        training, exercises, technical assistance, and other programs, 
        of which $168,989,000 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 (6) to 
acquire real property for the purpose of establishing or appropriately 
extending the security buffer zones around Federal Emergency Management 
Agency training facilities.

                     firefighter assistance grants

    For grants for programs authorized by the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, to 
remain available until September 30, 2018, of which $340,000,000 shall 
be available to carry out section 33 of that Act (15 U.S.C. 2229) and 
$340,000,000 shall be available to carry out section 34 of that Act (15 
U.S.C. 2229a).

                emergency management performance grants

    For emergency management performance grants, as authorized by the 
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. 
App.), $350,000,000.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2017, 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, 2017, and remain 
available until expended.

                   united states fire administration

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.

                          disaster relief fund

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$7,348,515,000 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 reporting requirements in paragraphs (1) and (2) 
under the heading ``Federal Emergency Management Agency, Disaster 
Relief Fund'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2017 with 
respect to budget year 2018 and current fiscal year 2017, respectively, 
by substituting ``fiscal year 2018'' for ``fiscal year 2017'' in 
paragraph (1):  Provided further, That of the amount provided under 
this heading, $6,709,000,000 shall be for major disasters declared 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.):  Provided further, That the 
amount in the preceding proviso is designated by the Congress as being 
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

             flood hazard mapping and risk analysis program

    For necessary expenses, including administrative costs, under 
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of 
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 916), $177,531,000, and such additional sums as may be 
provided by State and local governments or other political subdivisions 
for cost-shared mapping activities under section 1360(f)(2) of such Act 
(42 U.S.C. 4101(f)(2)), to remain available until expended.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 
1020), $181,799,000, which shall remain available until September 30, 
2018, and shall be derived from offsetting amounts collected under 
section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $13,436,000 shall be available for salaries and 
expenses associated with flood management and $168,363,000 shall be 
available for flood plain management and flood mapping:  Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as an offsetting collection to this account, to be available 
for flood plain management and flood mapping:  Provided further, That 
in fiscal year 2017, no funds shall be available from the National 
Flood Insurance Fund under section 1310 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4017) in excess of:
            (1) $147,042,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $1,123,000,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,061,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 shall be deposited 
in the National Flood Insurance Fund to supplement other amounts 
specified as available for section 1366 of the National Flood Insurance 
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and 
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C. 
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                  national predisaster mitigation fund

    For the predisaster mitigation grant program under section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133), $100,000,000, to remain available until expended.

                       emergency food and shelter

    To carry out the Emergency Food and Shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $100,000,000, to remain available until expended:  
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total amount made available under this heading:  Provided 
further, That the Administrator of the Federal Emergency Management 
Agency shall transfer funds appropriated under this heading to 
``Department of Housing and Urban Development, Homeless Assistance 
Grants'':  Provided further, That, when funds are transferred pursuant 
to the previous proviso, notwithstanding the references to the 
Administrator in 42 U.S.C. 11331 through 11335 and 11341, the Secretary 
of Housing and Urban Development shall carry out the functions of the 
Administrator with respect to the Emergency Food and Shelter Program, 
including with respect to the National Board:  Provided further, That 
the Federal Emergency Management Agency and the Department of Housing 
and Urban Development shall execute an Interagency Agreement within 60 
days of the date of enactment of this Act detailing how the program 
will be transitioned and ensuring that the program structure continues 
consistent with current law:  Provided further, That the President's 
budget for fiscal year 2018 submitted pursuant to section 1105(a) of 
title 31, United States Code, shall include language effectuating the 
transfer:  Provided further, That the Administrator shall be 
accountable for any amounts obligated from the ``Federal Emergency 
Management Agency, Emergency Food and Shelter'' 70  x  0707 account 
prior to the date of enactment of this Act until such time as all funds 
have been expended and all recoveries have been transferred to 
``Department of Housing and Urban Development, Homeless Assistance 
Grants''.

