Congressional Record, Volume 161 Issue 36 (Tuesday, March 3, 2015)

[Congressional Record Volume 161, Number 36 (Tuesday, March 3, 2015)]
[House]
[Pages H1535-H1552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1315
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2015

Mr. SIMPSON. Mr. Speaker, I move to take from the Speaker's table 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, with the Senate amendment thereto, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Denham). The Clerk will report the
Senate amendment.
The Clerk read as follows:
Senate amendment:

Strike all after the first word and insert the following:

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), 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

[[Page H1536]]

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
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

[[Page H1537]]

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 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.

[[Page H1538]]

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 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

[[Page H1539]]

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
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

[[Page H1540]]

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 (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

[[Page H1541]]

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 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

[[Page H1542]]

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 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).

[[Page H1543]]

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 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.

[[Page H1544]]

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, 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

[[Page H1545]]

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
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'';

[[Page H1546]]

(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''.

Mr. SIMPSON (during the reading). Mr. Speaker, I ask unanimous
consent to dispense with the reading of the Senate amendment.
Mr. MASSIE. I object.
The SPEAKER pro tempore. Objection is heard.
The Clerk will continue to read.
The Clerk continued to read.

{time} 1330

Mr. MASSIE (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.

Motion to Recede and Concur

Mr. SIMPSON. Mr. Speaker, I have a privileged motion under clause 4
of rule XXII at the desk.

=========================== NOTE ===========================

March 3, 2015, on page H1546, the following appeared:Mr.
SIMPSON. Mr. Speaker, I have amotion at the desk.

The online version should be corrected to read: Mr. SIMPSON. Mr.
Speaker, I have aprivileged motion under clause 4 of rule XXII at
the desk.

========================= END NOTE =========================

The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:

Mr. Simpson moves that the House recede from its
disagreement to the amendment of the Senate and concur
therein.

Motion to Table

Mr. MASSIE. Mr. Speaker, I move to lay the Senate amendment on the
table.
The SPEAKER pro tempore. The question is on the motion to table the
Senate amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. MASSIE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 140,
nays 278, not voting 14, as follows:

[Roll No. 108]

YEAS--140

Abraham
Aderholt
Allen
Amash
Babin
Barletta
Barr
Barton
Bilirakis
Bishop (UT)
Black
Blackburn
Blum
Boustany
Brat
Bridenstine
Brooks (AL)
Buck
Burgess
Byrne
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Collins (GA)
Culberson
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Farenthold
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Franks (AZ)
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Guinta
Guthrie
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly (PA)
King (IA)
Labrador
LaMalfa
Lamborn
Latta
Loudermilk
Love
Lummis
Marchant
Marino
Massie
McClintock
Meadows
Mica
Miller (FL)
Mooney (WV)
Mullin
Mulvaney
Neugebauer
Nugent
Palazzo
Palmer
Pearce
Perry
Poe (TX)
Pompeo
Posey
Price, Tom
Ratcliffe
Renacci
Ribble
Rice (SC)
Roby
Rogers (AL)
Rohrabacher
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Salmon
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shuster
Smith (NE)
Smith (TX)
Stewart
Stutzman
Tipton
Walberg
Walker
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Williams
Wilson (SC)
Wittman
Woodall
Yoder
Yoho
Young (IA)
Zeldin

NAYS--278

Adams
Aguilar
Amodei
Ashford
Beatty
Becerra
Benishek
Bera
Beyer
Bishop (GA)
Bishop (MI)
Blumenauer
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Cummings
Curbelo (FL)
Davis (CA)
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Doyle, Michael F.
Duckworth
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farr
Fattah
Fincher
Fitzpatrick
Foster
Foxx
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Gibson
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Grothman
Gutierrez
Hahn
Hanna
Hardy
Hastings
Heck (NV)
Heck (WA)
Higgins
Himes
Honda
Hoyer
Huffman
Hurd (TX)
Israel
Jackson Lee
Jeffries
Johnson, E. B.
Jolly
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Matsui
McCarthy
McCaul
McCollum
McDermott
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meehan
Meng
Messer
Miller (MI)
Moolenaar
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Newhouse
Noem
Nolan
Norcross
Nunes
O'Rourke
Olson
Pallone
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Price (NC)
Quigley
Rangel
Reed
Reichert
Rice (NY)
Richmond
Rigell
Rogers (KY)
Rokita
Ros-Lehtinen
Roybal-Allard
Royce
Ruiz
Ruppersberger
Russell
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schock
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Shimkus
Simpson
Sinema
Sires
Slaughter
Stefanik
Stivers
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walden
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Whitfield
Wilson (FL)
Womack
Yarmuth
Young (AK)
Young (IN)
Zinke

