[Congressional Record Volume 161, Number 33 (Thursday, February 26, 2015)]
[Senate]
[Pages S1172-S1183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 255. Mr. McCONNELL (for Mr. Cochran (for himself, Ms. Mikulski,
and Mrs. Shaheen)) proposed an amendment to the bill H.R. 240, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2015, and for other purposes; as follows:
Strike all after the first word and insert the following:
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,
2015, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $132,573,000: Provided, That not to
exceed $45,000 shall be for official reception and
representation expenses: Provided further, That all official
costs associated with the use of government aircraft by
Department of Homeland Security personnel to support official
travel of the Secretary and the Deputy Secretary shall be
paid from amounts made available for the Immediate Office of
the Secretary and the Immediate Office of the Deputy
Secretary: Provided further, That not later than 30 days
after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, the Committees on the Judiciary of the House
of Representatives and the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee
on Homeland Security and Governmental Affairs of the Senate,
a comprehensive plan for implementation of the biometric
entry and exit data system required under section 7208 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b), including the estimated costs for
implementation.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$187,503,000, of which not to exceed $2,250 shall be for
official reception and representation expenses: Provided,
That of the total amount made available under this heading,
$4,493,000 shall remain available until September 30, 2016,
solely for the alteration and improvement of facilities,
tenant improvements, and relocation costs to consolidate
Department headquarters operations at the Nebraska Avenue
Complex; and $6,000,000 shall remain available until
September 30, 2016, for the Human Resources Information
Technology program: Provided further, That the Under
Secretary for Management shall include in the President's
budget proposal for fiscal year 2016, submitted pursuant to
section 1105(a) of title 31, United States Code, a
Comprehensive Acquisition Status Report, which shall include
the information required under the heading ``Office of the
Under Secretary for Management'' under title I of division D
of the Consolidated Appropriations Act, 2012 (Public Law 112-
74),
[[Page S1173]]
and shall submit quarterly updates to such report not later
than 45 days after the completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $52,020,000: Provided,
That the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time the President's budget proposal
for fiscal year 2016 is submitted pursuant to section 1105(a)
of title 31, United States Code, the Future Years Homeland
Security Program, as authorized by section 874 of Public Law
107-296 (6 U.S.C. 454).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $288,122,000; of which
$99,028,000 shall be available for salaries and expenses; and
of which $189,094,000, to remain available until September
30, 2016, shall be available for development and acquisition
of information technology equipment, software, services, and
related activities for the Department of Homeland Security.
Analysis and Operations
For necessary expenses for intelligence analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$255,804,000; of which not to exceed $3,825 shall be for
official reception and representation expenses; and of which
$102,479,000 shall remain available until September 30, 2016.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $118,617,000; of which not to exceed
$300,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
United States Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and
animal imports, and transportation of unaccompanied minor
aliens; purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,459,657,000; of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$30,000,000 shall be available until September 30, 2016,
solely for the purpose of hiring, training, and equipping
United States Customs and Border Protection officers at ports
of entry; of which not to exceed $34,425 shall be for
official reception and representation expenses; of which such
sums as become available in the Customs User Fee Account,
except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; of
which not to exceed $150,000 shall be available for payment
for rental space in connection with preclearance operations;
and of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2015, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911
(19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding
any other provision of law, none of the funds appropriated by
this Act shall be available to compensate any employee of
United States Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies: Provided further, That the Border Patrol shall
maintain an active duty presence of not less than 21,370
full-time equivalent agents protecting the borders of the
United States in the fiscal year.
automation modernization
For necessary expenses for United States Customs and Border
Protection for operation and improvement of automated
systems, including salaries and expenses, $808,169,000; of
which $446,075,000 shall remain available until September 30,
2017; and of which not less than $140,970,000 shall be for
the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure,
and technology, $382,466,000, to remain available until
September 30, 2017.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, the Air and Marine Operations Center, and other
related equipment of the air and marine program, including
salaries and expenses, operational training, and mission-
related travel, the operations of which include the
following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in
the enforcement or administration of laws enforced by the
Department of Homeland Security; and, at the discretion of
the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; $750,469,000;
of which $299,800,000 shall be available for salaries and
expenses; and of which $450,669,000 shall remain available
until September 30, 2017: Provided, That no aircraft or
other related equipment, with the exception of aircraft that
are one of a kind and have been identified as excess to
United States Customs and Border Protection requirements and
aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or
office outside of the Department of Homeland Security during
fiscal year 2015 without prior notice to the Committees on
Appropriations of the Senate and the House of
Representatives: Provided further, That funding made
available under this heading shall be available for customs
expenses when necessary to maintain or to temporarily
increase operations in Puerto Rico: Provided further, That
the Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of
enactment of this Act, on any changes to the 5-year strategic
plan for the air and marine program required under the
heading ``Air and Marine Interdiction, Operations, and
Maintenance'' in Public Law 112-74.
construction and facilities management
For necessary expenses to plan, acquire, construct,
renovate, equip, furnish, operate, manage, and maintain
buildings, facilities, and related infrastructure necessary
for the administration and enforcement of the laws relating
to customs, immigration, and border security, $288,821,000,
to remain available until September 30, 2019.
United States Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations,
including intellectual property rights and overseas vetted
units operations; and purchase and lease of up to 3,790
(2,350 for replacement only) police-type vehicles;
$5,932,756,000; of which not to exceed $10,000,000 shall be
available until expended for conducting special operations
under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081); of which not to exceed $11,475 shall be for
official reception and representation expenses; of which not
to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security; of which not less than
$305,000 shall be for promotion of public awareness of the
child pornography tipline and activities to counter child
exploitation; of which not less than $5,400,000 shall be used
to facilitate agreements consistent with section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)); of
which not to exceed $40,000,000, to remain available until
September 30, 2017, is for maintenance, construction, and
lease hold improvements at owned and leased facilities; and
of which not to exceed $11,216,000 shall be available to fund
or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided,
That none of the funds made available under this heading
shall be available to compensate any employee for overtime in
an annual amount in excess of $35,000, except that the
Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided,
$15,770,000 shall be for activities to enforce laws against
forced child labor, of which not to exceed $6,000,000 shall
remain available until expended: Provided further, That of
the total amount available, not less than $1,600,000,000
shall be available to identify aliens convicted of a crime
who may be deportable, and to remove them from the United
States once they are judged deportable: Provided further,
That the Secretary of Homeland Security shall prioritize the
identification and removal of aliens convicted of a crime by
the severity of that crime: Provided further, That funding
made available under this heading shall maintain a level of
not less than 34,000 detention beds through September 30,
2015: Provided further, That of the total amount provided,
not less than $3,431,444,000 is for detention, enforcement,
and removal operations, including transportation of
unaccompanied minor aliens: Provided further, That of the
amount provided for Custody Operations in the previous
proviso, $45,000,000 shall remain available until September
30, 2019: Provided further, That of the total amount
provided for the Visa Security Program and international
investigations, $43,000,000 shall remain available until
[[Page S1174]]
September 30, 2016: Provided further, That not less than
$15,000,000 shall be available for investigation of
intellectual property rights violations, including operation
of the National Intellectual Property Rights Coordination
Center: Provided further, That none of the funds provided
under this heading may be used to continue a delegation of
law enforcement authority authorized under section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated: Provided further,
That none of the funds provided under this heading may be
used to continue any contract for the provision of detention
services if the two most recent overall performance
evaluations received by the contracted facility are less than
``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That
nothing under this heading shall prevent United States
Immigration and Customs Enforcement from exercising those
authorities provided under immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) during priority operations pertaining to
aliens convicted of a crime: Provided further, That without
regard to the limitation as to time and condition of section
503(d) of this Act, the Secretary may propose to reprogram
and transfer funds within and into this appropriation
necessary to ensure the detention of aliens prioritized for
removal.