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$119,139,000 for the E-Verify Program, as described in section 403(a) 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note), to assist United States employers with 
maintaining a legal workforce:  Provided, That notwithstanding any 
other provision of law, funds otherwise made available to United States 
Citizenship and Immigration Services may be used to acquire, operate, 
equip, and dispose of up to 5 vehicles, for replacement only, for areas 
where the Administrator of General Services does not provide vehicles 
for lease:  Provided further, That the Director of United States 
Citizenship and Immigration Services may authorize employees who are 
assigned to those areas to use such vehicles to travel between the 
employees' residences and places of employment.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; the purchase of not to exceed 117 vehicles 
for police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $214,965,000; of which up to $50,748,000 shall 
remain available until September 30, 2018, for materials and support 
costs of Federal law enforcement basic training; and of which not to 
exceed $7,180 shall be for official reception and representation 
expenses:  Provided, That the Center is authorized to distribute funds 
to Federal law enforcement agencies for expenses incurred participating 
in training accreditation:  Provided further, 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 Public Law 114-4, is further 
amended by striking ``December 31, 2018'' and inserting ``December 31, 
2019'':  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, $27,553,000, to remain available until September 30, 
2021:  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.), $127,903,000:  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, $661,814,000, to remain available until 
September 30, 2019.

                   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, $42,222,000:  Provided, That not to exceed $2,250 shall be 
for official reception and representation expenses.

                 research, development, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $185,136,000, to 
remain available until September 30, 2019.

                          systems acquisition

    For necessary expenses for the Domestic Nuclear Detection Office 
acquisition and deployment of radiological detection systems in 
accordance with the global nuclear detection architecture, 
$120,664,000, to remain available until September 30, 2019.