NOT VOTING--14

Bass
Brady (TX)
Davis, Danny
Granger
Hinojosa
Johnson (GA)
Long
Meeks
Roe (TN)
Rush
Smith (MO)
Smith (NJ)
Smith (WA)
Speier

{time} 1405

Mrs. CAPPS, Messrs. PITTS, EMMER of Minnesota, LUETKEMEYER,
WHITFIELD, BUCSHON, VALADAO, and OLSON changed their vote from ``yea''
to ``nay.''
Mr. MILLER of Florida, Mrs. HARTZLER, Mr. HARPER, and Ms. HERRERA
BEUTLER changed their vote from ``nay'' to ``yea.''
So the motion to table was rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. OLSON. Mr. Speaker, on rollcall No. 108 I inadvertently voted
``nay'' when I intended to vote ``yay''.
Mr. SMITH of Washington. Mr. Speaker, this afternoon, Tuesday, March
3, 2015, I was detained in a meeting and unable to be present for the
first recorded vote of the day. Had I been present, I would have voted
``no'' on rollcall vote No. 108 (on the motion to table the Senate
amendment to H.R. 240).
The SPEAKER pro tempore. The gentleman from Idaho (Mr. Simpson) and
the gentlewoman from New York (Mrs. Lowey) each will control 30 minutes
on the motion.
Mr. MASSIE. Mr. Speaker, I would inquire if both managers support the
motion.
The SPEAKER pro tempore. Is the gentlewoman from New York opposed to
the motion?

[[Page H1547]]

Mrs. LOWEY. No, Mr. Speaker.
The SPEAKER pro tempore. Is the gentleman from Kentucky opposed?
Mr. MASSIE. I am, yes. I am opposed to the motion.
The SPEAKER pro tempore. The gentleman from Idaho (Mr. Simpson), the
gentlewoman from New York (Mrs. Lowey), and the gentleman from Kentucky
(Mr. Massie) each will control 20 minutes.
The Chair recognizes the gentleman from Idaho.
Mr. SIMPSON. Mr. Speaker, I yield myself such time as I may consume.
I rise today with a motion that will move us forward to ensure the
security of our Nation by keeping the Department of Homeland Security
funded until the end of the fiscal year.
Funding for the Department of Homeland Security will expire this
week. To allow a shutdown of these critical functions would be an
abdication of one of our primary duties as Members of Congress.
It is the constitutional duty of this body to provide funding for the
Federal Government, all of the Federal Government, and this should be
without the threat of shutdowns or the lurching uncertainty of
continuing resolutions.
The House acted in January to fund DHS for the year and has extended
short-term funding several times in order to maintain the critical
security activities that keep our Nation safe. The Senate has now done
all it can do, given their unique procedural constraints.
It is clear that the legislation before us, while not exactly what
the House wanted, is the only path forward to avoid a potentially
devastating shutdown and to provide stable, continuous funding for the
agencies and programs tasked with defending the home turf.
Let us remember that the underlying legislation--and this is
important--is a great bill. The security of our homeland is one of our
highest priorities, and this bill provides $39.7 billion for that
purpose. It will assure that we can defend our Nation against threats
of terrorism and that the men and women on our front line remain well-
equipped and trained.
We are now nearly halfway into the fiscal year, and it is imperative
that we get this bill enacted. At the same time, Congress must continue
to fight the President's executive actions on immigration that I do not
support and the American people do not support. We must continue this
vote, but we must also allow funding for critical security functions to
move forward.
These two priorities are not mutually exclusive. We can and should do
both. For now, the President's executive actions have been stopped in
court. This is where we must focus our efforts and continue to battle
against this unconstitutional overreach.
Mr. Speaker, it is high time to act to provide responsible, adequate
funding for the Department of Homeland Security to protect the people
who elected us and to defend this great Nation.
I urge an ``aye'' vote, and I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I support the motion to recede and concur
and reserve the balance of my time.
Mr. MASSIE. Mr. Speaker, I am opposed to the motion to recede and
concur.
At this time, I yield 1 minute to the distinguished gentleman from
Virginia (Mr. Griffith).
Mr. GRIFFITH. Mr. Speaker, ladies and gentlemen, I have to tell you
that the only reason we are here is because of the unique procedural
posture that the Senate finds itself in, and that unique posture is a
perversion of the democratic principles upon which our Republic was
based.
We would not be here if it weren't for the modern filibuster and
cloture rule which requires 60 votes to do anything. Last week, Harry
Reid made it clear that he would not support going to conference.
Jefferson was very clear when he set up the procedures for this
place. Each House makes an independent decision, then you get together
in conference and work out your differences; but, because of the unique
position of the Senate's processes, that cannot happen in these
circumstances.
We should not reward the Senate for their bad behavior. We should
reject this motion and force a new discussion on this issue.
Mr. Speaker, I submit that all we are doing is rewarding the Senate
for having bad rules and bad process.
Mr. MASSIE. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Florida (Mr. DeSantis).
Mr. DeSANTIS. Mr. Speaker, I hear that we just need to let the courts
work their will to defend the Constitution, as if we don't have an
independent obligation to do that. We took the oath that we would
support it. We didn't say we would be in Congress, pass bills, and let
the courts support and defend the Constitution.
Here is the problem, though, beyond just that basic insight. If I
were representing the Department of Justice in front of the fifth
circuit to try to get this injunction overturned, the first sentence in
my brief would be that the United States Congress has voted, knowing
this program was in existence, to fully fund all operations. Courts,
you should step out of this dispute. It is between the political
branches, and they have settled it.
It is not just waiting for the courts. In fact, the action today, if
this bill were to pass, I believe it would actually harm the case in
the courts, and I think it makes it more difficult for those States to
make the case that what the President did was unconstitutional if the
one branch whose powers were invaded decided that they were not going
to bite back effectively.
Mr. MASSIE. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Arizona (Mr. Salmon).
Mr. SALMON. Mr. Speaker, I think this is a very, very sad day when we
have to make a Hobson's choice of either funding our national security
or standing for the Constitution.
We actually took an oath just a few short weeks ago to defend this
Constitution from all enemies, foreign and domestic. That is our role;
that is our responsibility. If not now, then when? It is never going to
be easy. It is never going to be easy. It has never been easy to stand
up for freedom.
I have heard some people say: Well, you Republicans, you just need to
learn how to govern. If it was just about governing, then I think that
the American people can just close shop and let the President just run
everything, but we actually have a Constitution that we have to adhere
to.

