[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6776 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 739
115th CONGRESS
  2d Session
                                H. R. 6776

                          [Report No. 115-948]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2019, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2018

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

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2019, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,  That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2019, and for other purposes, namely:

                                TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For necessary expenses of the Office of the Secretary and for 
executive management for operations and support, $128,110,000:  
Provided, That not to exceed $45,000 shall be for official reception 
and representation expenses.

                         Management Directorate

                         operations and support

    For necessary expenses of the Management Directorate for operations 
and support, $842,712,000:  Provided, That not to exceed $2,000 shall 
be for official reception and representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Management Directorate for 
procurement, construction, and improvements, $74,920,000, to remain 
available until September 30, 2021.

                        research and development

    For necessary expenses of the Management Directorate for research 
and development, $2,545,000, to remain available until September 30, 
2020.

          Intelligence, Analysis, and Operations Coordination

                         operations and support

    For necessary expenses of the Office of Intelligence and Analysis 
and the Office of Operations Coordination for operations and support, 
$259,253,000, of which $77,915,000 shall remain available until 
September 30, 2020:  Provided, That not to exceed $3,825 shall be for 
official reception and representation expenses.

                      Office of Inspector General

                         operations and support

    For necessary expenses of the Office of Inspector General for 
operations and support, $168,001,000:  Provided, That not to exceed 
$300,000 may be used for certain confidential operational expenses, 
including the payment of informants, to be expended at the direction of 
the Inspector General.

                       Administrative Provisions

    Sec. 101. (a) The Secretary of Homeland Security shall submit a 
report not later than October 15, 2019, to the Inspector General of the 
Department of Homeland Security listing all grants and contracts 
awarded by any means other than full and open competition during fiscal 
years 2018 and 2019.
    (b) The Inspector General shall review the report required by 
subsection (a) to assess departmental compliance with applicable laws 
and regulations and report the results of that review to the Committees 
on Appropriations of the Senate and the House of Representatives not 
later than February 15, 2020.
    Sec. 102.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes, which shall be 
specified in terms of cost, schedule, and performance.
    Sec. 103.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9705(g)(4)(B) of 
title 31, United States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security:  Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified of the proposed transfers.
    Sec. 104.  All official costs associated with the use of Government 
aircraft by Department of Homeland Security personnel to support 
official travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Office of the Secretary.
    Sec. 105.  Section 107 of the Department of Homeland Security 
Appropriations Act, 2018 (division F of Public Law 115-141), related to 
visa overstay data, shall apply in fiscal year 2019, except that the 
reference to ``this Act'' shall be treated as referring to this Act, 
and the reference to ``2017'' shall be treated as referring to 
``2018''.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

    For necessary expenses of U.S. Customs and Border Protection for 
operations and support, including the transportation of unaccompanied 
minor aliens; the provision of air and marine support to Federal, 
State, and local agencies in the enforcement or administration of laws 
enforced by the Department of Homeland Security; at the discretion of 
the Secretary of Homeland Security, the provision of such support to 
Federal, State, and local agencies in other law enforcement and 
emergency humanitarian efforts; the purchase and lease of up to 7,500 
(6,500 for replacement only) police-type vehicles; the purchase, 
maintenance, or operation of marine vessels, aircraft, and unmanned 
aerial systems; and contracting with individuals for personal services 
abroad; $12,002,072,000; of which $3,274,000 shall be derived from the 
Harbor Maintenance Trust Fund for administrative expenses related to 
the collection of the Harbor Maintenance Fee pursuant to section 
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) 
and notwithstanding section 1511(e)(1) of the Homeland Security Act of 
2002 (6 U.S.C. 551(e)(1)); of which $681,441,500 shall be available 
until September 30, 2020; and of which such sums as become available in 
the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:  
Provided, That not to exceed $34,425 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations:  Provided further, That not to exceed 
$1,000,000 shall be for awards of compensation to informants, to be 
accounted for solely under the certificate of the Secretary of Homeland 
Security.

              procurement, construction, and improvements

    For necessary expenses of U.S. Customs and Border Protection for 
procurement, construction, and improvements, including procurements to 
buy marine vessels, aircraft, and unmanned aerial systems, 
$5,510,244,000, of which $462,022,000 shall remain available until 
September 30, 2021, and of which $5,048,222,000 shall remain available 
until September 30, 2023.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for operations and support, including the purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; overseas 
vetted units; and maintenance, minor construction, and minor leasehold 
improvements at owned and leased facilities; $7,333,079,000; of which 
$6,000,000 shall remain available until expended for efforts to enforce 
laws against forced child labor; of which $33,700,000 shall remain 
available until September 30, 2020; and of which $1,500,000 is for paid 
apprenticeships for participants in the Human Exploitation Rescue 
Operative Corps:  Provided, That not to exceed $11,475 shall be for 
official reception and representation expenses:  Provided further, That 
not to exceed $10,000,000 shall be available until expended for 
conducting special operations under section 3131 of the Customs 
Enforcement Act of 1986 (19 U.S.C. 2081):  Provided further, That not 
to exceed $2,000,000 shall be for awards of compensation to informants, 
to be accounted for solely under the certificate of the Secretary of 
Homeland Security:  Provided further, That not to exceed $11,216,000 
shall be available to fund or reimburse other Federal agencies for the 
costs associated with the care, maintenance, and repatriation of 
smuggled aliens unlawfully present in the United States.

              procurement, construction, and improvements

    For necessary expenses of U.S. Immigration and Customs Enforcement 
for procurement, construction, and improvements, $70,431,000, to remain 
available until September 30, 2021.

                 Transportation Security Administration

                         operations and support

    For necessary expenses of the Transportation Security 
Administration for operations and support, $7,167,778,000, to remain 
available until September 30, 2020:  Provided, That not to exceed 
$7,650 shall be for official reception and representation expenses:  
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security:  Provided further, That the sum appropriated under 
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2019 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $4,497,778,000.

              procurement, construction, and improvements

    For necessary expenses of the Transportation Security 
Administration for procurement, construction, and improvements, 
$129,789,000, to remain available until September 30, 2021.

                        research and development

    For necessary expenses of the Transportation Security 
Administration for research and development, $20,594,000, to remain 
available until September 30, 2020.