                                TITLE V

                           GENERAL PROVISIONS

             (including transfers and 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 2017, 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, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by the Congress;
            (4) contracts out any function or activity presently 
        performed by Federal employees or any new function or activity 
        proposed to be performed by Federal employees in the 
        President's budget proposal for fiscal year 2017 for the 
        Department of Homeland Security;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is less;
            (6) reduces any program, project, or activity, or numbers 
        of personnel by 10 percent; or
            (7) 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.
    (b) 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.
    (c) Any transfer under this section shall be treated as a 
reprogramming of funds under subsection (a) 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), 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 2017:  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 2017 budget:  Provided further, That funds provided to the Working 
Capital Fund shall be available for obligation until expended to carry 
out the purposes of the Working Capital Fund:  Provided further, That 
all Departmental components shall be charged only for direct usage of 
each Working Capital Fund service:  Provided further, That funds 
provided to the Working Capital Fund shall be used only for purposes 
consistent with the contributing component:  Provided further, That the 
Working Capital Fund shall be paid in advance or reimbursed at rates 
which will return the full cost of each service:  Provided further, 
That the Committees on Appropriations of the Senate and the House of 
Representatives shall be notified of any activity added to or removed 
from the fund:  Provided further, That for any activity added to the 
fund, the notification shall identify sources of funds by program, 
project, and activity:  Provided further, That the Chief Financial 
Officer of the Department of Homeland Security shall submit a quarterly 
execution report with activity level detail, not later than 30 days 
after the end of each quarter.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2017, as recorded in the financial records at the 
time of a reprogramming request, but not later than June 30, 2018, from 
appropriations for salaries and expenses for fiscal year 2017 in this 
Act shall remain available through September 30, 2018, in the account 
and for the purposes for which the appropriations were provided:  
Provided, That prior to the obligation of such funds, a request shall 
be submitted to the Committees on Appropriations of the Senate and the 
House of Representatives for approval in accordance with section 503 of 
this Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2017 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2017.
    Sec. 507. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used to--
            (1) make or award a grant allocation, grant, contract, 
        other transaction agreement, or task or delivery order on a 
        Department of Homeland Security multiple award contract, or to 
        issue a letter of intent totaling in excess of $1,000,000;
            (2) award a task or delivery order requiring an obligation 
        of funds in an amount greater than $10,000,000 from multi-year 
        Department of Homeland Security funds;
            (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 from which the funds are being 
        drawn.
    (e) The Administrator of the Federal Emergency Management Agency 
shall brief the Committees on Appropriations of the Senate and the 
House of Representatives 5 full business days in advance of announcing 
publicly the intention of making an award under ``State and Local 
Programs''.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training that 
cannot be accommodated in existing Center facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 520, 522, and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 
121 Stat. 2073 and 2074) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act. 
For purposes of the preceding sentence, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513.  Not later than 30 days after the last day of each month, 
the Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a monthly budget and staffing report for that 
month that includes total obligations of the Department for that month 
for the fiscal year at the appropriation and program, project, and 
activity levels, by the source year of the appropriation:  Provided, 
That total obligations for staffing shall also be provided by 
subcategory of on-board and funded full-time equivalent staffing 
levels, respectively:  Provided further, That the report shall specify 
the number of, and total obligations for, contract employees for each 
office of the Department.
    Sec. 514.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided by employees (including 
employees serving on a temporary or term basis) of United States 
Citizenship and Immigration Services of the Department of Homeland 
Security who are known as Immigration Information Officers, Immigration 
Service Analysts, Contact Representatives, Investigative Assistants, or 
Immigration Services Officers.
    Sec. 515.  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. 516. (a) Notwithstanding section 518 of Public Law 114-113, 
the Secretary of Homeland Security shall submit a report not later than 
October 15, 2017, to the Inspector General of the Department of 
Homeland Security listing all grants and contracts awarded by any means 
other than full and open competition during fiscal years 2016 and 2017.
    (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, 2018.
    Sec. 517.  None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    Sec. 518. (a) None of the funds appropriated by this or previous 
appropriations Acts may be used to establish a Chemical, Biological, 
Radiological, Nuclear, and Explosives Office until such time as the 
Congress has authorized such establishment.
    (b) Subject to the limitation in subsection (a) and notwithstanding 
section 503 of this Act, the Secretary may transfer funds for the 
purpose of executing authorization of the Chemical, Biological, 
Radiological, Nuclear, and Explosives Office.
    (c) Not later than 15 days before transferring funds pursuant to 
subsection (b), the Secretary of Homeland Security shall submit a 
report to the Committees on Appropriations of the Senate and the House 
of Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on Homeland Security of the 
House of Representatives on--
            (1) the transition plan for the establishment of the 
        office; and
