[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3355 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 171
115th CONGRESS
  1st Session
                                H. R. 3355

                          [Report No. 115-239]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2018, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2017

Mr. Carter of Texas, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2018, 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, 2018, and for other purposes, namely:

                                TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $138,997,000:  
Provided, That not to exceed $30,000 shall be for official reception 
and representation expenses.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, $696,131,000, of which $227,516,000 shall remain available 
until September 30, 2019:  Provided, That not to exceed $2,000 shall be 
for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $27,755,000, to remain 
available until September 30, 2019.

                        research and development

    For necessary expenses of the Management Directorate for research 
and development, $2,545,000, to remain available until September 30, 
2019.

          Intelligence, Analysis, and Operations Coordination

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Operations Coordination for operations and support, 
$252,405,000, of which $77,915,000 shall remain available until 
September 30, 2019:  Provided, That not to exceed $3,825 shall be for 
official reception and representation expenses.

                      Office of Inspector General

                         operations and support

    For necessary expenses of the Office of Inspector General for 
operations and support, $154,830,000:  Provided, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                       Administrative Provisions

    Sec. 101.  Hereafter, 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 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 the Homeland Security Act of 2002 (6 U.S.C. 454).
    Sec. 102.  Hereafter, 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 that includes total obligations of the Department for 
that month and for the fiscal year at the appropriation and program, 
project, and activity levels, by the source year of the appropriation, 
not later than 30 days after the last day of each month.
    Sec. 103. (a) Notwithstanding section 518 of division F of the 
Consolidated Appropriations Act, 2016 (Public Law 114-113), the 
Secretary of Homeland Security shall submit a report not later than 
October 15, 2018, 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 2017 and 2018.
    (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, 2019.
    Sec. 104.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes, which shall be 
specified in terms of cost, schedule, and performance.
    Sec. 105.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9703(g)(4)(B) of 
title 31, United States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security:  Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified of the proposed transfers.
    Sec. 106. (a) All official costs associated with the use of 
Government aircraft by Department of Homeland Security personnel to 
support official travel of the Secretary and the Deputy Secretary shall 
be paid from amounts made available for the Office of the Secretary.
    (b) A travel report of all direct and indirect costs of official 
and nonofficial travel by the Secretary and Deputy Secretary by 
appropriation to the Committees on Appropriations of the Senate and the 
House of Representatives not later than 30 days after the end of fiscal 
year 2018.
    Sec. 107. (a) 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 2017 
on visa overstay data by country as required by section 1376 of title 
8, United States Code: Provided, 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.
    (b) The Secretary of Homeland Security shall publish on the 
Department's website the metrics developed to measure the effectiveness 
of security between the ports of entry, including the methodology and 
data supporting the resulting measures.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
minor aliens; the provision of air and marine support to Federal, 
State, and local agencies in the enforcement or administration of laws 
enforced by the Department of Homeland Security; at the discretion of 
the Secretary of Homeland Security, the provision of such support to 
Federal, State, and local agencies in other law enforcement and 
emergency humanitarian efforts; the purchase and lease of up to 7,500 
(6,500 for replacement only) police-type vehicles; the purchase, 
maintenance, or operation of marine vessels, aircraft, and unmanned 
aerial systems; and contracting with individuals for personal services 
abroad; $11,553,315,000; of which $3,274,000 shall be derived from the 
Harbor Maintenance Trust Fund for administrative expenses related to 
the collection of the Harbor Maintenance Fee pursuant to section 
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) 
and notwithstanding section 1511(e)(1) of the Homeland Security Act of 
2002 (6 U.S.C. 551(e)(1)); of which $681,441,500 shall be available 
until September 30, 2019; and of which such sums as become available in 
the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:  
Provided, That not to exceed $34,425 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$15,000,000 may be transferred to the Bureau of Indian Affairs for the 
maintenance and repair of roads on Native American reservations, as 
required by the Border Patrol:  Provided further, That not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations:  Provided further, That not to exceed 
$1,000,000 shall be for awards of compensation to informants, to be 
accounted for solely under the certificate of the Secretary of Homeland 
Security.