                              Coast Guard

                         operations and support

    For necessary expenses of the Coast Guard, for operations and 
support, including purchase or lease of not to exceed 25 passenger 
motor vehicles, which shall be for replacement only; purchase or lease 
of small boats for contingent and emergent requirements (at a unit cost 
of not more than $700,000) and repairs and service-life replacements, 
not to exceed a total of $31,000,000; purchase, lease, or improvements 
of boats necessary for overseas deployments and activities; payments 
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 
Stat. 1920); and recreation and welfare; $7,620,209,000, of which 
$340,000,000 shall be for defense-related activities; and of which 
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)):  Provided, That not to exceed $23,000 
shall be for official reception and representation expenses.

              procurement, construction, and improvements

                     (including transfer of funds)

    For necessary expenses of the Coast Guard for procurement, 
construction, and improvements, including aids to navigation, shore 
facilities (including facilities at Department of Defense installations 
used by the Coast Guard), procurements to buy vessels and aircraft, 
including equipment related thereto, $1,429,750,000, to remain 
available until September 30, 2023, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)), and in addition $95,000,000 for the procurement of 
Long Lead Time Materials for a twelfth National Security Cutter, which 
shall be derived by transfer from unobligated balances from prior-year 
appropriations available under the heading ``Science and Technology 
Directorate--research and development''.

                        research and development

    For necessary expenses of the Coast Guard for research and 
development; and for maintenance, rehabilitation, lease, and operation 
of facilities and equipment; $19,109,000, to remain available until 
September 30, 2021, of which $500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):  
Provided, That there may be credited to and used for the purposes of 
this appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign countries for 
expenses incurred for research, development, testing, and evaluation.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the Coast Guard under chapter 19 of title 
14, United States Code, $13,429,000, to remain available until 
September 30, 2023.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, payment of continuation pay under 
section 356 of title 37, United States Code, concurrent receipts, 
combat-related special compensation, and payments for medical care of 
retired personnel and their dependents under chapter 55 of title 10, 
United States Code, $1,739,844,000, to remain available until expended.

                      United States Secret Service

                         operations and support

    For necessary expenses of the United States Secret Service for 
operations and support, including purchase of not to exceed 652 
vehicles for police-type use for replacement only; hire of passenger 
motor vehicles; purchase of motorcycles made in the United States; hire 
of aircraft; rental of buildings in the District of Columbia; fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may be necessary to 
perform protective functions; conduct of and participation in firearms 
matches; presentation of awards; conduct of behavioral research in 
support of protective intelligence and operations; payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; and payment, without regard to section 5702 of title 5, 
United States Code, of subsistence expenses of employees who are on 
protective missions, whether at or away from their duty stations; 
$2,099,870,000; of which $41,536,000 shall remain available until 
September 30, 2020, of which $6,000,000 shall be for a grant for 
activities related to investigations of missing and exploited children: 
 Provided, That not to exceed $19,125 shall be for official reception 
and representation expenses:  Provided further, That not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations.

              procurement, construction, and improvements

    For necessary expenses of the United States Secret Service for 
procurement, construction, and improvements, $64,816,000, to remain 
available until September 30, 2021.

                        research and development

    For necessary expenses of the United States Secret Service for 
research and development, $2,500,000, to remain available until 
September 30, 2020.

                       Administrative Provisions

    Sec. 201.  Section 201 of the Department of Homeland Security 
Appropriations Act, 2018 (division F of Public Law 115-141), related to 
overtime compensation limitations, shall apply with respect to funds 
made available in this Act in the same manner as such section applied 
to funds made available in that Act, except that ``fiscal year 2019'' 
shall be substituted for ``fiscal year 2018''.
    Sec. 202.  Funding made available under the heading ``U.S. Customs 
and Border Protection--Operations and Support'' and ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' shall 
be available for customs expenses when necessary to maintain operations 
and prevent adverse personnel actions in Puerto Rico in addition to 
funding provided by 48 U.S.C. 740.
    Sec. 203.  As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an 
adjacent island pursuant to section 13031(a)(5) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall 
be available until expended.
    Sec. 204.  For an additional amount for ``U.S. Customs and Border 
Protection--Operations and Support'', $39,000,000, to remain available 
until expended, to be reduced by amounts collected and credited to this 
appropriation in fiscal year 2019 from amounts authorized to be 
collected by section 286(i) of the Immigration and Nationality Act (8 
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade 
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or 
other such authorizing language:  Provided, That to the extent that 
amounts realized from such collections exceed $39,000,000, those 
amounts in excess of $39,000,000 shall be credited to this 
appropriation, to remain available until expended.
    Sec. 205.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act:  Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 206.  Notwithstanding any other provision of law, none of the 
funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to section 
501(b) of title 46, United States Code, for the transportation of crude 
oil distributed from and to the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representatives 
from the United States flag maritime industry, takes adequate measures 
to ensure the use of United States flag vessels:  Provided, That the 
Secretary shall notify the Committees on Appropriations of the Senate 
and the House of Representatives, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives within 2 business 
days of any request for waivers of navigation and vessel-inspection 
laws pursuant to section 501(b) of title 46, United States Code, with 
respect to such transportation, and the disposition of such requests.
    Sec. 207.  (a) None of the funds made available by this Act may be 
used to approve, license, facilitate, authorize, or otherwise allow the 
trafficking or import of property confiscated by the Cuban Government.
     (b) In this section, the terms ``confiscated'', ``Cuban 
Government'', ``property'', and ``traffic'' have the meanings given 
such terms in paragraphs (4), (5), (12)(A), and (13), respectively, of 
section 4 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act 
of 1996 (2216 U.S.C. 6023).
    Sec. 208.  Without regard to the limitation as to time and 
condition of section 503(d) of this Act, the Secretary may reprogram 
within and transfer funds to ``U.S. Immigration and Customs 
Enforcement--Operations and Support'' as necessary to ensure the 
detention of aliens prioritized for removal.
    Sec. 209.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue a delegation of law enforcement authority authorized 
under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been materially violated.
    Sec. 210.  None of the funds provided under the heading ``U.S. 
Immigration and Customs Enforcement--Operations and Support'' may be 
used to continue any contract for the provision of detention services 
if the two most recent overall performance evaluations received by the 
contracted facility are less than ``adequate'' or the equivalent median 
score in any subsequent performance evaluation system.
    Sec. 211.  Members of the United States House of Representatives 
and the United States Senate, including the leadership; the heads of 
Federal agencies and commissions, including the Secretary, Deputy 
Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.
    Sec. 212.  Any award by the Transportation Security Administration 
to deploy explosives detection systems shall be based on risk, the 
airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high injury rates, 
airport readiness, and increased cost effectiveness.
    Sec. 213.  Notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2019, any funds in the Aviation Security Capital 
Fund established by section 44923(h) of title 49, United States Code, 
may be used for the procurement and installation of explosives 
detection systems or for the issuance of other transaction agreements 
for the purpose of funding projects described in section 44923(a) of 
such title.
    Sec. 214.  None of the funds made available by this Act under the 
heading ``Coast Guard--Operations and Support'' shall be for expenses 
incurred for recreational vessels under section 12114 of title 46, 
United States Code, except to the extent fees are collected from owners 
of yachts and credited to the appropriation made available by this Act 
under the heading ``Coast Guard--Operations and Support'':  Provided, 
That to the extent such fees are insufficient to pay expenses of 
recreational vessel documentation under such section 12114, and there 
is a backlog of recreational vessel applications, personnel performing 
non-recreational vessel documentation functions under subchapter II of 
chapter 121 of title 46, United States Code, may perform documentation 
under section 12114.
    Sec. 215.  Without regard to the limitation as to time and 
condition of section 503(d) of this Act, after June 30, up to 
$10,000,000 may be reprogrammed to or from the Military Pay and 
Allowances funding category within ``Coast Guard--Operations and 
Support'' in accordance with subsection (a) of section 503 of this Act.
    Sec. 216.  Notwithstanding any other provision of law, the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under 
the heading ``Coast Guard--Acquisition, Construction, and 
Improvements'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4), which shall be subject to the 
requirements in the third and fourth provisos under such heading.
    Sec. 217.  The United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from Federal agencies 
and entities, as defined in section 105 of title 5, United States Code, 
for personnel receiving training sponsored by the James J. Rowley 
Training Center, except that total obligations at the end of the fiscal 
year shall not exceed total budgetary resources available under the 
heading ``United States Secret Service--Operations and Support'' at the 
end of the fiscal year.
    Sec. 218.  None of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security:  Provided, That the Director 
of the United States Secret Service may enter into agreements to 
provide such protection on a fully reimbursable basis.
    Sec. 219.  For purposes of section 503(a)(3) of this Act, up to 
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
    Sec. 220.  Funding made available in this Act for ``United States 
Secret Service--Operations and Support'' is available for travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if the Director of the United States Secret Service or a designee 
notifies the Committees on Appropriations of the Senate and the House 
of Representatives 10 or more days in advance, or as early as 
practicable, prior to such expenditures.
    Sec. 221.  Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit an 
expenditure plan for the amounts made available for ``U.S. Customs and 
Border Protection--Procurement, Construction, and Improvements'' to the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided, That no such amounts may be obligated without prior 
approval of the plan by such Committees.
    Sec. 222.  For an additional amount for ``Coast Guard--Operations 
and Support'', $1,000,000 for Coast Guard operating funds and unit 
level maintenance for deferred maintenance.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                         operations and support