            (2) the funds and positions to be transferred by source.
    Sec. 519.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 520.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2016,'' and inserting ``Until September 30, 2017,''; and
            (2) in subsection (c)(1), by striking ``September 30, 
        2016,'' and inserting ``September 30, 2017,''.
    Sec. 521.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 522.  Notwithstanding any other provision of law, none of the 
funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to 46 
U.S.C. 501(b) for the transportation of crude oil distributed from and 
to the Strategic Petroleum Reserve until the Secretary of Homeland 
Security, after consultation with the Secretaries of the Departments of 
Energy and Transportation and representatives from the United States 
flag maritime industry, takes adequate measures to ensure the use of 
United States flag vessels:  Provided, That the Secretary shall notify 
the Committees on Appropriations of the Senate and the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Transportation and Infrastructure 
of the House of Representatives within 2 business days of any request 
for waivers of navigation and vessel-inspection laws pursuant to 46 
U.S.C. 501(b) and the disposition of such requests.
    Sec. 523.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act:  Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 524.  None of the funds in this Act shall be used to reduce 
the Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
    Sec. 525.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9703.1(g)(4)(B) of 
title 31, United States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security:  Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives approve 
the proposed transfers.
    Sec. 526.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 527.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 528.  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. 529.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 530.  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. 531.  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. 532.  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. 533.  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. 534.  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. 535. (a) Notwithstanding section 1356(n) of title 8, United 
States Code, of the funds deposited into the Immigration Examinations 
Fee Account, up to $10,000,000 may be allocated by United States 
Citizenship and Immigration Services in fiscal year 2017 for the 
purpose of providing an immigrant integration grants program.
    (b) None of the funds made available to United States Citizenship 
and Immigration Services for grants for immigrant integration may be 
used to provide services to aliens who have not been lawfully admitted 
for permanent residence.
    Sec. 536.  For an additional amount for the ``Office of the Under 
Secretary for Management'', $225,532,000, 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 this Act detailing the allocation 
of these funds.
    Sec. 537.  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. 538. (a) For an additional amount for financial systems 
modernization, $41,215,000 to remain available until September 30, 
2018.
    (b) Funds made available in subsection (a) for financial systems 
modernization may be transferred by the Secretary of Homeland Security 
between appropriations for the same purpose, notwithstanding section 
503 of this Act.
    (c) No transfer described in subsection (b) shall occur until 15 
days after the Committees on Appropriations of the Senate and the House 
of Representatives are notified of such transfer.
    Sec. 539.  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. 540.  The Secretary of Homeland Security shall ensure 
enforcement of all immigration laws (as defined in section 101(a)(17) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
    Sec. 541. (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. 542.  None of the funds made available in this Act may be used 
by a Federal law enforcement officer to facilitate the transfer of an 
operable firearm to an individual if the Federal law enforcement 
officer knows or suspects that the individual is an agent of a drug 
cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 543.  None of the funds made available in this Act may be used 
to provide funding for the position of Public Advocate, or a successor 
position, within U.S. Immigration and Customs Enforcement.
    Sec. 544.  Notwithstanding section 559(e)(3)(B) of division F of 
Public Law 113-76 and section 560(g) of division D of Public Law 113-6, 
U.S. Customs and Border Protection may also receive reimbursement for 
the cost of up to five full-time equivalent officers under the programs 
established in such sections.
    Sec. 545. (a) Chapter 212A of title 18, United States Code, is 
amended as follows:
            (1) in the chapter heading, by striking ``TRAFFICKING IN 
        PERSONS''; and
            (2) by adding after section 3272 the following:
``Sec. 3273. Offenses committed by certain United States personnel 
              stationed in Canada in furtherance of border security 
              initiatives
    ``(a) In General.--Whoever, while employed by the Department of 
Homeland Security or the Department of Justice and stationed or 
deployed in Canada pursuant to a treaty, executive agreement, or 
bilateral memorandum in furtherance of a border security initiative, 
engages in conduct (or conspires or attempts to engage in conduct) in 
Canada that would constitute an offense for which a person may be 
prosecuted in a court of the United States had the conduct been engaged 
in within the United States or within the special maritime and 
territorial jurisdiction of the United States shall be fined or 
imprisoned, or both, as provided for that offense.
    ``(b) Definition.--In this section, the term `employed by the 
Department of Homeland Security or the Department of Justice' means--
            ``(1) being employed as a civilian employee, a contractor 
        (including a subcontractor at any tier), an employee of a 
        contractor (or a subcontractor at any tier), a grantee 
        (including a contractor of a grantee or a subgrantee or 
        subcontractor at any tier), or an employee of a grantee (or a 
        contractor of a grantee or a subgrantee or subcontractor at any 
        tier) of the Department of Homeland Security or the Department 
        of Justice;
            ``(2) being present or residing in Canada in connection 
        with such employment; and
            ``(3) not being a national of or ordinarily resident in 
        Canada.''.
    (b) Part II of title 18, United States Code, is amended as follows:
            (1) in the table of chapters, by striking the item relating 
        to chapter 212A and inserting the following:

``212A. Extraterritorial jurisdiction over certain offenses.    3271'';
        and
            (2) in the table of sections for chapter 212A, by inserting 
        after the item relating to section 3272 the following:

``3273. Offenses committed by certain United States personnel stationed 
                            in Canada in furtherance of border security 
                            initiatives.''.
    (c) Nothing in this section or the amendments made by this section 
shall be construed to infringe upon or otherwise affect the exercise of 
prosecutorial discretion by the Department of Justice in implementing 
this section and the amendments made by this section.
    (d) This section may be cited as the ``Promoting Travel, Commerce, 
and National Security Act of 2016''.
    Sec. 546.  None of the funds made available in this Act may be used 
to pay for the travel to or attendance of more than 50 employees of a 
single component of the Department of Homeland Security, who are 
stationed in the United States, at a single international conference 
unless the Secretary of Homeland Security, or a designee, determines 
that such attendance is in the national interest and notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives within at least 10 days of that determination and the 
basis for that determination:  Provided, That for purposes of this 
section the term ``international conference'' shall mean a conference 
occurring outside of the United States attended by representatives of 
the United States Government and of foreign governments, international 
organizations, or nongovernmental organizations:  Provided further, 
That the total cost to the Department of Homeland Security of any such 
conference shall not exceed $500,000.
    Sec. 547.  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. 548.  None of the funds made available by this or any other 
Act may be used by the Administrator of the Transportation Security 
Administration to implement, administer, or enforce, in abrogation of 
the responsibility described in section 44903(n)(1) of title 49, United 
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any 
airport at which the Transportation Security Administration provided 
such monitoring as of December 1, 2013.
    Sec. 549.  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. 550.  None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for any 
structural pay reform that affects more than 100 full-time positions or 
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland 
Security submits to the Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current year 
        and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) an analysis of compensation alternatives to such change 
        that were considered by the Department.
    Sec. 551. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public Web site 
of that agency any report required to be submitted by the Committees on 
Appropriations of the Senate and the House of Representatives in this 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland 
        or national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of the Congress for no less than 45 days except as 
otherwise specified in law.
    Sec. 552. (a) In General.--Beginning on the date of enactment of 
this Act, the Secretary of Homeland Security 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. 553.  Notwithstanding any other provision of law, grants 
awarded to States along the Southwest Border of the United States under 
sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 
604 and 605) using funds provided under the heading ``Federal Emergency 
Management Agency, State and Local Programs'' in this Act, Public Law 
114-4, division F of Public Law 113-76, or division D of Public Law 
113-6 may be used by recipients or sub-recipients for costs, or 
reimbursement of costs, related to providing humanitarian relief to 
unaccompanied alien children and alien adults accompanied by an alien 
minor where they are encountered after entering the United States, 
provided that such costs were incurred between January 1, 2014, and 
December 31, 2014, or during the award period of performance.
    Sec. 554.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's budget 
proposal to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on the Department of 
Homeland Security that assumes revenues or reflects a reduction from 
the previous year due to user fees proposals that have not been enacted 
into law prior to the submission of the budget unless such budget 
submission identifies which additional spending reductions should occur 
in the event the user fees proposals are not enacted prior to the date 
of the convening of a committee of conference for the fiscal year 2018 
appropriations Act.
    Sec. 555.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 556.  Notwithstanding 42 U.S.C. 5170c(b)(2)(ii), the FEMA 
Administrator may allow the construction of an earthen levee by a 
State, local, or tribal government on covered hazard mitigation land:  
Provided, That such construction constitutes part of a flood control 
project, is constructed of naturally-occurring materials, and conforms 
to other criteria as established by the FEMA Administrator through 
policy.
    Sec. 557.  The Administrator of the Federal Emergency Management 
Agency shall transfer $56,872,752 in unobligated balances made 
available for the appropriations account for ``Federal Emergency 
Management Agency, Disaster Assistance Direct Loan Program Account'' by 
section 4502 of Public Law 110-28 to the appropriations account for 
``Federal Emergency Management Agency, Disaster Relief Fund'':  
Provided, That amounts transferred to such account under this section 
shall be available for any authorized purpose of such account:  
Provided further, That amounts transferred pursuant to this section 
that were previously designated by the Congress as an emergency 
requirement pursuant to a concurrent resolution on the budget are 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 and shall be transferred only if the President 
subsequently so designates the entire transfer and transmits such 
designation to the Congress.
    Sec. 558.  Section 118 of the Treasury and General Government 
Appropriations Act, 2001 (as enacted into law by section 1(3) of Public 
Law 106-554; 114 Stat. 2763A-134) is amended, in the first sentence, by 
striking ``for the year would'' and inserting ``for calendar years 2016 
and 2020, would exceed the rate of basic pay payable for level III of 
the Executive Schedule, and for any other year, would''.