{time} 1415

Despots all over the world, they govern. They keep the trains running
on time.
But we stand for something different. We stand for a constitutional
republic, where we have three coequal branches that all have an equal
say. The Founding Fathers gave us a tool to deal with a time just like
this. It is called the power of the purse. If we relegate that
responsibility and dropkick it to the courts, as the gentleman from
Florida (Mr. DeSantis) just said, then they have nothing else than to
assume that we just basically folded to the pressure.
I believe this is a sad day for America. I believe America deserves
better. If we are not going to fight now, when are we going to fight?
Mr. MASSIE. Mr. Speaker, I reserve the balance of my time.
Mr. SIMPSON. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Dent).
Mr. DENT. Mr. Speaker, I rise in strong support of the privileged
resolution and encourage my colleagues to concur in the Senate
amendment to H.R. 240 in order to pass the fiscal year 2015 Department
of Homeland Security Appropriations bill.
It is time for us to move forward and demonstrate our true capacity
to govern to the American people and to those tasked with the arduous
work of defending our borders, protecting our communities, and manning
the front lines when confronted by natural disasters or acts of
terrorism.
I had the distinct privilege and pleasure of working on the
underlying appropriations bill as a member of the House Homeland
Security Appropriations Subcommittee, and I can assure my colleagues
that this is a good bill. It is a darn good bill. It is a bipartisan
bill. Among the bill's many highlights, it would support the largest
operational force of Border Patrol agents and CBP officers in history.
If you are concerned about illegal immigration, vote for this bill.
It fully funds E-Verify. If you are concerned about illegal immigration
and interior enforcement, vote for this bill. It provides an increase
of almost $700 million for Immigration and Customs Enforcement, 34,000
detention beds, and an increase in family detention beds by 3,732

[[Page H1548]]