    For necessary expenses of the National Protection and Programs 
Directorate for operations and support, $1,550,112,000, of which 
$18,650,000 shall remain available until September 30, 2020:  Provided, 
That not to exceed $3,825 shall be for official reception and 
representation expenses.

                       federal protective service

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

              procurement, construction, and improvements

    For necessary expenses of the National Protection and Programs 
Directorate for procurement, construction, and improvements, 
$367,964,000, to remain available until September 30, 2021.

                        research and development

    For necessary expenses of the National Protection and Programs 
Directorate for research and development, $16,486,000, to remain 
available until September 30, 2020.

                  Federal Emergency Management Agency

                         operations and support

    For necessary expenses of the Federal Emergency Management Agency 
for operations and support, $1,057,599,000:  Provided, That not to 
exceed $2,250 shall be for official reception and representation 
expenses.

              procurement, construction, and improvements

    For necessary expenses of the Federal Emergency Management Agency 
for procurement, construction, and improvements, $103,349,000, to 
remain available until September 30, 2021.

                           federal assistance

    For activities of the Federal Emergency Management Agency for 
Federal assistance through grants, contracts, cooperative agreements, 
and other activities, $3,359,525,000, which shall be allocated as 
follows:
            (1) $538,000,000 for the State Homeland Security Grant 
        Program under section 2004 of the Homeland Security Act of 2002 
        (6 U.S.C. 605), of which $85,000,000 shall be for Operation 
        Stonegarden, and $10,000,000 shall be for organizations (as 
        described under section 501(c)(3) of the Internal Revenue Code 
        of 1986 and exempt from tax under such 501(a) of such code) 
        determined by the Secretary of Homeland Security to be at high 
        risk of a terrorist attack:  Provided, That notwithstanding 
        subsection (c)(4) of such section 2004, for fiscal year 2019, 
        the Commonwealth of Puerto Rico shall make available to local 
        and tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $661,000,000 for the Urban Area Security Initiative 
        under section 2003 of the Homeland Security Act of 2002 (6 
        U.S.C. 604), of which $50,000,000 shall be for organizations 
        (as described under section 501(c)(3) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) of such 
        code) determined by the Secretary of Homeland Security to be at 
        high risk of a terrorist attack.
            (3) $103,000,000 for Public Transportation Security 
        Assistance, Railroad Security Assistance, and Over-the-Road Bus 
        Security Assistance under sections 1406, 1513, and 1532 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be 
        for Amtrak security and $7,000,000 shall be for Over-the-Road 
        Bus Security:  Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies.
            (4) $100,000,000 for Port Security Grants in accordance 
        with section 70107 of title 46, United States Code.
            (5) $700,000,000, to remain available until September 30, 
        2020, of which $350,000,000 shall be for Assistance to 
        Firefighter Grants and $350,000,000 shall be for Staffing for 
        Adequate Fire and Emergency Response Grants under sections 33 
        and 34 respectively of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            (6) $350,000,000 for emergency management performance 
        grants under the National Flood Insurance Act of 1968 (42 
        U.S.C. 4001), the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
        Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of 
        title 6, United States Code, and Reorganization Plan No. 3 of 
        1978 (5 U.S.C. App.).
            (7) $249,200,000 for the National Predisaster Mitigation 
        Fund under section 203 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5133), to remain 
        available until expended.
            (8) $262,531,000 for necessary expenses for Flood Hazard 
        Mapping and Risk Analysis, in addition to and to supplement any 
        other sums appropriated under the National Flood Insurance 
        Fund, and such additional sums as may be provided by States or 
        other political subdivisions for cost-shared mapping activities 
        under section 1360(f)(2) of the National Flood Insurance Act of 
        1968 (42 U.S.C. 4101(f)(2)), to remain available until 
        expended.
            (9) $120,000,000 for the emergency food and shelter program 
        under title III of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11331), to remain available until expended:  
        Provided, That not to exceed 3.5 percent shall be for total 
        administrative costs.
            (10) $275,794,000 to sustain current operations for 
        training, exercises, technical assistance, and other programs.