                             (rescissions)

    Sec. 559.  Of the funds appropriated to the Department of Homeland 
Security, the following funds are hereby rescinded from the following 
accounts and programs in the specified amounts:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177):
            (1) $95,000,000 from Public Law 109-88;
            (2) $3,000,000 from unobligated prior year balances from 
        ``Office of the Chief Information Officer'';
            (3) $15,850,000 from unobligated prior year balances from 
        ``U.S. Customs and Border Protection, Automation 
        Modernization'';
            (4) $17,750,000 from unobligated prior year balances from 
        ``U.S. Customs and Border Protection, Border Security, Fencing, 
        Infrastructure, and Technology'';
            (5) $10,157,000 from unobligated prior year balances from 
        ``U.S. Customs and Border Protection, Air and Marine 
        Operations'';
            (6) $15,000,000 from unobligated prior year balances from 
        ``U.S. Customs and Border Protection, Construction and 
        Facilities Management'';
            (7) $45,000,000 from Public Law 114-4 under the heading 
        ``U.S. Immigration and Customs Enforcement, Salaries and 
        Expenses'';
            (8) $35,000,000 from Public Law 114-113 under the heading 
        ``U.S. Immigration and Customs Enforcement, Salaries and 
        Expenses'';
            (9) $7,000,000 from unobligated prior year balances from 
        ``U.S. Immigration and Customs Enforcement, Construction'';
            (10) $12,000,000 from Public Law 114-113 under the heading 
        ``Transportation Security Administration, Aviation Security'';
            (11) $23,000,000 from Public Law 114-113 under the heading 
        ``Transportation Security Administration, Transportation 
        Security Support'';
            (12) $4,200,000 from Public Law 113-6 under the heading 
        ``Coast Guard, Acquisition, Construction, and Improvements'';
            (13) $19,300,000 from Public Law 113-76 under the heading 
        ``Coast Guard, Acquisition, Construction, and Improvements'';
            (14) $16,500,000 from Public Law 114-4 under the heading 
        ``Coast Guard, Acquisition, Construction, and Improvements''; 
        and
            (15) $17,286,691 from unobligated prior year balances from 
        ``Federal Emergency Management Agency, State and Local 
        Programs'' account 70 x 0560.

                             (rescissions)

    Sec. 560.  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) $767,001 from ``Department Operations'' account 
        70 x 0100;
            (2) $621,375 from ``U.S. Immigration and Customs 
        Enforcement, Salaries and Expenses''; and
            (3) $15,238 from ``Federal Emergency Management Agency, 
        Office of Domestic Preparedness''.

                              (rescission)

    Sec. 561.  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.

                              (rescission)

    Sec. 562.  Of the unobligated balances made available to ``Federal 
Emergency Management Agency, Disaster Relief Fund'', $794,126,000 shall 
be rescinded:  Provided, That no amounts may be rescinded from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985:  Provided further, 
That no amounts may be rescinded from the amounts that were designated 
by the Congress as being for disaster relief pursuant to section 
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2017''.
                                                       Calendar No. 501

114th CONGRESS

  2d Session

                                S. 3001

                          [Report No. 114-264]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2017, and for other purposes.

_______________________________________________________________________

                              May 26, 2016

                 Read twice and placed on the calendar