automation modernization
For expenses of immigration and customs enforcement
automated systems, $26,000,000, to remain available until
September 30, 2017.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$5,639,095,000, to remain available until September 30, 2016;
of which not to exceed $7,650 shall be for official reception
and representation expenses: Provided, That any award to
deploy explosives detection systems shall be based on risk,
the airport's current reliance on other screening solutions,
lobby congestion resulting in increased security concerns,
high injury rates, airport readiness, and increased cost
effectiveness: Provided further, That security service fees
authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2015 so as to result in a final
fiscal year appropriation from the general fund estimated at
not more than $3,574,095,000: Provided further, That the
fees deposited under this heading in fiscal year 2013 and
sequestered pursuant to section 251A of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a),
that are currently unavailable for obligation, are hereby
permanently cancelled: Provided further, That
notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2015, any funds in the Aviation
Security Capital Fund established by section 44923(h) of
title 49, United States Code, may be used for the procurement
and installation of explosives detection systems or for the
issuance of other transaction agreements for the purpose of
funding projects described in section 44923(a) of such title:
Provided further, That notwithstanding any other provision
of law, mobile explosives detection equipment purchased and
deployed using funds made available under this heading may be
moved and redeployed to meet evolving passenger and baggage
screening security priorities at airports: Provided further,
That none of the funds made available in this Act may be used
for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the
agency to exceed a staffing level of 45,000 full-time
equivalent screeners: Provided further, That the preceding
proviso shall not apply to personnel hired as part-time
employees: Provided further, That not later than 90 days
after the date of enactment of this Act, the Administrator of
the Transportation Security Administration shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective
security of passengers and baggage at the lowest possible
operating and acquisition costs, including projected funding
levels for each fiscal year for the next 5 years or until
project completion, whichever is earlier;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener
workforce in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and how
those savings are being used to offset security costs or
reinvested to address security vulnerabilities:
Provided further, That not later than April 15, 2015, the
Administrator of the Transportation Security Administration
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, a semiannual report
updating information on a strategy to increase the number of
air passengers eligible for expedited screening, including:
(1) specific benchmarks and performance measures to
increase participation in Pre-Check by air carriers,
airports, and passengers;
(2) options to facilitate direct application for enrollment
in Pre-Check through the Transportation Security
Administration's Web site, airports, and other enrollment
locations;
(3) use of third parties to pre-screen passengers for
expedited screening;
(4) inclusion of populations already vetted by the
Transportation Security Administration and other trusted
populations as eligible for expedited screening;
(5) resource implications of expedited passenger screening
resulting from the use of risk-based security methods; and
(6) the total number and percentage of passengers using
Pre-Check lanes who:
(A) have enrolled in Pre-Check since Transportation
Security Administration enrollment centers were established;
(B) enrolled using the Transportation Security
Administration's Pre-Check application Web site;
(C) were enrolled as frequent flyers of a participating
airline;
(D) utilized Pre-Check as a result of their enrollment in a
Trusted Traveler program of United States Customs and Border
Protection;
(E) were selectively identified to participate in expedited
screening through the use of Managed Inclusion in fiscal year
2014; and
(F) are enrolled in all other Pre-Check categories:
Provided further, That Members of the United States House
of Representatives and United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security
activities, $123,749,000, to remain available until September
30, 2016.
intelligence and vetting
For necessary expenses for the development and
implementation of intelligence and vetting activities,
$219,166,000, to remain available until September 30, 2016.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support
pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$917,226,000, to remain available until September 30, 2016:
Provided, That not later than 90 days after the date of
enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives--
(1) a report providing evidence demonstrating that
behavioral indicators can be used to identify passengers who
may pose a threat to aviation security and the plans that
will be put into place to collect additional performance
data; and
(2) a report addressing each of the recommendations
outlined in the report entitled ``TSA Needs Additional
Information Before Procuring Next-Generation Systems'',
published by the Government Accountability Office on March
31, 2014, and describing the steps the Transportation
Security Administration is taking to implement acquisition
best practices, increase industry engagement, and improve
transparency with regard to technology acquisition programs:
Provided further, That of the funds provided under this
heading, $25,000,000 shall be withheld from obligation for
Headquarters Administration until the submission of the
reports required by paragraphs (1) and (2) of the preceding
proviso.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of no more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase
or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding
$1,000,000 in total cost on any location; payments pursuant
to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $7,043,318,000, of
which $553,000,000 shall be for defense-related activities,
of which $213,000,000 is designated by the Congress for
Overseas Contingency Operations/Global War
[[Page S1175]]
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 and shall be
available only if the President subsequently so designates
all such amounts and transmits such designations to the
Congress; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $15,300 shall
be for official reception and representation expenses:
Provided, That none of the funds made available by this Act
shall be for expenses incurred for recreational vessels under
section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited
to this appropriation: Provided further, That to the extent
fees are insufficient to pay expenses of recreational vessel
documentation under such section 12114, and there is a
backlog of recreational vessel applications, then personnel
performing non-recreational vessel documentation functions
under subchapter II of chapter 121 of title 46, United States
Code, may perform documentation under section 12114:
Provided further, That of the funds provided under this
heading, $85,000,000 shall be withheld from obligation for
Coast Guard Headquarters Directorates until a future-years
capital investment plan for fiscal years 2016 through 2020,
as specified under the heading ``Coast Guard, Acquisition,
Construction, and Improvements'' of this Act, is submitted to
the Committees on Appropriations of the Senate and the House
of Representatives: Provided further, That funds made
available under this heading for Overseas Contingency
Operations/Global War on Terrorism may be allocated by
program, project, and activity, notwithstanding section 503
of this Act: Provided further, That, without regard to the
limitation as to time and condition of section 503(d) of this
Act, after June 30, up to $10,000,000 may be reprogrammed to
or from Military Pay and Allowances in accordance with
subsections (a), (b), and (c) of section 503.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,197,000, to
remain available until September 30, 2019.