beds. Again, if you are worried about illegal immigration, vote for
this bill.
It fully funds FEMA's disaster relief programs and the first
responder grant programs that are critical to so many State and local
departments. It takes important steps toward implementation of a
biometric entry and exit data system, which is critical to maintaining
interior enforcement in this country. The bill helps us thwart cyber
attacks, and, of course, it helps maintain our Coast Guard.
Mr. Speaker, it is time for the House to move past the corrosive
pattern of self-imposed cliffs and shutdowns and get to the work that
the American people expect us to address--issues like tax reform,
trade, transportation and infrastructure, things that are going to help
create American jobs and improve our economy. It is time to move
forward and stop playing these silly games.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SIMPSON. I yield the gentleman an additional 30 seconds.
Mr. DENT. At these times of global uncertainty and brutal acts of
terrorism, it is imperative that we maintain persistent vigilance
against the numerous threats facing our homeland.
Again, I urge my colleagues to support this bill. It is the right
bill. It is a bill that we supported last summer with strong
overwhelming support on both sides of the aisle. It deserves that same
kind of support here today.
Let's prove to the American people that we are serious about
protecting this homeland and that we have the capacity to govern. These
cliffs are disastrous for all of us. It is time to move on.
Mrs. LOWEY. I reserve the balance of my time.
Mr. MASSIE. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Florida (Mr. Clawson).
Mr. CLAWSON of Florida. Mr. Speaker, this is America. Everybody
matters in America. I grew up with somebody who seemed to have bad luck
from day one. Where I seemed to catch breaks, he could get none. And
recently, mid-last year, because of a move, he needed to find a job. He
went months without finding full-time employment, never got benefits,
never got the stability that he looked for for him and his wife. And I
love him very much.
When the President made his edict, he called me on the phone. He
said: Curt, I don't understand what y'all are doing in Washington. I
want to know if what is going on right now is going to help me get a
job or not.
And I said: Unfortunately, you have got a lot of new competitors in
the labor force.
I say, this is America, and everybody matters. I say, the unemployed
folks, the 18 million underemployed and unemployed, they haven't been a
part of this conversation like they needed to be. I say that unilateral
actions by a leader who doesn't take all stakeholders into account
makes those that aren't taken into account not matter. I say we need to
have this conversation again.
This is America. Everybody matters, not just those that came over the
border legally but those that have been here looking for jobs for long
periods of time. I say we can do better. I say we can have a broader
conversation. I say everybody matters.
You all know these people that are unemployed. They are in your
family. They are your close friends. They are the people you see every
day doing the jobs that some of us wouldn't want to do. I say, those
people matter.
I say, Mr. President, before you do a cram-down of the law for the
benefit of one group of our society, I say all the other groups in this
society, particularly the unemployed, also matter.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. MASSIE. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from South Carolina (Mr. Duncan).
Mr. DUNCAN of South Carolina. Mr. Speaker, last week, the gentlewoman
from Florida (Ms. Brown) said, Why are we here? She got all upset.
Let me tell you why we are here: because the President of the United
States violated the constitutional separation of powers. Regardless of
how you feel about immigration or immigration reform or even amnesty,
surely you believe in the United States Constitution that you swore an
oath to. Surely you believe in this institution that we are debating in
today.
He said 22 times that he did not have the power to unilaterally make
law or change the law, yet that is, in fact, what he did. That is why
this debate is so important today. It really has nothing to do with DHS
funding, amnesty, or immigration. That is the vehicle that we are
using, sure. But it has everything to do with the United States
Constitution and the sacred separation of powers that says the
executive branch executes the laws. We make the law in this Chamber. We
are the only ones to have the constitutional authority to do that.
Mr. MASSIE. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Ohio (Mr. Jordan).
Mr. JORDAN. I thank the gentleman for yielding.
Mr. Speaker, remember why we are here: 22 times the President said he
couldn't do what he turned around and did, something legal scholars
have said is unconstitutional; more importantly, something a Federal
judge has said is wrong.
Six weeks ago, we sent a bill to the United States Senate to fund DHS
at the levels the Democrats agreed to. We just said, don't have any
money be used for something unconstitutional and that the Federal judge
ruled was wrong. For 6 weeks, they said, we can't bring the bill up. We
can't debate it, amend it, pass it. And then at the last hour, at the
eleventh hour on the last day, they bring it up, debate it, amend it,
and send it back--without the language stopping the unconstitutional
activity and something the only court to rule on it has said is wrong.
This is unconstitutional. We all know it. This is the wrong way to
go.
Fund DHS. Don't let this wrong action the President took in
November--something he said he couldn't do--don't let it stand.
But more importantly, or as importantly as, the unconstitutional
nature is the unfair nature of the action. It is unfair to taxpayers
that illegal, noncitizens are going to be able to get tax refunds.
It is unfair to seniors that illegal noncitizens are going to be able
to participate in our Social Security system.
It is unfair to voters, as our Secretary of State testified, that now
they will have the documents that will potentially make it much easier
for 4 to 5 million people to participate in our election process.
And most importantly, Mr. Speaker, it is unfair to legal immigrants
who did it the right way, who followed the law, who came here and want
to be a part of this great country, the greatest Nation of the world,
as we just heard Prime Minister Netanyahu talking about how great this
country is--it is unfair to legal immigrants.
Mr. Speaker, this is unconstitutionally wrong. Most importantly, it
is unfair.
Mr. MASSIE. Mr. Speaker, may I inquire as to the balance of my time.
The SPEAKER pro tempore. The gentleman from Kentucky has 11\1/2\
minutes remaining.
Mr. MASSIE. I reserve the balance of my time.
Mr. SIMPSON. Mr. Speaker, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Cole).
Mr. COLE. I thank the gentleman for yielding.
Mr. Speaker, I share the outrage of my friends over the President's
actions because I don't think there is any question that is why we are
here. The President did something that most of us, I think, on our side
of the aisle believe was unconstitutional, illegal, and ill-advised.
Secondly, I share my friend's anger at the United States Senate. I
think it is reprehensible not to pick up a bill and act on it, not to
go to conference. That is exactly the way we are designed to work. We
know that, frankly, the Democratic now minority, thankfully, in the
Senate has operated that way for 4 years. I am not surprised, having
operated that way in the majority, that they continue to operate that
way in the minority.
But every now and then, you need to take a step back and recognize we
are not the only place where these issues get thrashed out, and we are
not the only players in this drama.
Indeed, we have been very fortunate on our side of this debate. We
have