              procurement, construction, and improvements

    For necessary expenses for U.S. Customs and Border Protection for 
procurement, construction, and improvements, including procurement of 
aircraft and unmanned aerial systems, $2,008,719,000, of which 
$1,948,944,000 shall remain available until September 30, 2020, and of 
which $59,775,000 shall remain available until September 30, 2022.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas 
vetted units; and maintenance, minor construction, and minor leasehold 
improvements at owned and leased facilities; $7,002,043,000; of which 
$6,000,000 shall remain available until expended for efforts to enforce 
laws against forced child labor; of which $33,700,000 shall remain 
available until September 30, 2019; of which not less than 
$4,413,244,000 shall be for enforcement, detention, and removal 
operations, including transportation of unaccompanied minor aliens:  
Provided, That not to exceed $11,475 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$10,000,000 shall be available until expended for conducting special 
operations under section 3131 of the Customs Enforcement Act of 1986 
(19 U.S.C. 2081):  Provided further, That not to exceed $2,000,000 
shall be for awards of compensation to informants, to be accounted for 
solely under the certificate of the Secretary of Homeland Security:  
Provided further, That not to exceed $11,216,000 shall be available to 
fund or reimburse other Federal agencies for the costs associated with 
the care, maintenance, and repatriation of smuggled aliens unlawfully 
present in the United States.

              procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $52,899,000, to remain 
available until September 30, 2020.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security 
Administration for operations and support, $7,082,874,000, of which 
$1,770,719,000 shall remain available until September 30, 2019:  
Provided, That not to exceed $7,650 shall be for official reception and 
representation expenses:  Provided further, That security service fees 
authorized under section 44940 of title 49, United States Code, shall 
be credited to this appropriation as offsetting collections and shall 
be available only for aviation security:  Provided further, That the 
sum appropriated under this heading from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting collections are 
received during fiscal year 2018 so as to result in a final fiscal year 
appropriation from the general fund estimated at not more than 
$4,612,874,000.

              procurement, construction, and improvements

    For necessary expenses of the Transportation Security 
Administration for procurement, construction, and improvements, 
$53,314,000, to remain available until September 30, 2020.

                        research and development

    For necessary expenses of the Transportation Security 
Administration for research and development, $20,190,000, to remain 
available until September 30, 2019.

                              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 not more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase, lease, or improvement of other equipment (at a unit cost of 
not 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; $7,163,464,000; of which 
$340,000,000 shall be for defense-related activities; of which 
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)):  Provided, That not to exceed $23,000 
shall be for official reception and representation expenses.

                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, $13,397,000, to remain available until 
September 30, 2022.

                            reserve training

    For necessary expenses of the Coast Guard Reserve; operations and 
maintenance of the Coast Guard Reserve Program; personnel and training 
costs; and equipment and services; $114,875,000.

              acquisition, construction, and improvements

    For necessary expenses of the Coast Guard for acquisition, 
construction, renovation, and improvement of aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), vessels, and aircraft, including equipment 
related thereto, $1,298,745,000; 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 $1,256,655,000 shall be available until 
September 30, 2022.

              research, development, test, and evaluation

    For necessary expenses of the Coast Guard for research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; $18,641,000; to 
remain available until September 30, 2020, 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, and payments for medical care of retired 
personnel and their dependents under chapter 55 of title 10, United 
States Code, $1,673,000,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 
vehicles for police-type use for replacement only; hire of passenger 
motor vehicles; purchase of motorcycles made in the United States; hire 
of aircraft; rental of buildings in the District of Columbia; fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may be necessary to 
perform protective functions; conduct of and participation in firearms 
matches; presentation of awards; conduct of behavioral research in 
support of protective intelligence and operations; payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$1,893,215,000; of which $33,692,000 shall remain available until 
September 30, 2019, of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children; 
and of which not less than $13,869,000 shall be for activities related 
to training in electronic crimes investigations and forensics:  
Provided, That not to exceed $19,125 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations.

              procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $64,030,000, to remain 
available until September 30, 2020.

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $250,000, to remain available until September 
30, 2019.