reserve training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the Coast
Guard reserve program; personnel and training costs; and
equipment and services; $114,572,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease, and
operation of facilities and equipment; as authorized by law;
$1,225,223,000; of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts shall
be available until September 30, 2019 (except as subsequently
specified): $6,000,000 for military family housing;
$824,347,000 to acquire, effect major repairs to, renovate,
or improve vessels, small boats, and related equipment;
$180,000,000 to acquire, effect major repairs to, renovate,
or improve aircraft or increase aviation capability;
$59,300,000 for other acquisition programs; $40,580,000 for
shore facilities and aids to navigation, including facilities
at Department of Defense installations used by the Coast
Guard; and $114,996,000, to remain available until September
30, 2015, for personnel compensation and benefits and related
costs: Provided, That the funds provided by this Act shall
be immediately available and allotted to contract for the
production of the eighth National Security Cutter
notwithstanding the availability of funds for post-production
costs: Provided further, That the Commandant of the Coast
Guard shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives, at the time the President's budget
proposal for fiscal year 2016 is submitted pursuant to
section 1105(a) of title 31, United States Code, a future-
years capital investment plan for the Coast Guard that
identifies for each requested capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each asset,
subdivided by fiscal year and including a detailed
description of the purpose of the proposed funding levels for
each fiscal year, including for each fiscal year funds
requested for design, pre-acquisition activities, production,
structural modifications, missionization, post-delivery, and
transition to operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year; and
(ii) major acquisition and project events, including
development of operational requirements, contracting actions,
design reviews, production, delivery, test and evaluation,
and transition to operations, including necessary training,
shore infrastructure, and logistics;
(C) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from
the original acquisition program baseline and the most recent
baseline approved by the Department of Homeland Security's
Acquisition Review Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of comparable
legacy assets, identifying known capability gaps between such
existing capabilities and stated mission requirements, and
explaining how the acquisition of each asset will address
such known capability gaps;
(E) defines life-cycle costs for each asset and the date of
the estimate on which such costs are based, including all
associated costs of major acquisitions systems infrastructure
and transition to operations, delineated by purpose and
fiscal year for the projected service life of the asset;
(F) includes the earned value management system summary
schedule performance index and cost performance index for
each asset, if applicable; and
(G) includes a phase-out and decommissioning schedule
delineated by fiscal year for each existing legacy asset that
each asset is intended to replace or recapitalize:
Provided further, That the Commandant of the Coast Guard
shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent
practicable, with proposed appropriations necessary to
support the programs, projects, and activities of the Coast
Guard in the President's budget proposal for fiscal year
2016, submitted pursuant to section 1105(a) of title 31,
United States Code: Provided further, That any
inconsistencies between the capital investment plan and
proposed appropriations shall be identified and justified:
Provided further, That the Director of the Office of
Management and Budget shall not delay the submission of the
capital investment plan referred to by the preceding
provisos: Provided further, That the Director of the Office
of Management and Budget shall have no more than a single
period of 10 consecutive business days to review the capital
investment plan prior to submission: Provided further, That
the Secretary of Homeland Security 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 one day after the capital investment plan is
submitted to the Office of Management and Budget for review
and the Director of the Office of Management and Budget 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 when such review is completed: Provided
further, That subsections (a) and (b) of section 6402 of
Public Law 110-28 shall hereafter apply with respect to the
amounts made available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $17,892,000, to remain
available until September 30, 2017, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may
be credited to and used for the purposes of this
appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries for expenses incurred for research,
development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts, and combat-related
special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and
their dependents under chapter 55 of title 10, United States
Code, $1,450,626,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates
as
[[Page S1176]]
may be determined by the Director of the United States Secret
Service; rental of buildings in the District of Columbia, and
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control, as may be necessary to perform protective functions;
payment of per diem or subsistence allowances to employees in
cases in which a protective assignment on the actual day or
days of the visit of a protectee requires an employee to work
16 hours per day or to remain overnight at a post of duty;
conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret
Service employees on protective missions without regard to
the limitations on such expenditures in this or any other Act
if approval is obtained in advance from the Committees on
Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct
behavioral research in support of protective research and
operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,615,860,000; of which not to exceed $19,125
shall be for official reception and representation expenses;
of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; of which
$6,000,000 shall be for a grant for activities related to
investigations of missing and exploited children and shall
remain available until September 30, 2016; and of which not
less than $12,000,000 shall be for activities related to
training in electronic crimes investigations and forensics:
Provided, That $18,000,000 for protective travel shall remain
available until September 30, 2016: Provided further, That
$4,500,000 for National Special Security Events shall remain
available until September 30, 2016: Provided further, That
the United States Secret Service is authorized to obligate
funds in anticipation of reimbursements from Federal agencies
and entities, as defined in section 105 of title 5, United
States Code, for personnel receiving training sponsored by
the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed
total budgetary resources available under this heading at the
end of the fiscal year: Provided further, That none of the
funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in
excess of $35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that
amount as necessary for national security purposes: Provided
further, That none of the funds made available to the United
States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security: Provided further, That the Director of
the United States Secret Service may enter into an agreement
to provide such protection on a fully reimbursable basis:
Provided further, That none of the funds made available to
the United States Secret Service by this Act or by previous
appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or
location unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days
in advance of such obligation: Provided further, That not
later than 90 days after the date of enactment of this Act,
the Director of the United States Secret Service shall submit
to the Committees on Appropriations of the Senate and the
House of Representatives, a report providing evidence that
the United States Secret Service has sufficiently reviewed
its professional standards of conduct; and has issued new
guidance and procedures for the conduct of employees when
engaged in overseas operations and protective missions,
consistent with the critical missions of, and the unique
position of public trust occupied by, the United States
Secret Service: Provided further, That of the funds provided
under this heading, $10,000,000 shall be withheld from
obligation for Headquarters, Management and Administration
until such report is submitted: Provided further, That for
purposes of section 503(b) of this Act, $15,000,000 or 10
percent, whichever is less, may be transferred between
Protection of Persons and Facilities and Domestic Field
Operations.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of physical and
technological infrastructure, $49,935,000; of which
$5,380,000, to remain available until September 30, 2019,
shall be for acquisition, construction, improvement, and
maintenance of the James J. Rowley Training Center; and of
which $44,555,000, to remain available until September 30,
2017, shall be for Information Integration and Technology
Transformation program execution.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs
Directorate, support for operations, and information
technology, $61,651,000: Provided, That not to exceed $3,825
shall be for official reception and representation expenses:
Provided further, That the President's budget proposal for
fiscal year 2016, submitted pursuant to section 1105(a) of
title 31, United States Code, shall be detailed by office,
and by program, project, and activity level, for the National
Protection and Programs Directorate.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized
by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $1,188,679,000, of which $225,000,000 shall
remain available until September 30, 2016: Provided, That
if, due to delays in contract actions, the National
Protection and Programs Directorate will not fully obligate
funds for Federal Network Security or for Network Security
Deployment program, project, and activities as provided in
the accompanying statement and section 548 of this Act, such
funds may be applied to Next Generation Networks program,
project, and activities, notwithstanding section 503 of this
Act.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Director of the
Federal Protective Service shall submit at the time the
President's budget proposal for fiscal year 2016 is submitted
pursuant to section 1105(a) of title 31, United States Code,
a strategic human capital plan that aligns fee collections to
personnel requirements based on a current threat assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b),
$252,056,000: Provided, That of the total amount made
available under this heading, $122,150,000 shall remain
available until September 30, 2017.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$129,358,000; of which $26,148,000 is for salaries and
expenses and $86,891,000 is for BioWatch operations:
Provided, That of the amount made available under this
heading, $16,319,000 shall remain available until September
30, 2016, for biosurveillance, chemical defense, medical and
health planning and coordination, and workforce health
protection: Provided further, That not to exceed $2,250
shall be for official reception and representation expenses.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management
Agency, $934,396,000, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande
Fire Assistance Act of 2000 (division C, title I, 114 Stat.