                          disaster relief fund

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$7,210,000,000, to remain available until expended, of which 
$6,652,000,000 shall be for major disasters declared pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) and is designated by the Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, of which up to $3,000,000 
may be transferred to the Disaster Assistance Direct Loan Program for 
administrative expenses to carry out the program as authorized by 
section 417 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5184).

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood 
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 
1020), $201,691,000, to remain available until September 30, 2020, 
which shall be derived from offsetting amounts collected under section 
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)); of which $13,784,000 shall be available for mission support 
associated with flood management; and of which $187,907,000 shall be 
available for flood plain management and flood mapping:  Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be 
credited as offsetting collections to this account, to be available for 
flood plain management and flood mapping:  Provided further, That in 
fiscal year 2019, no funds shall be available from the National Flood 
Insurance Fund under section 1310 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4017) in excess of--
            (1) $176,304,000 for operating expenses and salaries and 
        expenses associated with flood insurance operations;
            (2) $1,123,000,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $175,000,000, which shall remain available until 
        expended, for flood mitigation actions and for flood mitigation 
        assistance under section 1366 of the National Flood Insurance 
        Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 
        and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(e) of the National Flood Insurance Act of 1968 shall be deposited 
in the National Flood Insurance Fund to supplement other amounts 
specified as available for section 1366 of the National Flood Insurance 
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and 
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C. 
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation:  Provided further, That up to $5,000,000 is available to 
carry out section 24 of the Homeowner Flood Insurance Affordability Act 
of 2014 (42 U.S.C. 4033).

                       Administrative Provisions

    Sec. 301.  Notwithstanding section 2008(a)(12) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of 
law, not more than 5 percent of the amount of a grant made available in 
paragraphs (1) through (4) under ``Federal Emergency Management 
Agency--Federal Assistance'', may be used by the grantee for expenses 
directly related to administration of the grant.
    Sec. 302.  Applications for grants under the heading ``Federal 
Emergency Management Agency--Federal Assistance'', for paragraphs (1) 
through (4), shall be made available to eligible applicants not later 
than 60 days after the date of enactment of this Act, eligible 
applicants shall submit applications not later than 80 days after the 
grant announcement, and the Administrator of the Federal Emergency 
Management Agency shall act within 65 days after the receipt of an 
application.
    Sec. 303.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) through 
(4), the Administrator of the Federal Emergency Management Agency shall 
brief the Committees on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of announcing publicly 
the intention of making an award.
    Sec. 304.  Under the heading ``Federal Emergency Management 
Agency--Federal Assistance'', for grants under paragraphs (1) and (2), 
the installation of communications towers is not considered 
construction of a building or other physical facility.
    Sec. 305.  The reporting requirements in paragraphs (1) and (2) 
under the heading ``Federal Emergency Management Agency--Disaster 
Relief Fund'' in the Department of Homeland Security Appropriations 
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2019 with 
respect to budget year 2020 and current fiscal year 2019, 
respectively--
            (1) in paragraph (1) by substituting ``fiscal year 2020'' 
        for ``fiscal year 2016''; and
            (2) in paragraph (2) by inserting ``business'' after 
        ``fifth''.
    Sec. 306.  In making grants under the heading ``Firefighter 
Assistance Grants'', the Secretary may grant waivers from the 
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), 
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229a).
    Sec. 307.  The aggregate charges assessed during fiscal year 2019, 
as authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security to be 
necessary for its Radiological Emergency Preparedness Program for the 
next fiscal year:  Provided, That the methodology for assessment and 
collection of fees shall be fair and equitable and shall reflect costs 
of providing such services, including administrative costs of 
collecting such fees:  Provided further, That such fees shall be 
deposited in a Radiological Emergency Preparedness Program account as 
offsetting collections and will become available for authorized 
purposes on October 1, 2019, and remain available until expended.
    Sec. 308.  None of the funds in this or any other Act may be used 
to deny continued rental assistance under section 408 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) 
to an individual or household on the basis of income.

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

    For necessary expenses of U.S. Citizenship and Immigration Services 
for operations and support of the E-Verify Program, $109,081,000.

              procurement, construction, and improvements

    For necessary expenses of U.S. Citizenship and Immigration Services 
for procurement, construction, and improvements of the E-Verify 
Program, $22,838,000, to remain available until September 30, 2021.

                Federal Law Enforcement Training Centers

                         operations and support

    For necessary expenses of the Federal Law Enforcement Training 
Centers for operations and support, including the purchase of not to 
exceed 117 vehicles for police-type use and hire of passenger motor 
vehicles, and services as authorized by section 3109 of title 5, United 
States Code, $254,774,000, of which $58,191,000 shall remain available 
until September 30, 2020:  Provided, That not to exceed $7,180 shall be 
for official reception and representation expenses.

                   Science and Technology Directorate

                         operations and support

    For necessary expenses of the Science and Technology Directorate 
for operations and support, including the purchase or lease of not to 
exceed 5 vehicles, $304,408,000, of which $166,350,000 shall remain 
available until September 30, 2020:  Provided, That not to exceed 
$10,000 shall be for official reception and representation expenses.

                        research and development

    For necessary expenses of the Science and Technology Directorate 
for research and development, $497,751,000, to remain available until 
September 30, 2020.

             Countering Weapons of Mass Destruction Office

                         operations and support

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for operations and support, $214,264,0000:  
Provided, That not to exceed $2,250 shall be for official reception and 
representation expenses.

              procurement, construction, and improvements

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for procurement, construction, and improvements, 
$74,896,000, to remain available until September 30, 2021.

                        research and development

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for research and development, $80,443,000, to remain 
available until September 30, 2021.

                           federal assistance

    For necessary expenses of the Countering Weapons of Mass 
Destruction Office for Federal assistance through grants, contracts, 
cooperative agreements, and other activities, $64,663,000, to remain 
available until September 30, 2021.