                       Administrative Provisions

    Sec. 201.  Section 201 of the Department of Homeland Security 
Appropriations Act, 2017 (division F of Public Law 115-31), related to 
overtime compensation limitations, shall apply with respect to funds 
made available in this Act in the same manner as such section applied 
to funds made available in that Act.
    Sec. 202.  Funding made available under the heading ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico in addition to 
funding provided by 48 U.S.C. 740.
    Sec. 203.  Hereafter, no U.S. Customs and Border Protection 
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 without prior notice to the Committees on Appropriations of 
the Senate and the House of Representatives.
    Sec. 204.  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. 205.  For an additional amount for ``U.S. Customs and Border 
Protection--Operations and Support'', $39,000,000, to remain available 
until expended, to be reduced by amounts collected and credited to this 
appropriation in fiscal year 2018 from amounts authorized to be 
collected by section 286(i) of the Immigration and Nationality Act (8 
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade 
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-125):  
Provided, That to the extent that amounts realized from such 
collections exceed $39,000,000, those amounts in excess of $39,000,000 
shall be credited to this appropriation, to remain available until 
expended.
    Sec. 206.  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. 207.  Notwithstanding any other provision of law, none of the 
funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for the transportation of crude 
oil distributed from and to the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representatives 
from the United States flag maritime industry, takes adequate measures 
to ensure the use of United States flag vessels for such 
transportation:  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 such 
section with respect to such transportation, and the disposition of 
such requests.
    Sec. 208. (a) None of the funds made available by this Act may be 
used to approve, license, facilitate, authorize, or otherwise allow the 
trafficking or import of property confiscated by the Cuban Government.
    (b) In this section, the terms ``confiscated'', ``Cuban 
Government'', ``property'', and ``traffic'' have the meanings given 
such terms in paragraphs (4), (5), (12)(A), and (13), respectively, of 
section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 
of 1996 (2216 U.S.C. 6023).
    Sec. 209.  Without regard to the limitation as to time and 
condition of section 503(d), the Secretary may reprogram within and 
transfer funds to ``U.S. Immigration and Customs Enforcement--
Operations and Support'' as necessary to ensure the detention of aliens 
prioritized for removal.
    Sec. 210.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue a delegation of law enforcement authority authorized 
under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been materially violated.
    Sec. 211.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue any contract for the provision of detention services 
if the two most recent overall performance evaluations received by the 
contracted facility are less than ``adequate'' or the equivalent median 
score in any subsequent performance evaluation system.
    Sec. 212.  Members of the House of Representatives and the 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 Attorney General, Deputy Attorney General, Assistant 
Attorneys General, and United States Attorneys; and senior members of 
the Executive Office of the President, including the Director of the 
Office of Management and Budget, shall not be exempt from Federal 
passenger and baggage screening.
    Sec. 213.  Notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2018, any funds in the Aviation Security Capital 
Fund established by section 44923(h) of title 49, United States Code, 
may be used for the procurement and installation of explosives 
detection systems or for the issuance of other transaction agreements 
for the purpose of funding projects described in section 44923(a) of 
such title.
    Sec. 214.  None of the funds made available by this Act under the 
heading ``Coast Guard--Operating Expenses'' shall be for expenses 
incurred for recreational vessels under section 12114 of title 46, 
United States Code, except to the extent fees are collected from owners 
of yachts and credited to the appropriation made available by this Act 
under the heading ``Coast Guard--Operating Expenses'':  Provided, That 
to the extent such fees are insufficient to pay expenses of 
recreational vessel documentation under such section 12114, and there 
is a backlog of recreational vessel applications, personnel performing 
non-recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114.
    Sec. 215.  Without regard to the limitation as to time and 
condition of section 503(d), after June 30, up to $10,000,000 may be 
reprogrammed to or from the Military Pay and Allowances funding 
category within ``Coast Guard--Operating Expenses'' in accordance with 
subsection (a) of section 503.
    Sec. 216.  The United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from Federal agencies 
and entities, as defined in section 105 of title 5, United States Code, 
for personnel receiving training sponsored by the James J. Rowley 
Training Center, except that total obligations at the end of the fiscal 
year shall not exceed total budgetary resources available under the 
heading ``United States Secret Service--Operations and Support'' at the 
end of the fiscal year.
    Sec. 217.  None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security:  Provided, That the Director 
of the Secret Service may enter into agreements to provide such 
protection on a fully reimbursable basis.
    Sec. 218.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 219.  Funding made available in this Act for ``United States 
Secret Service--Operations and Support'' is available for travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if the Director of the United States Secret Service or a designee 
notifies the Committees on Appropriations of the Senate and the House 
of Representatives 10 or more days in advance, or as early as 
practicable, prior to such expenditures.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                         operations and support