583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization
Plan No. 3 of 1978 (5 U.S.C. App.), the National Dam Safety
Program Act (33 U.S.C. 467 et seq.), the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53), the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2201 et seq.), the Post-Katrina Emergency
Management Reform Act of 2006 (Public Law 109-295; 120 Stat.
1394), the Biggert-Waters Flood Insurance Reform Act of 2012
(Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89):
Provided, That not to exceed $2,250 shall be for official
reception and representation expenses: Provided further,
That of the total amount made available under this heading,
$35,180,000 shall be for the Urban Search and Rescue Response
System, of which none is available for Federal Emergency
Management Agency administrative costs: Provided further,
That of the total amount made available under this heading,
$30,000,000 shall remain available until September 30, 2016,
for capital improvements and other expenses related to
continuity of operations at the Mount Weather Emergency
Operations Center: Provided further, That of the total
amount made available, $3,400,000 shall be for the Office of
National Capital Region Coordination: Provided further, That
of the total amount made available under this heading, not
less than $4,000,000 shall remain available until September
30, 2016, for expenses related to modernization of automated
systems.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, $1,500,000,000, which shall be allocated as
follows:
(1) $467,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which not less than $55,000,000
shall be for Operation Stonegarden: Provided, That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2015, the Commonwealth of Puerto Rico shall make
[[Page S1177]]
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $600,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which not less than $13,000,000 shall
be for organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under sections 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135,
1163, and 1182), of which not less than $10,000,000 shall be
for Amtrak security and $3,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,000,000 shall be to sustain current operations for
training, exercises, technical assistance, and other
programs, of which $162,991,000 shall be for training of
State, local, and tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible
applicants not later than 60 days after the date of enactment
of this Act, that eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding
section 2008(a)(11) of the Homeland Security Act of 2002 (6
U.S.C. 609(a)(11)) or any other provision of law, a grantee
may not use more than 5 percent of the amount of a grant made
available under this heading for expenses directly related to
administration of the grant: Provided further, That for
grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a
building or other physical facility: Provided further, That
grantees shall provide reports on their use of funds, as
determined necessary by the Secretary of Homeland Security:
Provided further, That notwithstanding section 509 of this
Act, the Administrator of the Federal Emergency Management
Agency may use the funds provided in paragraph (5) to acquire
real property for the purpose of establishing or
appropriately extending the security buffer zones around
Federal Emergency Management Agency training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$680,000,000, to remain available until September 30, 2016,
of which $340,000,000 shall be available to carry out section
33 of that Act (15 U.S.C. 2229) and $340,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C.
2229a).
emergency management performance grants
For emergency management performance grants, as authorized
by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2015, as
authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall
not be less than 100 percent of the amounts anticipated by
the Department of Homeland Security necessary for its
radiological emergency preparedness program for the next
fiscal year: Provided, That the methodology for assessment
and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That fees received under this heading shall be
deposited in this account as offsetting collections and will
become available for authorized purposes on October 1, 2015,
and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $7,033,464,494, to remain available
until expended, of which $24,000,000 shall be transferred to
the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters:
Provided, That the Administrator of the Federal Emergency
Management Agency shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
the following reports, including a specific description of
the methodology and the source data used in developing such
reports:
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget
proposal for fiscal year 2016 is submitted pursuant to
section 1105(a) of title 31, United States Code:
(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic events
for the budget year;
(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
(E) the total amount that has been previously obligated or
will be required for catastrophic events delineated by event
and by State for all prior years, the current year, the
budget year, the budget year plus 1, the budget year plus 2,
and the budget year plus 3 and beyond;
(F) the amount of previously obligated funds that will be
recovered for the budget year;
(G) the amount that will be required for obligations for
emergencies, as described in section 102(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(1)), major disasters, as described in section
102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)), fire management
assistance grants, as described in section 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5187), surge activities, and disaster readiness and
support activities; and
(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99-177);
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, and shall be
published by the Administrator on the Agency's Web site not
later than the fifth day of each month:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations,
and obligations made;
(B) a table of disaster relief activity delineated by
month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include amounts obligated for
fire assistance, emergencies, surge, and disaster support
activities;
(iii) the obligations for catastrophic events delineated by
event and by State; and
(iv) the amount of previously obligated funds that are
recovered;
(C) a summary of allocations, obligations, and expenditures
for catastrophic events delineated by event;
(D) in addition, for a disaster declaration related to
Hurricane Sandy, the cost of the following categories of
spending: public assistance, individual assistance,
mitigation, administrative, operations, and any other
relevant category (including emergency measures and disaster
resources); and
(E) the date on which funds appropriated will be exhausted:
Provided further, That the Administrator shall publish on
the Agency's Web site not later than 5 days after an award of
a public assistance grant under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172) the specifics of the grant award: Provided
further, That for any mission assignment or mission
assignment task order to another Federal department or agency
regarding a major disaster, not later than 5 days after the
issuance of the mission assignment or task order, the
Administrator shall publish on the Agency's website the
following: the name of the impacted State and the disaster
declaration for such State, the assigned agency, the
assistance requested, a description of the disaster, the
total cost estimate, and the amount obligated: Provided
further, That not later than 10 days after the last day of
each month until the mission assignment or task order is
completed and closed out, the Administrator shall update any
changes to the total cost estimate and the amount obligated:
Provided further, That of the amount provided under this
heading, $6,437,792,622 shall be for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided
further, That the amount in the preceding proviso is
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs,
under section 1360 of the National Flood Insurance Act of
1968 (42 U.S.C. 4101), and under sections 100215, 100216,
100226, 100230, and 100246 of the Biggert-Waters Flood
Insurance Reform Act of 2012, (Public Law 112-141, 126 Stat.