[[Page H1549]]

been joined by 26 State attorneys general who hold exactly the same
view that we do and have taken the President of the United States and
the administration to court and have prevailed in the first court case,
as my friends have pointed out. In addition, they have won an
injunction so that the President cannot do the very things my friends
are concerned about that he wants to do.
So we not only have the court, at least to this point, on our side,
but we have it in a venue where you actually can win in the end.
We are not likely to be able to do that in the Congress, given the
Democratic control of the filibuster in the other body and the
Presidential veto at the end of the process. In the courts, you can
actually win. It is a constitutional issue. It ought to be settled
constitutionally through a judicial process.
Since we have stopped the President, since we are prevailing in
court, it seems to me the logical thing to do is what the gentleman
from Pennsylvania (Mr. Dent) suggested and look at a bipartisan
compromise bill that protects the American people from real and
physical harm and danger at the moment that we are sorting out our
constitutional political differences in the appropriate format. That is
all this bill is about. It was agreed to in a bipartisan fashion. It
was agreed to in a bicameral fashion. The reasons why we were concerned
about it or used it have now been addressed by the courts.

So I would urge my colleagues on both sides of the aisle, let's set
aside our differences. They are going to be resolved in the appropriate
way, in the appropriate fashion, and in the right forum. And let's do
the right thing for the American people, pass this legislation, and
make sure that our fellow citizens stay secure.
Mrs. LOWEY. I reserve the balance of my time.
Mr. MASSIE. Mr. Speaker, at this time, I yield 1 minute to the
distinguished gentleman from South Carolina (Mr. Mulvaney).
Mr. MULVANEY. Mr. Speaker, I think the gentleman from Pennsylvania
who spoke earlier was absolutely right. The people back home want us to
do things. So I think the important thing to do now is to find out, why
aren't we able to do anything? And I lay the blame firmly at the feet
of the seven Democrats in the Senate who have said to their voters,
they thought what the President did was wrong, yet they have voted time
and again to continue the filibuster. That is wrong. And those are the
people who are preventing the country from moving forward.
Beyond that, to the extent those seven Senate Democrats continue to
want to abuse the rules, it is incumbent upon our conservative
Republican colleagues in the Senate to change the rules.
Conservative Republicans, Mr. Speaker, who have been very quick to
try to tell the House what to do should now be over there right now
making the case that if the Senate Democrats are going to use a rule to
undermine the Constitution, then the rule needs to change.
Mr. MASSIE. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Texas (Mr. Gohmert).
Mr. GOHMERT. Mr. Speaker, last December, we were told that the best
way to approach the matter--despite some of us thinking to the
contrary--was to fund everything but DHS. We were told, This is the
play.
Well, some of us were afraid that if we did that, that we would come
to this point and totally cave and would allow at least a congressional
statement that we are not going to take action to defund illegal,
unconstitutional amnesty.
So I stand with those veterans who believe that they should get
health care before people who came illegally, that they should get a
hotline to call before those who came illegally. I stand with the
seniors who believe they deserve the Social Security they paid into,
rather than people who have come illegally and are even going to get
tax refunds, when they didn't put any taxes in.

{time} 1430

I stand with the Speaker of the House of Representatives--at least
where he was last week.
Mr. MASSIE. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Garrett).
Mr. GARRETT. I thank the gentleman.
Mr. Speaker, the issue before us today is, in fact, security. As a
Member of Congress from the Fifth Congressional District of New Jersey,
my constituents in New Jersey, like most Americans, understand the
devastating impact of a lack of security in certain areas. We live in
the shadow of the Twin Towers and understand when security is not a
paramount interest of this government. But with that said, an equal
responsibility of this Congress and this government is to the security
as being a nation of laws and abiding by the fundamental law of this
country, which is the Constitution.
Mr. Speaker, we can achieve both of those: be a secure nation by
funding Homeland Security, which this House has done twice now, and we
can also become a nation by following the rule of law and following the
Constitution which this body has done twice now by sending full funding
of Homeland Security to the Senate and simply asking them to do what
all Americans want Washington to do today--conference on these issues,
discuss these issues, and come to a resolution where the Constitution
is upheld, the rule of law is upheld, and homeland security is upheld
as well.
Mr. MASSIE. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Arizona (Mr. Gosar).
Mr. GOSAR. I thank my friend.
Mr. Speaker, constitutional attorney Jonathan Turley once said that,
since Roosevelt, we have made the executive branch stronger and
stronger and stronger. But they have actually had a dance partner, and
that is us--that is us, the legislative branch, both the House and the
Senate.
Mr. Speaker, when are we going to stand up for the rule of law? How
do I go back to Arizona where they defy the rule of law, where we allow
anybody to pass go, collect $200, and go to the front of the line? How
do we accomplish that without standing up for something? This is that
time. This is the time to stand up and not leave everything to the
courts.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. Is the gentleman from Kentucky ready to
close?
Mr. MASSIE. Mr. Speaker, I have more speakers.
The SPEAKER pro tempore. The gentleman from Kentucky is recognized.
Mr. MASSIE. At this time, I yield 1 minute to the gentleman from
Alabama (Mr. Palmer).
Mr. PALMER. Mr. Speaker, there was a comment about this is about
governing. It really is. It is about governing constitutionally. We are
no longer three separate but equal branches of government. The abuse of
the executive order has diminished Congress, and the abuse of the
Senate rules has diminished this House. We are now reduced to passing
what the Senate will allow us to pass, and the Senate is reduced to
passing what the President will not veto.
This is about the Constitution. We have 3 more days in which we can
consider legislation that upholds the rule of law and that restores the
balance of powers. We should take those 3 days.
Ladies and gentlemen, this is a day that we will remember for the
rest of our lives. The country is looking to us right now to make a
decision whether or not we will uphold our oath of office. I call upon
every Member of this House to be an oath keeper.
Mr. MASSIE. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Idaho (Mr. Labrador).
Mr. LABRADOR. Mr. Speaker, I thank the gentleman from Kentucky.
This fight today is not about immigration. This fight today is about
the separation of powers. Any person who votes for this deal today is
voting to cede some of our power to the Executive. Any person who votes
for this deal today is voting to allow the President to make decisions
like this on taxation, on EPA, and on any other agency that this
President decides that he has the executive authority to take over the
powers of the Congress.
Mr. Speaker, today we all sat here, and I think every Republican
stood up when Bibi Netanyahu talked about

[[Page H1550]]

leadership. When he talked about what it was important for a leader to
do, he said that we are being told that the only alternative to this
bad deal--speaking about the deal on Iran--is war. That is just not
true. The alternative to this bad deal is just a better deal. Every one
of our Republicans stood up when he said that.
But today we are being told by our leadership that the only
alternative to this bad deal is a government shutdown. That is not
true. The alternative to this bad deal today is a better deal. It is to
force the Senate to actually go to conference so both the House and the
Senate can speak the will of the American people.
Mr. MASSIE. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Virginia (Mr. Brat).
Mr. BRAT. Mr. Speaker, I think everyone in this body knows what it
means to run for office. We each represent 700,000 people, and we each
take that job very seriously. So it is a sad day today. Everybody in
this body has fought very hard to try to come to agreement.
Unfortunately, Members in the other body have not allowed us to do
that. The fault lies in the U.S. Senate.
We have asked and we have trusted our leadership to come up with a
strong fight, strong messaging, whatever we can do to solve this
constitutional problem for the last 2 months, and at the last minute of
the day, the Senate has delayed, delayed, and delayed. So what is
really going on is they are not standing up and representing their
people at home. We in this body owe it to the American people to
represent their views, and the Senate will not even allow a vote to
bring up a debate.

Mr. Speaker, I implore everyone back at home and in my district and
across the country to ask your kids; ask your ninth graders, your
college kids, ask everybody. It is fairly simple. The Congress and the
Senate have to work together.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. MASSIE. Mr. Speaker, I yield the gentleman an additional 15
seconds.
Mr. BRAT. I think the truth in ethics is often pretty easy to see. Go
to your kids. Go to your ninth graders in high school civics class and
ask them how these bodies are supposed to operate. Ask them to
investigate.
I think when our kids go home and investigate and we investigate what
has been going on in the last few months, they will find the answer,
and that is that the Senate will not do its job in representing their
people.
Mr. MASSIE. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Arizona (Mr. Schweikert).
Mr. SCHWEIKERT. Mr. Speaker, thank you to my friend from Kentucky.
All right, for my friends on the left, you are going to support this
unconstitutional expansion of power. When there is a Republican
President, are you going to sit there and continue to applaud, saying,
``Yes, we did not support the separation of powers when we had the
chance'' and look the other way?
One of my heartbreaks here is I believe there were creative things we
could have done, but we are completely dearth of the willingness to
try.
Mr. Speaker, this is about trying to defend the U.S. Constitution
that we all raised our hands to uphold, and yet are we going to allow a
vote to go forward to walk away from that fight?
This should break everyone's heart in this body.
Mr. MASSIE. Mr. Speaker, may I inquire as to how much time is
remaining?
The SPEAKER pro tempore. The gentleman from Kentucky has 3\1/4\
minutes remaining.
Mr. MASSIE. I yield 1 minute to the distinguished gentleman from
Florida (Mr. Yoho).
Mr. YOHO. Mr. Speaker, I want to look around this body. What are we
asking to do? We are asking to fund DHS 100 percent. We are asking to
put safeguards in there so that we don't move with an executive order
that has been deemed illegal by a Federal judge. That is all we are
asking. And we need to have that language in this bill.
I don't know anybody in here who doesn't want to fund DHS.
Mr. Speaker, for us to vote for this without that funding or without
that language in there blocking what this President wants to do, and if
we vote for that, we are voting against our Constitution. Article I,
section 8 is very clear that we have the authority for naturalization,
and I say we vote against funding without that safeguard.
Mr. MASSIE. Mr. Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Jody B. Hice).
Mr. JODY B. HICE of Georgia. Mr. Speaker, as we all know, we are in
this predicament and in this mess because of the unconstitutional and
unilateral decisions from the President to ignore our Constitution, and
the only thing standing in the way of that progressing is a stay from
the courts. As thankful as I am for the courts, the reality is we must
stand up and defend our Constitution. It is a constitutional issue, Mr.
Speaker, and we have the responsibility to stand for that cause.
This is not a time to watch this body be obstructed from multiple
attempts to make it dysfunctional. It is a constitutional issue. This
is a time to stand upon the Constitution, and I urge this body to do
so.

Parliamentary Inquiry

Mr. MASSIE. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. MASSIE. What order is the closing when there are three speakers
and only one opposed?
The SPEAKER pro tempore. The Chair will recognize Members in reverse
order of opening speeches.
Mr. MASSIE. Mr. Speaker, I reserve the balance of my time.
Mr. SIMPSON. Mr. Speaker, I reserve the balance of my time.
We have no other speakers, and we are prepared to close.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. The gentleman from Kentucky will be first to
close.
Mr. MASSIE. Mr. Speaker, may I inquire as to how much time is
remaining?
The SPEAKER pro tempore. The gentleman from Kentucky has 1\1/4\
minutes remaining.
Mr. MASSIE. Mr. Speaker, in closing, the Congress and, in particular,
the House of Representatives has the power of the purse. Our
Constitution gives this power to the legislative branch, not the
executive branch. This means that the President cannot fund his illegal
executive actions on immigration unless we, the House of
Representatives, let him.
If today we agree to just give the President all the taxpayer funds
he wants so that he can implement his illegal actions, why should the
American people ever trust us again? They will realize that all our
bluster about border security is just that, bluster. They will realize
that we don't actually care about the best interests of the American
people and that, instead, we just care about going along to get along,
even if that means going along with the unconstitutional and illegal
actions of the executive branch.
Today we heard Mr. Netanyahu say this is the most powerful
legislative organization in the world. I would say it is--except for
when the Senate decides that it is not. We need to stand up, use the
power of the purse, and exercise our constitutional duty to fund only
legal and constitutional activities.
Mr. Speaker, I urge my colleagues to vote today in the best interests
of the American people.
I yield back the balance of my time.
Mrs. LOWEY. Mr. Speaker, I support the motion to recede and concur,
and I yield back the balance of my time.
Mr. SIMPSON. Mr. Speaker, thank you for the spirited debate we have
had, and I yield myself such time as I may consume.
Mr. Speaker, I agree with many of the comments made by my colleague
from Kentucky and the people that have spoken during his time. The
problem is I don't see a path to victory with what they are looking at.
What they want to do will not result in defunding the President's
actions, because there is no funding in this bill for the President's
actions. There is no funding in this bill for the President's actions.
Everybody knows that, don't we? What it will lead to is a closedown of
the Department of Homeland Security. And that is not a victory. That is
dangerous.

[[Page H1551]]

Mr. Speaker, there is a difference of opinion between the Republicans
and Democrats and between the administration and Congress as to whether
the actions that the President made were constitutional or not.
I have actually voted for something in this body several years ago
that I thought was perfectly legal and perfectly constitutional. The
court later found out it was unconstitutional and told us it was
unconstitutional. That is why you have a court. When there are
differences of opinion as to what is constitutional and what is not
constitutional, a court makes that determination. It has happened since
the Founders who wrote our Constitution disagreed about what they had
written--Marbury v. Madison. It was up to the courts to make the
determination of what the Constitution said.
As for voting for this hurting our case--it is not our case; it is
the Attorney General's case of the States--that is before the courts
currently, if this voting to defund Homeland Security that doesn't have
any funding for the President's action hurts our case, then I would say
that any law that passes Congress can't be declared unconstitutional
because we all voted for it. That is not reality. Again, let the courts
do their job.
Now, it is true that a majority in this Congress and in the Senate
voted to defund the President's actions, but because of the Senate
rules, it didn't pass.

{time} 1445

We didn't even get to go to conference because of the Senate rules.
Some people suggest maybe we ought to change the Senate rules. We ought
to insist that the Senate change their rules.
For the last 4, 8 years, I was kind of glad the Senate rules were the
way they were. They prevented what I believed to be a lot of bad stuff
from coming over here from the Senate.
I don't know that I would go that way because, remember, at some
point in time in history--I hope it is not soon--but at some point in
time in history, my party is going to be in the minority over there,
and it is going to be nice to be able to control some of the agenda.
Let's remember, the underlying bill is a darn good bill, and we need
to pass it, and we need to pass it for the security of the American
people, and for the employees that work at the Department of Homeland
Security, so that those that are considered essential don't have to go
to work without pay. That is irresponsible. That is us not doing our
job.
I will fight with anyone, and I will stand on their side--as long as
they can show me a path to potential victory. Let's get this bill
passed. It is a good bill. I encourage all my colleagues to vote for
this.
I yield back the balance of my time, and I move the previous question
on the motion.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MASSIE. I request a recorded vote--the yeas and nays--on the
previous question.
The SPEAKER pro tempore. Is the gentleman asking for the yeas and the
nays on ordering the previous question?
Mr. MASSIE. I withdraw that request.
The SPEAKER pro tempore. The request is withdrawn.
The previous question is ordered.
The question is on the motion offered by the gentleman from Idaho.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MASSIE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 257,
nays 167, not voting 9, as follows:

[Roll No. 109]

YEAS--257

Adams
Aguilar
Ashford
Beatty
Becerra
Benishek
Bera
Beyer
Bishop (GA)
Bishop (MI)
Blumenauer
Boehner
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bustos
Butterfield
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (NY)
Comstock
Connolly
Conyers
Cooper
Costa
Costello (PA)
Courtney
Crowley
Cuellar
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Doyle, Michael F.
Duckworth
Edwards
Ellison
Ellmers (NC)
Emmer (MN)
Engel
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Gibson
Graham
Granger
Grayson
Green, Al
Green, Gene
Grijalva
Guinta
Gutierrez
Hahn
Hanna
Hardy
Hastings
Heck (NV)
Heck (WA)
Higgins
Himes
Honda
Hoyer
Huffman
Hurd (TX)
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jolly
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Knight
Kuster
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Matsui
McCarthy
McCaul
McCollum
McDermott
McGovern
McHenry
McMorris Rodgers
McNerney
McSally
Meehan
Meng
Miller (MI)
Moolenaar
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Noem
Nolan
Norcross
Nunes
O'Rourke
Pallone
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pittenger
Pitts
Pocan
Poliquin
Polis
Price (NC)
Quigley
Rangel
Reichert
Rice (NY)
Richmond
Rogers (KY)
Ros-Lehtinen
Roybal-Allard
Royce
Ruiz
Ruppersberger
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schock
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Shimkus
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Stefanik
Stivers
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiberi
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (IN)

NAYS--167

Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Bilirakis
Bishop (UT)
Black
Blackburn
Blum
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Buck
Bucshon
Burgess
Byrne
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Collins (GA)
Conaway
Cook
Cramer
Crawford
Crenshaw
Culberson
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly (PA)
King (IA)
Labrador
LaMalfa
Lamborn
Latta
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McClintock
McKinley
Meadows
Messer
Mica
Miller (FL)
Mooney (WV)
Mullin
Mulvaney
Neugebauer
Newhouse
Nugent
Olson
Palazzo
Palmer
Pearce
Perry
Poe (TX)
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Renacci
Ribble
Rice (SC)
Rigell
Roby
Rogers (AL)
Rohrabacher
Rokita
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Russell
Salmon
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shuster
Smith (NE)
Smith (TX)
Stewart
Stutzman
Thornberry
Tipton
Wagner
Walberg
Walker
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
Zinke

NOT VOTING--9

Bass
Garamendi
Hinojosa
Long
Meeks
Roe (TN)
Rush
Smith (MO)
Speier

{time} 1514

Messrs. BUCSHON and BRADY of Texas changed their vote from ``yea'' to
``nay.''

[[Page H1552]]

Mr. GRAYSON changed his vote from ``nay'' to ``yea.''
So the motion to recede and concur in the Senate amendment to H.R.
240 was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. GARAMENDI. Mr. Speaker, on rollcall No. 109 I am a ``yes'' vote.
I could not return from a White House meeting in time to meet the
rollcall.

personal explanation

Mr. ROE of Tennessee. Mr. Speaker, I was unable to vote because of a
serious illness in my family. Had I been present, I would have voted:
rollcall No. 108--``aye,'' rollcall No. 109--``nay.''

____________________