    For necessary expenses of the National Protection and Programs 
Directorate for operations and support, $1,427,062,000, of which 
$8,912,000 shall remain available until September 30, 2019:  Provided, 
That not to exceed $3,825 shall be for official reception and 
representation expenses.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally owned and leased buildings and 
for the operations of the Federal Protective Service.

              procurement, construction, and improvements

    For necessary expenses of the National Protection and Programs 
Directorate for procurement, construction, and improvements, 
$335,033,000, to remain available until September 30, 2019.

                        research and development

    For necessary expenses of the National Protection and Programs 
Directorate for research and development, $11,126,000, to remain 
available until September 30, 2019.

                        Office of Health Affairs

                         operations and support

    For necessary expenses of the Office of Health Affairs for 
operations and support, $119,319,000, of which $13,520,000 shall remain 
available until September 30, 2019.

                  Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,027,135,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $76,578,000, to remain 
available until September 30, 2019.

                           federal assistance

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,003,798,000, which shall be allocated as 
follows:
            (1) $467,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $55,000,000 shall be for Operation 
        Stonegarden:  Provided, That notwithstanding subsection (c)(4) 
        of such section 2004, for fiscal year 2018, 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) $630,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604), of which $50,000,000 shall be for organizations 
        (as described under section 501(c)(3) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) of such 
        code) determined by the Secretary of Homeland Security to be at 
        high risk of a terrorist attack.
            (3) $100,000,000 for Public Transportation Security 
        Assistance and Railroad Security Assistance under sections 1406 
        and 1513 of the Implementing Recommendations of the 9/11 
        Commission Act of 2007 (6 U.S.C. 1135 and 1163), of which 
        $10,000,000 shall be for Amtrak security.
            (4) $100,000,000 for Port Security Grants in accordance 
        with section 70107 of title 46, United States Code.
            (5) $690,000,000, to remain available until September 30, 
        2018, of which $345,000,000 shall be for Assistance to 
        Firefighter Grants and $345,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34 respectively of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            (6) $350,000,000 for emergency management performance 
        grants under the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001), the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
        Hazards Reduction Act of 1977 (42 U.S.C. 7701), 6 U.S.C. 762, 
        and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
            (7) $100,000,000 for the National Predisaster Mitigation 
        Fund under section 203 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5133), to remain 
        available until expended.
            (8) $177,531,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement any 
        other sums appropriated under the National Flood Insurance 
        Fund, and such additional sums as may be provided by States or 
        other political subdivisions for cost-shared mapping activities 
        under section 1360(f)(2) of the National Flood Insurance Act of 
        1968 (42 U.S.C. 4101(f)(2)), to remain available until 
        expended.
            (9) $120,000,000 for the emergency food and shelter program 
        under title III of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11331), to remain available until expended:  
        Provided, That not to exceed 3.5 percent shall be for total 
        administrative costs.
            (10) $269,267,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$7,327,720,000, to remain available until expended, of which 
$6,793,000,000 shall be for major disasters declared pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) and is designated by the Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     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), $203,500,000, to remain available until September 30, 2019, 
which shall be derived from offsetting amounts collected under section 
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $13,573,000 shall be available for mission support 
associated with flood management; and of which $189,927,000 shall be 
available for flood plain management and flood mapping:  Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as offsetting collections to this account, to be available for 
flood plain management and flood mapping:  Provided further, That in 
fiscal year 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) $165,224,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $1,123,000,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 shall be deposited 
in the National Flood Insurance Fund to supplement other amounts 
specified as available for section 1366 of the National Flood Insurance 
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and 
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C. 
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 301.  Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (4) under ``Federal Emergency Management 
Agency--Federal Assistance'', may be used by the grantee for expenses 
directly related to administration of the grant.
    Sec. 302.  Applications for grants under the heading ``Federal 
Emergency Management Agency--Federal Assistance'', for paragraphs (1) 
through (4), shall be made available to eligible applicants not later 
than 60 days after the date of enactment of this Act, eligible 
applicants shall submit applications not later than 80 days after the 
grant announcement, and the Administrator of the Federal Emergency 
Management Agency shall act within 65 days after the receipt of an 
application.
    Sec. 303.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(4), the Administrator of the Federal Emergency Management Agency shall 
brief the Committees on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of announcing publicly 
the intention of making an award.
    Sec. 304.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) and (2), 
the installation of communications towers is not considered 
construction of a building or other physical facility.
    Sec. 305.  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--Federal Assistance'' for grants under paragraph (1) 
in this Act, or under the heading ``Federal Emergency Management 
Agency--State and Local Programs'' in 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. 306.  The aggregate charges assessed during fiscal year 2018, 
as authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security to be 
necessary for its Radiological Emergency Preparedness Program for the 
next fiscal year:  Provided, That the methodology for assessment and 
collection of fees shall be fair and equitable and shall reflect costs 
of providing such services, including administrative costs of 
collecting such fees:  Provided further, That such fees shall be 
deposited in a Radiological Emergency Preparedness Program account as 
offsetting collections and will become available for authorized 
purposes on October 1, 2018, and remain available until expended.