                       Administrative Provisions

    Sec. 401.  Notwithstanding any other provision of law, funds 
otherwise made available to U.S. Citizenship and Immigration Services 
may be used to acquire, operate, equip, and dispose of up to 5 
vehicles, for replacement only, for areas where the Administrator of 
General Services does not provide vehicles for lease:  Provided, That 
the Director of U.S. Citizenship and Immigration Services may authorize 
employees who are assigned to those areas to use such vehicles to 
travel between the employees' residences and places of employment.
    Sec. 402.  None of the funds made available in this Act may be used 
by U.S. Citizenship and Immigration Services to grant an immigration 
benefit unless the results of background checks required by law to be 
completed prior to the granting of the benefit have been received by 
U.S. Citizenship and Immigration Services, and the results do not 
preclude the granting of the benefit.
    Sec. 403.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided by employees (including 
employees serving on a temporary or term basis) of U.S. Citizenship and 
Immigration Services of the Department of Homeland Security who are 
known as Immigration Information Officers, Immigration Service 
Analysts, Contact Representatives, Investigative Assistants, or 
Immigration Services Officers.
    Sec. 404. (a) Notwithstanding section 1356(n) of title 8, United 
States Code, of the funds deposited into the Immigration Examinations 
Fee Account, up to $10,000,000 may be allocated by U.S. Citizenship and 
Immigration Services in fiscal year 2019 for the purpose of providing 
an Immigrant Integration grants program.
    (b) None of the funds made available to U.S. Citizenship and 
Immigration Services for grants for immigrant integration under 
subsection (a) may be used to provide services to aliens who have not 
been lawfully admitted for permanent residence.
    Sec. 405.  The Director of the Federal Law Enforcement Training 
Centers is authorized to distribute funds to Federal law enforcement 
agencies for expenses incurred participating in training accreditation.
    Sec. 406.  The Federal Law Enforcement Training Accreditation 
Board, including representatives from the Federal law enforcement 
community and non-Federal accreditation experts involved in law 
enforcement training, shall lead the Federal law enforcement training 
accreditation process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors.
    Sec. 407. (a) There is to be established a ``Federal Law 
Enforcement Training Centers--Procurement, Construction, and 
Improvements'' appropriations account for planning, operational 
development, engineering, and purchases prior to sustainment and for 
information technology-related procurement, construction, and 
improvements, including non-tangible assets of the Federal Law 
Enforcement Training Centers.
    (b) The Director of the Federal Law Enforcement Training Centers 
may accept transfers to the account ``Federal Law Enforcement Training 
Centers--Procurement, Construction, and Improvements'' from Government 
agencies requesting the construction of special use facilities, as 
authorized by the Economy Act (31 U.S.C. 1535(b)):  Provided, That the 
Federal Law Enforcement Training Centers maintain administrative 
control and ownership upon completion of such facilities.
    Sec. 408.  The functions of the Federal Law Enforcement Training 
Centers instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 409.  Section 538(a) of division D of the Consolidated 
Appropriations Act, 2012 (Public Law 112-74) is amended --
            (1) By striking ``through public sale''; and
            (2) By striking ``requirements.''and by inserting 
        ``requirements:  Provided, That the sale of Plum Island 
        property and assets complies with the requirements for asset 
        disposition described in chapter 5 of subtitle I of title 40, 
        United States Code.''

                                TITLE V

                           GENERAL PROVISIONS

                     (including transfers of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the components in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2019, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the components funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) creates or eliminates a program, project, or activity, 
        or increases funds for any program, project, or activity for 
        which funds have been denied or restricted by the Congress;
            (2) contracts out any function or activity presently 
        performed by Federal employees or any new function or activity 
        proposed to be performed by Federal employees in the 
        President's budget proposal for fiscal year 2019 for the 
        Department of Homeland Security;
            (3) augments funding for existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, whichever is 
        less;
            (4) reduces funding for any program, project, or activity, 
        or numbers of personnel, by 10 percent or more; or
            (5) results from any general savings from a reduction in 
        personnel that would result in a change in funding levels for 
        programs, projects, or activities as approved by the Congress.
    (b) Subsection (a) shall not apply if the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified at least 15 days in advance of such reprogramming.
    (c) Up to 5 percent of any appropriation made available for the 
current fiscal year for the Department of Homeland Security by this Act 
or provided by previous appropriations Acts may be transferred between 
such appropriations if the Committees on Appropriations of the Senate 
and the House of Representatives are notified at least 30 days in 
advance of such transfer, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfer.
    (d) Notwithstanding subsections (a), (b), and (c), no funds shall 
be reprogrammed within or transferred between appropriations based upon 
an initial notification provided after June 30, except in extraordinary 
circumstances that imminently threaten the safety of human life or the 
protection of property.
    (e) The notification thresholds and procedures set forth in 
subsections (a), (b), (c), and (d) shall apply to any use of 
deobligated balances of funds provided in previous Department of 
Homeland Security Appropriations Acts.
    (f) Notwithstanding subsection (c), the Secretary of Homeland 
Security may transfer to the fund established by 8 U.S.C. 1101 note, up 
to $20,000,000 from appropriations available to the Department of 
Homeland Security:  Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 5 days in advance of such transfer.
    Sec. 504.  Section 504 of the Department of Homeland Security 
Appropriations Act, 2017 (division F of Public Law 115-31), related to 
the operations of a working capital fund, shall apply with respect to 
funds made available in this Act in the same manner as such section 
applied to funds made available in that Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2019, as recorded in the financial records at the 
time of a reprogramming notification, but not later than June 30, 2020, 
from appropriations for ``Operations and Support'' for fiscal year 2019 
in this Act shall remain available through September 30, 2020, in the 
account and for the purposes for which the appropriations were 
provided:  Provided, That prior to the obligation of such funds, a 
notification shall be submitted to the Committees on Appropriations of 
the Senate and the House of Representatives in accordance with section 
503 of this Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2019 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2019.
    Sec. 507. (a) The Secretary of Homeland Security, or the designee 
of the Secretary, shall notify the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full business days 
in advance of--
            (1) making or awarding a grant allocation, grant, contract, 
        other transaction agreement, or task or delivery order on a 
        Department of Homeland Security multiple award contract, or to 
        issue a letter of intent totaling in excess of $1,000,000;
            (2) awarding a task or delivery order requiring an 
        obligation of funds in an amount greater than $10,000,000 from 
        multi-year Department of Homeland Security funds;
            (3) making a sole-source grant award; or
            (4) announcing publicly the intention to make or award 
        items under paragraph (1), (2), or (3), including a contract 
        covered by the Federal Acquisition Regulation.
    (b) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than 5 full business 
days after such an award is made or letter issued.
    (c) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award; the fiscal year 
        for which the funds for the award were appropriated; the type 
        of contract; and the account from which the funds are being 
        drawn.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without advance 
notification to the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Centers is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement for 
training that cannot be accommodated in existing Centers facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 520, 522, and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 
121 Stat. 2073 and 2074) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act:  
Provided, That for purposes of the preceding sentence, the term ``Buy 
American Act'' means chapter 83 of title 41, United States Code.
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513.  None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the 
Congress.
    Sec. 514.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 515.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the Senate and the 
House of Representatives may not delegate such authority to perform 
that act unless specifically authorized herein.
    Sec. 516.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 517.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 518.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 519.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 520.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any Federal contract unless such contract is 
entered into in accordance with the requirements of subtitle I of title 
41, United States Code, or chapter 137 of title 10, United States Code, 
and the Federal Acquisition Regulation, unless such contract is 
otherwise authorized by statute to be entered into without regard to 
the above referenced statutes.
    Sec. 521. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 522.  None of the funds made available in this Act may be used 
by a Federal law enforcement officer to facilitate the transfer of an 
operable firearm to an individual if the Federal law enforcement 
officer knows or suspects that the individual is an agent of a drug 
cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 523.  None of the funds made available in this Act may be used 
to pay for the travel to or attendance of more than 50 employees of a 
single component of the Department of Homeland Security, who are 
stationed in the United States, at a single international conference 
unless the Secretary of Homeland Security, or a designee, determines 
that such attendance is in the national interest and notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives within at least 10 days of that determination and the 
basis for that determination:  Provided, That for purposes of this 
section the term ``international conference'' shall mean a conference 
occurring outside of the United States attended by representatives of 
the United States Government and of foreign governments, international 
organizations, or nongovernmental organizations:  Provided further, 
That the total cost to the Department of Homeland Security of any such 
conference shall not exceed $500,000.
    Sec. 524.  None of the funds made available in this Act may be used 
to reimburse any Federal department or agency for its participation in 
a National Special Security Event.
    Sec. 525.  None of the funds made available to the Department of 
Homeland Security by this or any other Act may be obligated for any 
structural pay reform that affects more than 100 full-time positions or 
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland 
Security submits to Congress a notification that includes--
            (1) the number of full-time positions affected by such 
        change;
            (2) funding required for such change for the current year 
        and through the Future Years Homeland Security Program;
            (3) justification for such change; and
            (4) an analysis of compensation alternatives to such change 
        that were considered by the Department.
    Sec. 526. (a) Any agency receiving funds made available in this Act 
shall, subject to subsections (b) and (c), post on the public website 
of that agency any report required to be submitted by the Committees on 
Appropriations of the Senate and the House of Representatives in this 
Act, upon the determination by the head of the agency that it shall 
serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises homeland 
        or national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the Committees on 
Appropriations of the Senate and the House of Representatives for not 
less than 45 days except as otherwise specified in law.
    Sec. 527. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.
    Sec. 528.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 529.  The authority provided by section 532 of the Department 
of Homeland Security Appropriations Act, 2018 (Public Law 115-141) 
regarding primary and secondary schooling of dependents shall continue 
in effect during fiscal year 2019.
    Sec. 530. (a) For an additional amount for ``Federal Emergency 
Management Agency--Federal Assistance'', $41,000,000, to remain 
available until September 30, 2020, exclusively for providing 
reimbursement of extraordinary law enforcement personnel costs for 
protection activities directly and demonstrably associated with any 
residence of the President that is designated or identified to be 
secured by the United States Secret Service.
    (b) Subsections (b) through (f) of section 534 of the Department of 
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall 
be applied with respect to amounts made available by subsection (a) of 
this section by substituting ``October 1, 2019'' for ``October 1, 
2018'' and ``October 1, 2018'' for ``October 1, 2017''.
    Sec. 531.  None of the funds made available by this Act may be used 
to prevent a Member of the United States Congress from entering, for 
the purpose of conducting oversight, any facility in the United States 
used for purposes of detaining or otherwise housing foreign national 
minors, or to require Members of the United States Congress to 
coordinate through a Congressional entity for their entry into, for the 
purpose of conducting oversight, any facility in the United States used 
for purposes of detaining or otherwise housing foreign national minors, 
or to make any temporary modification at any such facility that in any 
way alters what is observed by a visiting Member of the United States 
Congress, compared to what would be observed in the absence of such 
modification.
    Sec. 532.  None of the funds made available by this Act may be used 
to place in detention, remove, refer for removal, or initiate removal 
proceedings against, noncitizen veterans or active duty service members 
who were approved by the Secretary of Homeland Security to participate 
in the Deferred Action for Childhood Arrivals initiative described in 
the June 15, 2012, memorandum entitled ``Exercising Prosecutorial 
Discretion with Respect to Individuals Who Came to the United States as 
Children'', except that this section shall not apply with respect to an 
individual who no longer qualifies for deferred action under the 
conditions on the grant of deferred action established under such 
initiative.
    Sec. 533. (a) None of the funds made available by this Act for 
``U.S. Immigration and Customs Enforcement'' may be used to pay for an 
abortion, except where the life of the mother would be endangered if 
the fetus were carried to term, or in the case of rape or incest, 
except that, if this limitation is held to be unconstitutional by a 
court of competent jurisdiction, this subsection shall be null and void 
and the remainder of this Act shall not be affected.
    (b) None of the funds made available by this Act for ``U.S. 
Immigration and Customs Enforcement'' may be used to require any person 
to perform, or facilitate in any way the performance of, any abortion.
    Sec. 534.  Section 408 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5174) is amended by adding at 
the end the following:
    ``(k) Prohibition.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, the President shall not consider the income of an 
        individual or household in determining whether to provide, or 
        continue to provide, to that individual or household rental 
        assistance under this section.
            ``(2) Applicability.--Paragraph (1) shall apply with 
        respect to major disasters declared on or after January 1, 
        2017.''.
    Sec. 535.  (a) Notwithstanding any other provision of law, in the 
case of an individual eligible to receive unemployment assistance under 
section 410(a) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5177(a)) as a result of a disaster 
declaration made for Hurricane Irma and Hurricane Maria in the 
Commonwealth of Puerto Rico and the United States Virgin Islands, the 
President shall make such assistance available for the one-year period 
beginning on the date of the applicable disaster declaration. (b) 
Subsection (a) shall be effective as if enacted on the date of the 
disaster declaration under such Act for Hurricane Irma and Hurricane 
Maria. (c) No additional funds are authorized to carry out the 
requirements of this section.
    Sec. 536.  In fiscal year 2019, nonimmigrants shall be admitted to 
the United States under section 101(a)(15)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform 
agricultural labor or services, without regard to whether such labor 
is, or services are, of a temporary or seasonal nature.
    Sec. 537. (a) Section 214(g)(9)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended by striking ``who 
has already been counted toward the numerical limitation of paragraph 
(1)(B) during fiscal year 2013, 2014, or 2015 shall not again be 
counted toward such limitation during fiscal year 2016.'' and inserting 
``shall not be counted toward the numerical limitation of paragraph 
(1)(B) for a fiscal year if that alien already has been counted toward 
such limitation during one or both of the 2 fiscal years immediately 
preceding that fiscal year.''.
    (b) Section 214(g)(10) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(10)) is amended to read as follows:
    ``(10)(A) Subject to subparagraphs (B) through (D), the numerical 
limitation of paragraph (1)(B) shall be allocated for a fiscal year so 
that the total number of aliens subject to such numerical limitation 
who enter the United States pursuant to a visa, or otherwise are 
accorded nonimmigrant status, under section 101(a)(15)(H)(ii)(b) 
during--
            ``(i) the first quarter of such fiscal year is not more 
        than 9,900;
            ``(ii) the second quarter of such fiscal year is not more 
        than 26,400, plus any number not used under clause (i);
            ``(iii) the third quarter of such fiscal year is not more 
        than 26,400, plus any number not used under clauses (i) and 
        (ii); and
            ``(iv) the fourth quarter of such fiscal year is not more 
        than 3,300, plus any number not used under clauses (i) through 
        (iii).
    ``(B) Notwithstanding subparagraph (A), the Secretary of Homeland 
Security, after making a determination based on demand from previous 
fiscal years that a change in the allocations under such subparagraph 
is necessary and appropriate, may modify such allocations.
    ``(C) With respect to each quarter of a fiscal year, the Secretary 
of Labor shall accept applications for temporary labor certification in 
support of petitions for nonimmigrants described in section 
101(a)(15)(H)(ii)(b) only during a one-week period to be selected by 
such Secretary, and shall not finally approve any of such applications 
during any such week.
    ``(D) With respect to each quarter of a fiscal year, the Secretary 
of Labor shall approve temporary labor certifications in support of 
petitions for nonimmigrants described in section 101(a)(15)(H)(ii)(b) 
in a manner that will result in all employers that have timely 
submitted an approvable application being able to fill an equal (or 
approximately equal) percentage of the number of requested 
positions.''.
    (c) Section 214(c)(14)(C) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(14)(C)) is amended to read as follows:
    ``(C) In determining the level of penalties to be assessed under 
subparagraph (A), the highest penalties shall be reserved for--
            ``(i) willful failures to meet any of the conditions of the 
        petition that involve harm to United States workers; and
            ``(ii) willful misrepresentations of the number of 
        necessary nonimmigrants in an application for temporary labor 
        certification in support of a petition for nonimmigrants 
        described in section 101(a)(15)(H)(ii)(b).''.
    Sec. 538.  None of the funds made available to the Department of 
Homeland Security by this or any other Act may be used to deny, or 
otherwise affect, the right of American Indians born in Canada or the 
United States to pass the borders of the United States in accordance 
with 8 U.S.C. Sec.  1359, with such right extending to persons who 
possess at least 50 per centum of blood of the American Indian race or 
who are members, or eligible to be members, of a Federally recognized 
Indian tribe in the United States or Canada.