916), $100,000,000, and such additional sums as may be
provided by State and local governments or other political
subdivisions for cost-shared mapping activities under section
1360(f)(2) of such Act
[[Page S1178]]
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (subtitle A of title II of
division F of Public Law 112-141; 126 Stat. 916), and the
Homeowner Flood Insurance Affordability Act of 2014 (Public
Law 113-89; 128 Stat. 1020), $179,294,000, which shall remain
available until September 30, 2016, and shall be derived from
offsetting amounts collected under section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d));
which is available for salaries and expenses associated with
flood mitigation and flood insurance operations; and
floodplain management and additional amounts for flood
mapping: Provided, That of such amount, $23,759,000 shall be
available for salaries and expenses associated with flood
mitigation and flood insurance operations and $155,535,000
shall be available for flood plain management and flood
mapping: Provided further, That any additional fees
collected pursuant to section 1308(d) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be credited
as an offsetting collection to this account, to be available
for flood plain management and flood mapping: Provided
further, That in fiscal year 2015, 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) $136,000,000 for operating expenses;
(2) $1,139,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $150,000,000, 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 $5,000,000 is available to carry out section 24
of the Homeowner Flood Insurance Affordability Act of 2014
(42 U.S.C. 4033).
national predisaster mitigation fund
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), $25,000,000, to remain
available until expended.
emergency food and shelter
To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to
remain available until expended: Provided, That total
administrative costs shall not exceed 3.5 percent of the
total amount made available under this heading.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $124,435,000 for the E-Verify Program, as described
in section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note),
to assist United States employers with maintaining a legal
workforce: Provided, That, notwithstanding any other
provision of law, funds otherwise made available to United
States Citizenship and Immigration Services may be used to
acquire, operate, equip, and dispose of up to 5 vehicles, for
replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease:
Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees
who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of
employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not
to exceed 117 vehicles for police-type use and hire of
passenger motor vehicles; expenses for student athletic and
related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness
and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $230,497,000; of
which up to $54,154,000 shall remain available until
September 30, 2016, for materials and support costs of
Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to
Federal law enforcement agencies for expenses incurred
participating in training accreditation; and of which not to
exceed $7,180 shall be for official reception and
representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by
the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further,
That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended under this heading in division F of Public
Law 113-76, is further amended by striking ``December 31,
2016'' and inserting ``December 31, 2017'': Provided
further, That the Director of the Federal Law Enforcement
Training Center shall schedule basic or advanced law
enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement
Training Center to ensure that such training facilities are
operated at the highest capacity throughout the fiscal year:
Provided further, That the Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $27,841,000, to remain available
until September 30, 2019: Provided, That the Center is
authorized to accept reimbursement to this appropriation from
government agencies requesting the construction of special
use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.), $129,993,000: Provided, That not to exceed $7,650
shall be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and
evaluation, acquisition, and operations as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.), and the purchase or lease of not to exceed 5
vehicles, $973,915,000; of which $538,926,000 shall remain
available until September 30, 2017; and of which $434,989,000
shall remain available until September 30, 2019, solely for
operation and construction of laboratory facilities:
Provided, That of the funds provided for the operation and
construction of laboratory facilities under this heading,
$300,000,000 shall be for construction of the National Bio-
and Agro-defense Facility.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office, as authorized by title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 591 et seq.), for management and
administration of programs and activities, $37,339,000:
Provided, That not to exceed $2,250 shall be for official
reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear
research, development, testing, evaluation, and operations,
$197,900,000, to remain available until September 30, 2017.
systems acquisition
For necessary expenses for the Domestic Nuclear Detection
Office acquisition and deployment of radiological detection
systems in accordance with the global nuclear detection
architecture, $72,603,000, to remain available until
September 30, 2017.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations
[[Page S1179]]
Acts to the agencies in or transferred to the Department of
Homeland Security that remain available for obligation or
expenditure in fiscal year 2015, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate
or the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which
funding levels were requested for Federal full-time
equivalents in the object classification tables contained in
the fiscal year 2015 Budget Appendix for the Department of
Homeland Security, as modified by the report accompanying
this Act, unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2015, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity;
(3) reduces by 10 percent the numbers of personnel approved
by the Congress; or
(4) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless
the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations based upon an initial notification
provided after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
this section shall apply to any use of deobligated balances
of funds provided in previous Department of Homeland Security
Appropriations Acts.
Sec. 504. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
as a permanent working capital fund for fiscal year 2015:
Provided, That none of the funds appropriated or otherwise
made available to the Department of Homeland Security may be
used to make payments to the Working Capital Fund, except for
the activities and amounts allowed in the President's fiscal
year 2015 budget: Provided further, That funds provided to
the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working
Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each
Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for
purposes consistent with the contributing component:
Provided further, That the Working Capital Fund shall be paid
in advance or reimbursed at rates which will return the full
cost of each service: Provided further, That the Committees
on Appropriations of the Senate and House of Representatives
shall be notified of any activity added to or removed from
the fund: Provided further, That the Chief Financial Officer
of the Department of Homeland Security shall submit a
quarterly execution report with activity level detail, not
later than 30 days after the end of each quarter.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2015, as
recorded in the financial records at the time of a
reprogramming request, but not later than June 30, 2016, from
appropriations for salaries and expenses for fiscal year 2015
in this Act shall remain available through September 30,
2016, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the
obligation of such funds, a request shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503
of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2015 until the enactment of an Act authorizing
intelligence activities for fiscal year 2015.
Sec. 507. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used
to--
(1) make or award a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-
year Department of Homeland Security funds;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered
by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the
prohibition under subsection (a) if the Secretary notifies
the Committees on Appropriations of the Senate and the House
of Representatives at least 3 full business days in advance
of making an award or issuing a letter as described in that
subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after
such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
(e) The Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days
in advance of announcing publicly the intention of making an
award under ``State and Local Programs''.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department
of Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
(b) The third proviso of section 537 of the Department of
Homeland Security Appropriations Act, 2006 (6 U.S.C. 114),
shall not apply with respect to funds made available in this
Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act. For purposes of the preceding sentence, the
term ``Buy American Act'' means chapter 83 of title 41,
United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a monthly budget and staffing report for that month that
includes total obligations of the Department for that month
for the fiscal year at the appropriation and program,
project, and activity levels, by the source year of the
appropriation. Total obligations for staffing shall also be
provided by subcategory of on-board and funded full-time
equivalent staffing levels, respectively, and the report
shall specify the number of, and total obligations for,
contract employees for each office of the Department.
Sec. 514. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation
[[Page S1180]]
Security'', ``Administration'', and ``Transportation Security
Support'' for fiscal years 2004 and 2005 that are recovered
or deobligated shall be available only for the procurement or
installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to
notification: Provided, That semiannual reports shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives on any funds that are
recovered or deobligated.
Sec. 515. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of United States Citizenship and Immigration Services
of the Department of Homeland Security who are known as
Immigration Information Officers, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
Sec. 516. Any funds appropriated to ``Coast Guard,
Acquisition, Construction, and Improvements'' for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot
patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the Fast
Response Cutter program.
Sec. 517. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 518. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2015, to the
Office of Inspector General of the Department of Homeland
Security listing all grants and contracts awarded by any
means other than full and open competition during fiscal year
2015.
(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,
2016.
Sec. 519. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor
thereto) for any Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies unless--
(1) the responsibilities of the Principal Federal Official
do not include operational functions related to incident
management, including coordination of operations, and are
consistent with the requirements of section 509(c) and
sections 503(c)(3) and 503(c)(4)(A) of the Homeland Security
Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A))
and section 302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143);
(2) not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the
President issues a declaration under section 401 or section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 and 5191, respectively), the
Secretary of Homeland Security shall submit a notification of
the appointment of the Principal Federal Official and a
description of the responsibilities of such Official and how
such responsibilities are consistent with paragraph (1) to
the Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
(3) not later than 60 days after the date of enactment of
this Act, the Secretary shall provide a report specifying
timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise
protocols, to ensure consistency with paragraph (1) of this
section.
Sec. 520. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452).
Sec. 521. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 522. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the granting of the benefit have been received by United
States Citizenship and Immigration Services, and the results
do not preclude the granting of the benefit.
Sec. 523. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2014,'' and inserting ``Until September 30, 2015,''; and
(2) in subsection (c)(1), by striking ``September 30,
2014,'' and inserting ``September 30, 2015,''.
Sec. 524. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 525. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used
to approve a waiver of the navigation and vessel-inspection
laws pursuant to 46 U.S.C. 501(b) for the transportation of
crude oil distributed from the Strategic Petroleum Reserve
until the Secretary of Homeland Security, after consultation
with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives within 2 business days of any request for
waivers of navigation and vessel-inspection laws pursuant to
46 U.S.C. 501(b).
Sec. 526. None of the funds made available in this Act for
United States 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. 527. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 528. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9703.1(g)(4)(B) of title 31, United
States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security: Provided, That
none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives approve the proposed
transfers.
Sec. 529. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 530. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 531. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date on which the President determines whether to declare
a major disaster because of an event and any appeal is
completed, the Administrator shall publish on the Web site of
the Federal Emergency Management Agency a report regarding
that decision that shall summarize damage assessment
information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 532. 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. 533. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(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. 534. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this
[[Page S1181]]
Act in contravention of sections 301-10.122 through 301-
10.124 of title 41, Code of Federal Regulations.
Sec. 535. 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. 536. (a) Any company that collects or retains personal
information directly from any individual who participates in
the Registered Traveler or successor program of the
Transportation Security Administration shall hereafter
safeguard and dispose of such information in accordance with
the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled
``Recommended Security Controls for Federal Information
Systems and Organizations''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the ``Administrator'').
(b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program
shall hereafter be known as the ``Sponsoring Entity''.
(c) The Administrator shall hereafter require any company
covered by subsection (a) to provide, not later than 30 days
after the date of enactment of this Act, to the Sponsoring
Entity written certification that the procedures used by the
company to safeguard and dispose of information are in
compliance with the requirements under subsection (a). Such
certification shall include a description of the procedures
used by the company to comply with such requirements.
Sec. 537. 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. 538. In developing any process to screen aviation
passengers and crews for transportation or national security
purposes, the Secretary of Homeland Security shall ensure
that all such processes take into consideration such
passengers' and crews' privacy and civil liberties consistent
with applicable laws, regulations, and guidance.
Sec. 539. (a) Notwithstanding section 1356(n) of title 8,
United States Code, of the funds deposited into the
Immigration Examinations Fee Account, $10,000,000 may be
allocated by United States Citizenship and Immigration
Services in fiscal year 2015 for the purpose of providing an
immigrant integration grants program.
(b) None of the funds made available to United States
Citizenship and Immigration Services for grants for immigrant
integration may be used to provide services to aliens who
have not been lawfully admitted for permanent residence.
Sec. 540. For an additional amount for the ``Office of the
Under Secretary for Management'', $48,600,000, to remain
available until expended, for necessary expenses to plan,
acquire, design, construct, renovate, remediate, equip,
furnish, improve infrastructure, and occupy buildings and
facilities for the department headquarters consolidation
project and associated mission support consolidation:
Provided, That the Committees on Appropriations of the Senate
and the House of Representatives shall receive an expenditure
plan not later than 90 days after the date of enactment of
the Act detailing the allocation of these funds.
Sec. 541. 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. 542. (a) For an additional amount for financial
systems modernization, $34,072,000 to remain available until
September 30, 2016.
(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. 543. Notwithstanding the 10 percent limitation
contained in section 503(c) of this Act, the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
5 days in advance of such transfer.
Sec. 544. Notwithstanding any other provision of law, if
the Secretary of Homeland Security determines that specific
United States Immigration and Customs Enforcement Service
Processing Centers or other United States Immigration and
Customs Enforcement owned detention facilities no longer meet
the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other United States
Immigration and Customs Enforcement owned detention
facilities by directing the Administrator of General Services
to sell all real and related personal property which support
Service Processing Centers or other United States Immigration
and Customs Enforcement owned detention facilities, subject
to such terms and conditions as necessary to protect
Government interests and meet program requirements:
Provided, That the proceeds, net of the costs of sale
incurred by the General Services Administration and United
States Immigration and Customs Enforcement, shall be
deposited as offsetting collections into a separate account
that shall be available, subject to appropriation, until
expended for other real property capital asset needs of
existing United States Immigration and Customs Enforcement
assets, excluding daily operations and maintenance costs, as
the Secretary deems appropriate: Provided further, That any
sale or collocation of federally owned detention facilities
shall not result in the maintenance of fewer than 34,000
detention beds: Provided further, That the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified 15 days prior to the announcement of any
proposed sale or collocation.
Sec. 545. The Commissioner of United States Customs and
Border Protection and the Assistant Secretary of Homeland
Security for United States Immigration and Customs
Enforcement shall, with respect to fiscal years 2015, 2016,
2017, and 2018, submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time that
the President's budget proposal for fiscal year 2016 is
submitted pursuant to the requirements of section 1105(a) of
title 31, United States Code, the information required in the
multi-year investment and management plans required,
respectively, under the headings ``U.S. Customs and Border
Protection, Salaries and Expenses'' under title II of
division D of the Consolidated Appropriations Act, 2012
(Public Law 112-74); ``U.S. Customs and Border Protection,
Border Security Fencing, Infrastructure, and Technology''
under such title; and section 568 of such Act.
Sec. 546. The Secretary of Homeland Security shall ensure
enforcement of all immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
Sec. 547. (a) Of the amounts made available by this Act for
``National Protection and Programs Directorate,
Infrastructure Protection and Information Security'',
$140,525,000 for the Federal Network Security program,
project, and activity shall be used to deploy on Federal
systems technology to improve the information security of
agency information systems covered by section 3543(a) of
title 44, United States Code: Provided, That funds made
available under this section shall be used to assist and
support Government-wide and agency-specific efforts to
provide adequate, risk-based, and cost-effective
cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition
and operation of a continuous monitoring and diagnostics
program, in collaboration with departments and agencies, that
includes equipment, software, and Department of Homeland
Security supplied services: Provided further, That
continuous monitoring and diagnostics software procured by
the funds made available by this section shall not transmit
to the Department of Homeland Security any personally
identifiable information or content of network communications
of other agencies' users: Provided further, That such
software shall be installed, maintained, and operated in
accordance with all applicable privacy laws and agency-
specific policies regarding network content.
(b) Funds made available under this section may not be used
to supplant funds provided for any such system within an
agency budget.
(c) Not later than July 1, 2015, the heads of all Federal
agencies shall submit to the Committees on Appropriations of
the Senate and the House of Representatives expenditure plans
for necessary cybersecurity improvements to address known
vulnerabilities to information systems described in
subsection (a).
(d) Not later than October 1, 2015, and semiannually
thereafter, the head of each Federal agency shall submit to
the Director of the Office of Management and Budget a report
on the execution of the expenditure plan for that agency
required by subsection (c): Provided, That the Director of
the Office of Management and Budget shall summarize such
execution reports and annually submit such summaries to
Congress in conjunction with the annual progress report on
implementation of the E-Government Act of 2002 (Public Law
107-347), as required by section 3606 of title 44, United
States Code.
(e) This section shall not apply to the legislative and
judicial branches of the Federal Government and shall apply
to all Federal agencies within the executive branch except
for the Department of Defense, the Central Intelligence
Agency, and the Office of the Director of National
Intelligence.
Sec. 548. (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,
[[Page S1182]]
State, tribal, or local law enforcement agency or any other
entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 549. 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. 550. None of the funds provided in this or any other
Act may be obligated to implement the National Preparedness
Grant Program or any other successor grant programs unless
explicitly authorized by Congress.
Sec. 551. None of the funds made available in this Act may
be used to provide funding for the position of Public
Advocate, or a successor position, within United States
Immigration and Customs Enforcement.
Sec. 552. (a) Section 559 of division F of Public Law 113-
76 is amended as follows:
(1) Subsection (f)(2)(B) is amended by adding at the end:
``Such transfer shall not be required for personal property,
including furniture, fixtures, and equipment.''; and
(2) Subsection (e)(3)(b) is amended by inserting after
``payment of overtime'' the following: ``and the salaries,
training and benefits of individuals employed by U.S. Customs
and Border Protection to support U.S. Customs and Border
Protection officers in performing law enforcement functions
at ports of entry, including primary and secondary processing
of passengers''.
(b) Section 560(g) of division D of Public Law 113-6 is
amended by inserting after ``payment of overtime'' the
following: ``and the salaries, training and benefits of
individuals employed by U.S. Customs and Border Protection to
support U.S. Customs and Border Protection officers in
performing law enforcement functions at ports of entry,
including primary and secondary processing of passengers''.
(c) The Commissioner of United States Customs and Border
Protection may modify a reimbursable fee agreement in effect
as of the date of enactment of this Act to include costs
specified in this section.
Sec. 553. 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.
Sec. 554. 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. 555. With the exception of countries with
preclearance facilities in service prior to 2013, none of the
funds made available in this Act may be used for new United
States Customs and Border Protection air preclearance
agreements entering into force after February 1, 2014,
unless--
(1) the Secretary of Homeland Security, in consultation
with the Secretary of State, has certified to Congress that
air preclearance operations at the airport provide a homeland
or national security benefit to the United States;
(2) United States passenger air carriers are not precluded
from operating at existing preclearance locations; and
(3) a United States passenger air carrier is operating at
all airports contemplated for establishment of new air
preclearance operations.
Sec. 556. None of the funds made available by this or any
other Act may be used by the Administrator of the
Transportation Security Administration to implement,
administer, or enforce, in abrogation of the responsibility
described in section 44903(n)(1) of title 49, United States
Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile
area of any airport at which the Transportation Security
Administration provided such monitoring as of December 1,
2013.
Sec. 557. 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. 558. (a) In General.--Beginning on the date of the
enactment of this Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian,
cyclist, and driver and passenger of a private motor vehicle
is required to pay for the privilege of crossing the Southern
border or the Northern border at a land port of entry.
Sec. 559. The administrative law judge annuitants
participating in the Senior Administrative Law Judge Program
managed by the Director of the Office of Personnel Management
under section 3323 of title 5, United States Code, shall be
available on a temporary reemployment basis to conduct
arbitrations of disputes arising from delivery of assistance
under the Federal Emergency Management Agency Public
Assistance Program.
Sec. 560. 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. 561. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on the Department of Homeland
Security that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the budget
unless such budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2016
appropriations Act.
Sec. 562. (a) The Secretary of Homeland Security shall
submit to the Congress, not later than 180 days after the
date of enactment of this Act and annually thereafter,
beginning at the time the President's budget proposal for
fiscal year 2017 is submitted pursuant to section 1105(a) of
title 31, United States Code, a comprehensive report on the
purchase and usage of weapons, subdivided by weapon type. The
report shall include--
(1) the quantity of weapons in inventory at the end of the
preceding calendar year, and the amount of weapons,
subdivided by weapon type, included in the budget request for
each relevant component or agency in the Department of
Homeland Security;
(2) a description of how such quantity and purchase aligns
to each component or agency's mission requirements for
certification, qualification, training, and operations; and
(3) details on all contracting practices applied by the
Department of Homeland Security, including comparative
details regarding other contracting options with respect to
cost and availability.
(b) The reports required by subsection (a) shall be
submitted in an appropriate format in order to ensure the
safety of law enforcement personnel.
Sec. 563. None of the funds made available by this Act
shall be used for the environmental remediation of the Coast
Guard's LORAN support in Wildwood/Lower Township, New Jersey.
Sec. 564. 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 equivalent employee 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 equivalent employee 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. 565. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Committees on Appropriations of the Senate
and the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days except as otherwise specified in law.
Sec. 566. Section 605 of division E of Public Law 110-161
(6 U.S.C. 1404) is hereby repealed.
Sec. 567. The Administrator of the Federal Emergency
Management Agency may transfer up to $95,000,000 in
unobligated balances made available for the appropriations
account for ``Federal Emergency Management Agency, Disaster
Assistance Direct Loan Program'' under section 2(a) of the
Community Disaster Loan Act of 2005 (Public Law 109-88; 119
Stat. 2061) or under chapter 5 of title I of division B of
the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law (110-329; 122
Stat. 3592) to the appropriations account for ``Federal
Emergency Management Agency, Disaster Relief Fund''. Amounts
[[Page S1183]]
transferred to such account under this section shall be
available for any authorized purpose of such account.
Sec. 568. Notwithstanding any other provision of law,
Gerardo Ismael Hernandez, a Transportation Security Officer
employed by the Transportation Security Administration who
died as the direct result of an injury sustained in the line
of duty on November 1, 2013, at the Los Angeles International
Airport, shall be deemed to have been a public safety officer
for the purposes of the Omnibus Crime Control and Safe Street
Act of 1968 (42 U.S.C. 3711 et seq.).
Sec. 569. The Office of Management and Budget and the
Department of Homeland Security shall ensure the
congressional budget justifications accompanying the
President's budget proposal for the Department of Homeland
Security, submitted pursuant to section 1105(a) of title 31,
United States Code, include estimates of the number of
unaccompanied alien children anticipated to be apprehended in
the budget year and the number of agent or officer hours
required to process, manage, and care for such children:
Provided, That such materials shall also include estimates of
all other associated costs for each relevant Departmental
component, including but not limited to personnel; equipment;
supplies; facilities; managerial, technical, and advisory
services; medical treatment; and all costs associated with
transporting such children from one Departmental component to
another or from a Departmental component to another Federal
agency.
Sec. 570. Notwithstanding section 404 or 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c and 5187), until September 30, 2015, the
President may provide hazard mitigation assistance in
accordance with such section 404 in any area in which
assistance was provided under such section 420.
Sec. 571. That without regard to the limitation as to time
and condition of section 503(d) of this Act, the Secretary
may propose to reprogram within and transfer funds into
``U.S. Customs and Border Protection, Salaries and Expenses''
and ``U.S. Immigration and Customs Enforcement, Salaries and
Expenses'' as necessary to ensure the care and transportation
of unaccompanied alien children.
Sec. 572. Notwithstanding any other provision of law,
grants awarded to States along the Southwest Border of the
United States under sections 2003 or 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 604 and 605) using funds
provided under the heading ``Federal Emergency Management
Agency, State and Local Programs'' in 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 during
the award period of performance.
(rescissions)
Sec. 573. 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) $5,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Border Security,
Fencing, Infrastructure, and Technology'';
(2) $8,000,000 from Public Law 113-76 under the heading
``U.S. Customs and Border Protection, Air and Marine
Operations'' in division F of such Act;
(3) $10,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Construction and
Facilities Management'';
(4) $15,300,000 from ``Transportation Security
Administration, Aviation Security'' account 70x0550;
(5) $187,000,000 from Public Law 113-76 under the heading
``Transportation Security Administration, Aviation
Security'';
(6) $2,550,000 from Public Law 112-10 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(7) $12,095,000 from Public Law 112-74 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(8) $16,349,000 from Public Law 113-6 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(9) $30,643,000 from Public Law 113-76 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(10) $24,000,000 from ``Federal Emergency Management
Agency, National Predisaster Mitigation Fund'' account
70x0716; and
(11) $16,627,000 from ``Science and Technology, Research,
Development, Acquisition, and Operations'' account 70x0800.
(rescission)
Sec. 574. From the unobligated balances made available in
the Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code, (added by
section 638 of Public Law 102-393), $175,000,000 shall be
rescinded.
(rescissions)
Sec. 575. Of the funds transferred to the Department of
Homeland Security when it was created in 2003, the following
funds are hereby rescinded from the following accounts and
programs in the specified amounts:
(1) $1,317,018 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(2) $57,998 from ``Coast Guard, Acquisition, Construction,
and Improvements'';
(3) $17,597 from ``Federal Emergency Management Agency,
Office of Domestic Preparedness''; and
(4) $82,926 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund''.
Sec. 576. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of the Department of Homeland Security
Appropriations Act, 2014 (Public Law 113-76) are rescinded:
(1) $463,404 from ``Office of the Secretary and Executive
Management'';
(2) $47,023 from ``Office of the Under Secretary for
Management'';
(3) $29,852 from ``Office of the Chief Financial Officer'';
(4) $16,346 from ``Office of the Chief Information
Officer'';
(5) $816,384 from ``Analysis and Operations'';
(6) $158,931 from ``Office of Inspector General'';
(7) $635,153 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(8) $65,195 from ``U.S. Customs and Border Protection,
Automation Modernization'';
(9) $96,177 from ``U.S. Customs and Border Protection, Air
and Marine Operations'';
(10) $2,368,902 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses'';
(11) $600,000 from ``Transportation Security
Administration, Federal Air Marshals'';
(12) $3,096,521 from ``Coast Guard, Operating Expenses'';
(13) $208,654 from ``Coast Guard, Reserve Training'';
(14) $1,722,319 from ``Coast Guard, Acquisition,
Construction, and Improvements'';
(15) $1,256,900 from ``United States Secret Service,
Salaries and Expenses'';
(16) $107,432 from ``National Protection and Programs
Directorate, Management and Administration'';
(17) $679,212 from ``National Protection and Programs
Directorate, Infrastructure Protection and Information
Security'';
(18) $26,169 from ``Office of Biometric Identity
Management'';
(19) $37,201 from ``Office of Health Affairs'';
(20) $818,184 from ``Federal Emergency Management Agency,
Salaries and Expenses'';
(21) $447,280 from ``Federal Emergency Management Agency,
State and Local Programs'';
(22) $98,841 from ``Federal Emergency Management Agency,
United States Fire Administration'';
(23) $448,073 from ``United States Citizenship and
Immigration Services'';
(24) $519,503 from ``Federal Law Enforcement Training
Center, Salaries and Expenses'';
(25) $500,005 from ``Science and Technology, Management and
Administration''; and
(26) $68,910 from ``Domestic Nuclear Detection Office,
Management and Administration''.
(rescission)
Sec. 577. Of the unobligated balances made available to
``Federal Emergency Management Agency, Disaster Relief
Fund'', $375,000,000 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. 578. The explanatory statement regarding this Act,
printed in the House of Representatives section of the
Congressional Record, on or about January 13, 2015, by the
Chairman of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of
funds and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2015''.
______