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support of the E-Verify Program, $108,856,000.

              procurement, construction, and improvements

    For necessary expenses of U.S. Citizenship and Immigration Services 
for procurement, construction, and improvements of the E-Verify 
Program, $22,657,000, to remain available until September 30, 2021.

                Federal Law Enforcement Training Centers

                         operations and support

    For necessary expenses of the Federal Law Enforcement Training 
Centers for operations and support, including the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger motor 
vehicles, and services as authorized by section 3109 of title 5, United 
States Code, $260,099,000, of which $49,409,000 shall remain available 
until September 30, 2019:  Provided, That not to exceed $7,180 shall be 
for official reception and representation expenses.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate 
for operations and support, including the purchase or lease of not to 
exceed 5 vehicles, $254,618,000, of which $134,795,000 shall remain 
available until September 30, 2019:  Provided, That not to exceed 
$7,650 shall be for official reception and representation expenses.

                        research and development

    For necessary expenses of the Science and Technology Directorate 
for research and development, $383,482,000, to remain available until 
September 30, 2020.

                   Domestic Nuclear Detection Office

                         operations and support

    For necessary expenses of the Domestic Nuclear Detection Office for 
operations and support, $54,664,000:  Provided, That not to exceed 
$2,250 shall be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Domestic Nuclear Detection Office for 
procurement, construction, and improvements, $87,096,000, to remain 
available until September 30, 2020.

                        research and development

    For necessary expenses of the Domestic Nuclear Detection Office for 
research and development, $144,161,000, to remain available until 
September 30, 2020.

                           federal assistance

    For necessary expenses of the Domestic Nuclear Detection Office for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $44,519,000, to remain available until September 
30, 2020.

                       Administrative Provisions

    Sec. 401.  Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 
vehicles, for replacement only, for areas where the Administrator of 
General Services does not provide vehicles for lease:  Provided, That 
the Director of U.S. Citizenship and Immigration Services may authorize 
employees who are assigned to those areas to use such vehicles to 
travel between the employees' residences and places of employment.
    Sec. 402.  None of the funds made available in this Act may be used 
by U.S. Citizenship and Immigration Services to grant an immigration 
benefit unless the results of background checks required by law to be 
completed prior to the granting of the benefit have been received by 
U.S. Citizenship and Immigration Services, and the results do not 
preclude the granting of the benefit.
    Sec. 403.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided by employees (including 
employees serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service 
Analysts, Contact Representatives, Investigative Assistants, or 
Immigration Services Officers.
    Sec. 404. (a) Notwithstanding section 1356(n) of title 8, United 
States Code, of the funds deposited into the Immigration Examinations 
Fee Account, up to $10,000,000 may be allocated by U.S. Citizenship and 
Immigration Services in fiscal year 2018 for the purpose of providing 
an immigrant integration grants program.
    (b) None of the funds made available to U.S. Citizenship and 
Immigration Services for grants for immigrant integration under 
subsection (a) may be used to provide services to aliens who have not 
been lawfully admitted for permanent residence.
    Sec. 405.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 406.  The Federal Law Enforcement Training Accreditation 
Board, including representatives from the Federal law enforcement 
community and non-Federal accreditation experts involved in law 
enforcement training, shall lead the Federal law enforcement training 
accreditation process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors.
    Sec. 407. (a) There is to be established a ``Federal Law 
Enforcement Training Centers--Procurement, Construction, and 
Improvements'' appropriations account for planning, operational 
development, engineering, and purchases prior to sustainment and for 
information technology-related procurement, construction, and 
improvements, including non-tangible assets of the Federal Law 
Enforcement Training Centers.
    (b) The Director of the Federal Law Enforcement Training Centers 
may accept transfers to the account established by subsection (a) from 
Government agencies requesting the construction of special use 
facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)):  
Provided, That the Federal Law Enforcement Training Centers maintain 
administrative control and ownership upon completion of such 
facilities.
    Sec. 408.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).