                         statute of limitations

    Sec. 539. 
    (a) In General.--Section 705 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``Except'' and inserting 
                ``Notwithstanding section 3716(e) of title 31, United 
                States Code, and except''; and
                    (B) by striking ``report for the disaster or 
                emergency'' and inserting ``report for project 
                completion as certified by the grantee''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``report for the 
                disaster or emergency'' and inserting ``report for 
                project completion as certified by the grantee''; and
                    (B) in paragraph (3) by inserting ``for project 
                completion as certified by the grantee'' after ``final 
                expenditure report''.
    (b) Applicability.--
            (1) In general.--With respect to disaster or emergency 
        assistance provided to a State or local government on or after 
        January 1, 2004--
                    (A) no administrative action may be taken to 
                recover a payment of such assistance after the date of 
                enactment of this Act if the action is prohibited under 
                section 705(a)(1) of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5205(a)(1)); and
                    (B) any administrative action to recover a payment 
                of such assistance that is pending on such date of 
                enactment shall be terminated if the action is 
                prohibited under section 705(a)(1) of such Act.
            (2) Limitation.--This section and the amendments made by 
        this section, may not be construed to invalidate or otherwise 
        affect any administration action completed before the date of 
        enactment of this Act.
    Sec. 540. (a) In General.--Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
            (1) in the paragraph heading, by striking ``and employment-
        based'';
            (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
        and (4),'';
            (3) by striking ``subsections (a) and (b) of section 203'' 
        and inserting ``section 203(a)'';
            (4) by striking ``7'' and inserting ``15''; and
            (5) by striking ``such subsections'' and inserting ``such 
        section''.
    (b) Conforming Amendments.--Section 202 of the Immigration and 
Nationality Act (8 U.S.C. 1152) is amended--
            (1) in subsection (a)(3), by striking ``both subsections 
        (a) and (b) of section 203'' and inserting ``section 203(a)'';
            (2) by striking subsection (a)(5); and
            (3) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If it is determined 
that the total number of immigrant visas made available under section 
203(a) to natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa numbers to 
natives under section 203(a), visa numbers with respect to natives of 
that state or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a manner so 
that, except as provided in subsection (a)(4), the proportion of the 
visa numbers made available under each of paragraphs (1) through (4) of 
section 203(a) is equal to the ratio of the total number of visas made 
available under the respective paragraph to the total number of visas 
made available under section 203(a).''.
    (c) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e))'' and 
        inserting ``subsection (d))''; and
            (2) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall take 
effect as if enacted on September 30, 2018, and shall apply to fiscal 
years beginning with fiscal year 2019.
    (e) Transition Rules for Employment-Based Immigrants.--
            (1) In general.--Subject to the succeeding paragraphs of 
        this subsection and notwithstanding title II of the Immigration 
        and Nationality Act (8 U.S.C. 1151 et seq.), the following 
        rules shall apply:
                    (A) For fiscal year 2019, 15 percent of the 
                immigrant visas made available under each of paragraphs 
                (2) and (3) of section 203(b) of such Act (8 U.S.C. 
                1153(b)) shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2011 under such paragraphs.
                    (B) For fiscal year 2020, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2012 under such paragraphs.
                    (C) For fiscal year 2021, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2015 under such paragraphs.
            (2) Per-country levels.--
                    (A) Reserved visas.--With respect to the visas 
                reserved under each of subparagraphs (A) through (C) of 
                paragraph (1), the number of such visas made available 
                to natives of any single foreign state or dependent 
                area in the appropriate fiscal year may not exceed 25 
                percent (in the case of a single foreign state) or 2 
                percent (in the case of a dependent area) of the total 
                number of such visas.
                    (B) Unreserved visas.--With respect to the 
                immigrant visas made available under each of paragraphs 
                (2) and (3) of section 203(b) of such Act (8 U.S.C. 
                1153(b)) and not reserved under paragraph (1), for each 
                of fiscal years 2019, 2020, and 2021, not more than 85 
                percent shall be allotted to immigrants who are natives 
                of any single foreign state.
            (3) Special rule to prevent unused visas.--If, with respect 
        to fiscal year 2019, 2020, or 2021, the operation of paragraphs 
        (1) and (2) of this subsection would prevent the total number 
        of immigrant visas made available under paragraph (2) or (3) of 
        section 203(b) of such Act (8 U.S.C. 1153(b)) from being 
        issued, such visas may be issued during the remainder of such 
        fiscal year without regard to paragraphs (1) and (2) of this 
        subsection.
            (4) Rules for chargeability.--Section 202(b) of such Act (8 
        U.S.C. 1152(b)) shall apply in determining the foreign state to 
        which an alien is chargeable for purposes of this subsection.
    Sec. 541.  No funds or fees made available to the Secretary of 
Homeland Security, or to the head of any other Federal agency, by this 
Act or any other Act may be used to release from Federal custody, other 
than for removal from the United States, any lawfully detained alien--
            (1) who has engaged in or suspected of terrorism or 
        espionage, or who otherwise poses a danger to national 
        security;
            (2) who has been convicted of an offense for which an 
        element was active participation in a criminal street gang, as 
        defined in section 521(a) of title 18, United States Code, or 
        aliens not younger than 16 years of age who intentionally 
        participated in an organized criminal gang to further the 
        illegal activity of that gang;
            (3) who has been convicted of an aggravated felony, as 
        defined in section 101(a)(43) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(43)) at the time of 
        conviction;
            (4) who has been convicted of three or more misdemeanor 
        offenses arising out of not less than 3 separate incidents, 
        other than minor traffic offenses or State or local offenses 
        for which an essential element was the alien's immigration 
        status; or
            (5) who has been convicted of a misdemeanor which is an 
        offense of domestic violence, sexual abuse or exploitation, 
        burglary, unlawful possession or use of a firearm, drug 
        distribution or trafficking, driving under the influence, or 
        any other misdemeanor offense for which the individual was 
        sentenced to a term of imprisonment of 90 days or more (not 
        including a suspended sentence).
    Sec. 542.  None of the funds, resources, or fees made available to 
the Secretary of Homeland Security, or to any other official of a 
Federal agency, by this Act or any other Act for any fiscal year, 
including any deposits into the ``Immigration Examinations Fee 
Account'' established under section 286(m) of the Immigration and 
Nationality Act (8 U.S.C. 1356(m)), may be used to implement, 
administer, enforce, or carry out (including through the issuance of 
any regulations) any of the policy changes set forth in U.S. 
Citizenship and Immigration Services Policy Memo 602-0162, dated July 
11, 2018, or the memorandum from the Principal Legal Advisor on 
Litigating Domestic Violence-Based Persecution Claims Following Matter 
of A-B-, dated July 11, 2018.
    Sec. 543. (a) Except as provided in subsection (b), none of the 
funds made available in this Act may be used to place restraints on a 
woman in the custody of the Department of Homeland Security (including 
during transport, in a detention facility, or at an outside medical 
facility) who is pregnant or in post-delivery recuperation.
    (b) Subsection (a) shall not apply with respect to a pregnant woman 
if--
            (1) an appropriate official of the Department of Homeland 
        Security makes an individualized determination that the woman--
                    (A) is a serious flight risk, and such risk cannot 
                be prevented by other means; or
                    (B) poses an immediate and serious threat to harm 
                herself or others that cannot be prevented by other 
                means; or
            (2) a medical professional responsible for the care of the 
        pregnant woman determines that the use of therapeutic 
        restraints is appropriate for the medical safety of the woman.
    (c) Should a pregnant woman be restrained pursuant to subsection 
(b), only the safest and least restrictive restraints, as determined by 
the appropriate medical professional treating the woman, may be used. 
In no case may restraints be used on a woman who is in active labor or 
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a 
restraint belt that constricts the area of the pregnancy. A pregnant 
woman who is immobilized by restraints shall be positioned, to the 
maximum extent feasible, on her left side.
    Sec. 544.  None of the funds made available by this Act may be used 
to destroy any document, recording, or any other record pertaining to 
any potential sexual assault or abuse perpetrated against any 
individual held in the custody of the Department of Homeland Security.
    Sec. 545.  None of the funds made available by this Act may be used 
to place in detention, remove, refer for removal, or initiate removal 
proceedings against, individuals who were approved by the Secretary of 
Homeland Security to participate in the Deferred Action for Childhood 
Arrivals initiative, as delineated in the June 15, 2012, memorandum 
entitled ``Exercising Prosecutorial Discretion with Respect to 
Individuals Who Came to the United States as Children'', or individuals 
granted temporary protected status under section 244 of the Immigration 
and Nationality Act (8 U.S.C. 1254a), except that this section shall 
not apply with respect to an individual who no longer qualifies either 
for deferred action under the Deferred Action for Childhood Arrivals 
initiative or temporary protected status under section 244 of the 
Immigration and Nationality Act.

                       spending reduction account

    Sec. 546.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2019''.
                                                 Union Calendar No. 739

115th CONGRESS

  2d Session

                               H. R. 6776

                          [Report No. 115-948]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2019, and for other purposes.

_______________________________________________________________________

                           September 12, 2018

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