                                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 components in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2018, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the components funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates or eliminates a program, project, or activity, 
        or increases funds for any program, project, or activity for 
        which funds have been denied or restricted by the Congress;
            (2) contracts out any function or activity presently 
        performed by Federal employees or any new function or activity 
        proposed to be performed by Federal employees in the 
        President's budget proposal for fiscal year 2018 for the 
        Department of Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more;
            (5) reorganizes components; or
            (6) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.
    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such reprogramming.
    (c) Up to 5 percent of any appropriation made available for the 
current fiscal year for the Department of Homeland Security by this Act 
or provided by previous appropriations Acts may be transferred between 
such appropriations if the Committees on Appropriations of the Senate 
and the House of Representatives are notified at least 30 days in 
advance of such transfer, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfer.
    (d) Notwithstanding subsections (a), (b), and (c), no funds shall 
be reprogrammed within or transferred between appropriations based upon 
an initial notification provided after June 30, except in extraordinary 
circumstances that imminently threaten the safety of human life or the 
protection of property.
    (e) The notification thresholds and procedures set forth in 
subsections (a), (b), (c), and (d) shall apply to any use of 
deobligated balances of funds provided in previous Department of 
Homeland Security Appropriations Acts.
    (f) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security:  Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives 5 days in advance of such transfer.
    Sec. 504.  Section 504 of the Department of Homeland Security 
Appropriations Act, 2017 (division F of Public Law 115-31), related to 
the operations of a working capital fund, shall apply with respect to 
funds made available in this Act in the same manner as such section 
applied to funds made available in that Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2018, as recorded in the financial records at the 
time of a reprogramming notification, but not later than June 30, 2019, 
from appropriations for ``Operations and Support'' and for ``Coast 
Guard--Operating Expenses'', and salaries and expenses for ``Coast 
Guard--Acquisition, Construction, and Improvements'' and ``Coast 
Guard--Reserve Training'' for fiscal year 2018 in this Act shall remain 
available through September 30, 2019, in the account and for the 
purposes for which the appropriations were provided:  Provided, That 
prior to the obligation of such funds, a notification shall be 
submitted to the Committees on Appropriations of the Senate and the 
House of Representatives in accordance with section 503.
    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 2018 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2018.
    Sec. 507. (a) The Secretary of Homeland Security, or the designee 
of the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days 
in advance of--
            (1) making or awarding a grant allocation, grant, contract, 
        other transaction agreement, or task or delivery order on a 
        Department of Homeland Security multiple award contract, or to 
        issue a letter of intent totaling in excess of $1,000,000;
            (2) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (3) making a sole-source grant award; or
            (4) announcing publicly the intention to make or award 
        items under paragraph (1), (2), or (3), including a contract 
        covered by the Federal Acquisition Regulation.
    (b) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than 5 full business 
days after such an award is made or letter issued.
    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type 
        of contract; and the account from which the funds are being 
        drawn.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Centers is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training that cannot be accommodated in existing 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:  
Provided, That for purposes of the preceding sentence, the term ``Buy 
American Act'' means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513.  Section 519 of division F of Public Law 114-113, 
regarding a prohibition on funding for any position designated as a 
Principal Federal Official, shall apply with respect to funds made 
available in this Act in the same manner as such section applied to 
funds made available in that Act.
    Sec. 514.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 515.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the Senate and the 
House of Representatives may not delegate such authority to perform 
that act unless specifically authorized herein.
    Sec. 516.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 517.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 518.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 519.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 520.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any Federal contract unless such contract is 
entered into in accordance with the requirements of subtitle I of title 
41, United States Code, or chapter 137 of title 10, United States Code, 
and the Federal Acquisition Regulation, unless such contract is 
otherwise authorized by statute to be entered into without regard to 
the above referenced statutes.
    Sec. 521. (a) For an additional amount for financial systems 
modernization, $42,233,000, to remain available until September 30, 
2019.
    (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. 522. (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. 523.  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. 524.  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. 525.  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. 526.  None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for any 
structural pay reform that affects more than 100 full-time positions or 
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland 
Security submits to Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current year 
        and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) an analysis of compensation alternatives to such change 
        that were considered by the Department.
    Sec. 527. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public website 
of that agency any report required to be submitted by the Committees on 
Appropriations of the Senate and the House of Representatives in this 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland 
        or national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the Committees on 
Appropriations of the Senate and the House of Representatives for not 
less than 45 days except as otherwise specified in law.
    Sec. 528. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 529.  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. 530.  For fiscal year 2018, the Secretary of Homeland Security 
may provide, out of funds available to the Department of Homeland 
Security, for the primary and secondary schooling of dependents of 
Department of Homeland Security personnel who are stationed outside the 
continental United States and for the transportation of such dependents 
in the same manner and to the same extent that, pursuant to 14 U.S.C. 
544, the Secretary may provide, out of funds appropriated to or for the 
use of the Coast Guard, for the primary and secondary schooling of, and 
the transportation of, dependents of Coast Guard personnel stationed 
outside the continental United States.

                             (rescissions)

    Sec. 531.  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) $12,928,000 from Public Law 115-31 under the heading 
        ``Transportation Security Administration--Operations and 
        Support'';
            (2) $1,785,697 from Public Law 108-334 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (3) $1,920,100 from Public Law 109-90 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (4) $1,791,454 from Public Law 109-295 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (5) $3,221,594 from Public Law 110-161 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (6) $3,680,885 from Public Law 111-83 under the heading 
        ``Coast Guard--Alteration of Bridges'';
            (7) $25,000,000 from Public Law 114-113 under the heading 
        ``Coast Guard--Acquisition, Construction, and Improvements''; 
        and
            (8) $95,000,000 from Public Law 115-31 under the heading 
        ``Coast Guard--Acquisition, Construction, and Improvements''.

                             (rescissions)

    Sec. 532.  From the unobligated balances 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), $187,000,000 shall be rescinded.

                              (rescission)

    Sec. 533.  Of the unobligated balances made available to ``Federal 
Emergency Management Agency--Disaster Relief Fund'', $875,575,000 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, as amended:  Provided 
further, That no amounts may be rescinded from the amounts that were 
designated by the Congress as being for disaster relief pursuant to 
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    Sec. 534.  Not later than 90 days from the date of this Act, the 
Commissioner of United States Customs and Border Protection shall: (a) 
conduct a survey of international passenger traffic at the airports 
listed in section 122.15(b) of title 19, Code of Federal Regulations, 
and designate any airport as a port of entry if that airport: (1) has 
scheduled international service by one or more air carriers; and (2) 
received over 75,000 international passenger arrivals during the most 
recent calendar year in which federal passenger data is available; (b) 
ensure a sufficient number of United States Customs and Border 
Protection officers are available at any airport designated as a port 
of entry under subsection (a) in order for landing rights requests to 
be granted in accordance with section 122.14 of title 19, Code of 
Federal Regulations.
    Sec. 535.  None of the funds appropriated by this Act for U.S. 
Immigration and Customs Enforcement shall be available to pay for an 
abortion, except where the life of the mother would be endangered if 
the fetus were carried to term, or in the case of rape or incest: 
Provided, That should this prohibition be declared unconstitutional by 
a court of competent jurisdiction, this section shall be null and void.
    Sec. 536.  None of the funds appropriated by this Act for U.S. 
Immigration and Customs Enforcement shall be used to require any person 
to perform, or facilitate in any way the performance of, any abortion.
    Sec. 537.  Nothing in the preceding section shall remove the 
obligation of the Assistant Secretary of Homeland Security for U.S. 
Immigration and Customs Enforcement to provide escort services 
necessary for a female detainee to receive such service outside the 
detention facility: Provided, That nothing in this section in any way 
diminishes the effect of section ____ [preceding section] intended to 
address the philosophical beliefs of individual employees of U.S. 
Immigration and Customs Enforcement.
    Sec. 538.  In fiscal year 2018, nonimmigrants shall be admitted to 
the United States under section 101(a)(15)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform 
agricultural labor or services, without regard to whether such labor 
is, or services are, of a temporary or seasonal nature.
    Sec. 539. (a) Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Christopher William Gard, 
Constance Rhoda Keely Yates, and Charles Matthew William Gard shall 
each be eligible for issuance of an immigrant visa or for adjustment of 
status to that of an alien lawfully admitted for permanent residence 
upon filing an application for issuance of an immigrant visa under 
section 204 of such Act or for adjustment of status to lawful permanent 
resident.
    (b) If Christopher William Gard, Constance Rhoda Keely Yates, or 
Charles Matthew William Gard enters the United States before the filing 
deadline specified in subsection (c), he or she shall be considered to 
have entered and remained lawfully and shall, if otherwise eligible, be 
eligible for adjustment of status under section 245 of the Immigration 
and Nationality Act as of the date of the enactment of this Act.
    (c) Subsections (a) and (b) shall apply only if the application for 
issuance of an immigrant visa or the application for adjustment of 
status is filed with appropriate fees within 2 years after the date of 
the enactment of this Act.
    (d) Upon the granting of an immigrant visa or permanent residence 
to Christopher William Gard, Constance Rhoda Keely Yates, and Charles 
Matthew William Gard, the Secretary of State shall instruct the proper 
officer to reduce by 3, during the current or next following fiscal 
year, the total number of immigrant visas that are made available to 
natives of the country of the aliens' birth under section 203(a) of the 
Immigration and Nationality Act or, if applicable, the total number of 
immigrant visas that are made available to natives of the country of 
the aliens' birth under section 202(e) of such Act.
    (e) The natural parents, brothers, and sisters of Christopher 
William Gard, Constance Rhoda Keely Yates, and Charles Matthew William 
Gard shall not, by virtue of such relationship, be accorded any right, 
privilege, or status under the Immigration and Nationality Act.
    Sec. 540. Statue of Limitations.--
    (a) In General.--Section 705 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Except'' and inserting 
                ``Notwithstanding section 3716(e) of title 31, United 
                States Code, and except''; and
                    (B) by striking ``report for the disaster or 
                emergency'' and inserting ``report for project 
                completion as certified by the grantee''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``report for the 
                disaster or emergency'' and inserting ``report for 
                project completion as certified by the grantee''; and
                    (B) in paragraph (3) by inserting ``for project 
                completion as certified by the grantee'' after ``final 
                expenditure report''.
    (b) Applicability.--
            (1) In general.--With respect to disaster or emergency 
        assistance provided to a State or local government on or after 
        January 1, 2004--
                    (A) no administrative action may be taken to 
                recover a payment of such assistance after the date of 
                enactment of this Act if the action is prohibited under 
                section 705(a)(1) of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5205(a)(1)); and
                    (B) any administrative action to recover a payment 
                of such assistance that is pending on such date of 
                enactment shall be terminated if the action is 
                prohibited under section 705(a)(1) of such Act.
            (2) Limitation.--This section and the amendments made by 
        this section, may not be construed to invalidate or otherwise 
        affect any administration action completed before the date of 
        enactment of this Act.

                       spending reduction account

    Sec. 534.  $0.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2018''.
                                                 Union Calendar No. 171

115th CONGRESS

  1st Session

                               H. R. 3355

                          [Report No. 115-239]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2018, and for other purposes.

_______________________________________________________________________

                             July 21, 2017

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed