IB 

Union Calendar No. 162 

114TH CONGRESS 

1ST SESSION H. R. 3128 

[Report No. 114–215] 

Making appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2016, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2015 

Mr. CARTER, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2016, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2016, and for other purposes, namely: 

7 TITLE I 

8 DEPARTMENTAL MANAGEMENT AND 

9 OPERATIONS 

10 OFFICE OF THE SECRETARY AND EXECUTIVE

11 MANAGEMENT

12 For necessary expenses of the Office of the Secretary 

13 of Homeland Security, as authorized by section 102 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 112), and exec15 utive management of the Department of Homeland Secu16 rity, as authorized by law, $131,859,000: Provided, That 

17 not to exceed $40,000 shall be for official reception and 

18 representation expenses: Provided further, That all official 

19 costs associated with the use of government aircraft by 

20 Department of Homeland Security personnel to support 

21 official travel of the Secretary and the Deputy Secretary 

22 shall be paid from amounts made available for the Imme23 diate Office of the Secretary and the Immediate Office of 

24 the Deputy Secretary. 


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1 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

2 For necessary expenses of the Office of the Under 

3 Secretary for Management, as authorized by sections 701 

4 through 705 of the Homeland Security Act of 2002 (6 

5 U.S.C. 341 through 345), $193,646,000, of which not to 

6 exceed $2,000 shall be for official reception and represen7 tation expenses: Provided, That of the total amount made 

8 available under this heading, $2,931,000 shall remain 

9 available until September 30, 2017, solely for the alter10 ation and improvement of facilities, tenant improvements, 

11 and relocation costs to consolidate Department head12 quarters operations at the Nebraska Avenue Complex; and 

13 $9,559,000 shall remain available until September 30, 

14 2017, for the Human Resources Information Technology 

15 program: Provided further, That the Under Secretary for 

16 Management shall include in the President’s budget pro17 posal for fiscal year 2017, submitted pursuant to section 

18 1105(a) of title 31, United States Code, a Comprehensive 

19 Acquisition Status Report, which shall include the infor20 mation required under the heading ‘‘Office of the Under 

21 Secretary for Management’’ under title I of division D of 

22 the Consolidated Appropriations Act, 2012 (Public Law 

23 112–74), and shall submit quarterly updates to such re24 port not later than 45 days after the completion of each 

25 quarter. 


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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $56,420,000: 

5 Provided, That the Secretary of Homeland Security shall 

6 submit to the Committees on Appropriations of the Senate 

7 and the House of Representatives, at the time the Presi8 dent’s budget proposal for fiscal year 2017 is submitted 

9 pursuant to section 1105(a) of title 31, United States 

10 Code, the Future Years Homeland Security Program, as 

11 authorized by section 874 of Public Law 107–296 (6 

12 U.S.C. 454). 

13 OFFICE OF THE CHIEF INFORMATION OFFICER

14 For necessary expenses of the Office of the Chief In15 formation Officer, as authorized by section 103 of the 

16 Homeland Security Act of 2002 (6 U.S.C. 113), and De17 partment-wide technology investments, $308,488,000; of 

18 which $104,957,000 shall be available for salaries and ex19 penses; and of which $203,531,000, to remain available 

20 until September 30, 2017, shall be available for develop21 ment and acquisition of information technology equip22 ment, software, services, and related activities for the De23 partment of Homeland Security. 


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1 ANALYSIS AND OPERATIONS

2 For necessary expenses for intelligence analysis and 

3 operations coordination activities, as authorized by title II 

4 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

5 seq.), $264,898,000; of which not to exceed $3,825 shall 

6 be for official reception and representation expenses; of 

7 which not to exceed $2,000,000 is available for facility 

8 needs associated with secure space at fusion centers, in9 cluding improvements to buildings; and of which 

10 $111,110,000 shall remain available until September 30, 

11 2017. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General in carrying out the provisions of the Inspector 

15 General Act of 1978 (5 U.S.C. App.), $141,188,000; of 

16 which not to exceed $300,000 may be used for certain con17 fidential operational expenses, including the payment of 

18 informants, to be expended at the direction of the Inspec19 tor General. 


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1 TITLE II 

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 UNITED STATES CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For necessary expenses for enforcement of laws relat7 ing to border security, immigration, customs, agricultural 

8 inspections and regulatory activities related to plant and 

9 animal imports, and transportation of unaccompanied 

10 minor aliens; purchase and lease of up to 7,500 (6,500 

11 for replacement only) police-type vehicles; and contracting 

12 with individuals for personal services abroad; 

13 $8,695,238,000; of which $3,274,000 shall be derived 

14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to section 9505(c)(3) of the Internal 

17 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not18 withstanding section 1511(e)(1) of the Homeland Security 

19 Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

20 $34,425 shall be for official reception and representation 

21 expenses; of which such sums as become available in the 

22 Customs User Fee Account, except sums subject to section 

23 13031(f)(3) of the Consolidated Omnibus Budget Rec24 onciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be de25 rived from that account; of which not to exceed $150,000 


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1 shall be available for payment for rental space in connec2 tion with preclearance operations; and of which not to ex3 ceed $1,000,000 shall be for awards of compensation to 

4 informants, to be accounted for solely under the certificate 

5 of the Secretary of Homeland Security: Provided, That for 

6 fiscal year 2016, the overtime limitation prescribed in sec7 tion 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 

8 267(c)(1)) shall be $35,000; and notwithstanding any 

9 other provision of law, none of the funds appropriated by 

10 this Act shall be available to compensate any employee of 

11 United States Customs and Border Protection for over12 time, from whatever source, in an amount that exceeds 

13 such limitation, except in individual cases determined by 

14 the Secretary of Homeland Security, or the designee of 

15 the Secretary, to be necessary for national security pur16 poses, to prevent excessive costs, or in cases of immigra17 tion emergencies: Provided further, That the Border Pa18 trol shall maintain an active duty presence of not less than 

19 21,370 full-time equivalent agents protecting the borders 

20 of the United States in the fiscal year. 

21 AUTOMATION MODERNIZATION

22 For necessary expenses for United States Customs 

23 and Border Protection for operation and improvement of 

24 automated systems, including salaries and expenses, 

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1 able until September 30, 2018; and of which not less than 

2 $153,614,000 shall be for the development of the Auto3 mated Commercial Environment. 

4 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

5 TECHNOLOGY

6 For necessary expenses for border security fencing, 

7 infrastructure, and technology, $439,430,000, of which 

8 $191,539,000 shall remain available until September 30, 

9 2018, for development and deployment. 

10 AIR AND MARINE OPERATIONS

11 For necessary expenses for the operations, mainte12 nance, and procurement of marine vessels, aircraft, un13 manned aircraft systems, the Air and Marine Operations 

14 Center, and other related equipment of the air and marine 

15 program, including salaries and expenses, operational 

16 training, and mission-related travel, the operations of 

17 which include the following: the interdiction of narcotics 

18 and other goods; the provision of support to Federal, 

19 State, and local agencies in the enforcement or adminis20 tration of laws enforced by the Department of Homeland 

21 Security; and, at the discretion of the Secretary of Home22 land Security, the provision of assistance to Federal, 

23 State, and local agencies in other law enforcement and 

24 emergency humanitarian efforts; $784,934,000; of which 

25 $83,200,000 shall remain available until September 30, 


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1 2018 for procurement: Provided, That no aircraft or other 

2 related equipment, with the exception of aircraft that are 

3 one of a kind and have been identified as excess to United 

4 States Customs and Border Protection requirements and 

5 aircraft that have been damaged beyond repair, shall be 

6 transferred to any other Federal agency, department, or 

7 office outside of the Department of Homeland Security 

8 during fiscal year 2016 without prior notice to the Com9 mittees on Appropriations of the Senate and the House 

10 of Representatives: Provided further, That funding made 

11 available under this heading shall be available for customs 

12 expenses when necessary to maintain or to temporarily in13 crease operations in Puerto Rico. 

14 CONSTRUCTION AND FACILITIES MANAGEMENT

15 For necessary expenses to plan, acquire, construct, 

16 renovate, equip, furnish, operate, manage, and maintain 

17 buildings, facilities, and related infrastructure necessary 

18 for the administration and enforcement of the laws relat19 ing to customs, immigration, and border security, 

20 $341,356,000, to remain available until September 30, 

21 2020. 


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1 UNITED STATES IMMIGRATION AND CUSTOMS

2 ENFORCEMENT

3 SALARIES AND EXPENSES

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for enforcement of immigra6 tion and customs laws, detention and removals, and inves7 tigations, including intellectual property rights and over8 seas vetted units operations; and purchase and lease of 

9 up to 3,790 (2,350 for replacement only) police-type vehi10 cles; $5,736,286,000; of which not to exceed $10,000,000 

11 shall be available until expended for conducting special op12 erations under section 3131 of the Customs Enforcement 

13 Act of 1986 (19 U.S.C. 2081); of which not to exceed 

14 $11,475 shall be for official reception and representation 

15 expenses; of which not to exceed $2,000,000 shall be for 

16 awards of compensation to informants, to be accounted 

17 for solely under the certificate of the Secretary of Home18 land Security; of which not less than $305,000 shall be 

19 for promotion of public awareness activities to counter 

20 child exploitation; of which not less than $5,400,000 shall 

21 be used to facilitate agreements consistent with section 

22 287(g) of the Immigration and Nationality Act (8 U.S.C. 

23 1357(g)); and of which not to exceed $11,216,000 shall 

24 be available to fund or reimburse other Federal agencies 

25 for the costs associated with the care, maintenance, and 


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1 repatriation of smuggled aliens unlawfully present in the 

2 United States: Provided, That of the total amount made 

3 available under this heading, $100,000,000 shall be with4 held from obligation until the Director of United States 

5 Immigration and Customs Enforcement submits to the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives a report detailing the number 

8 of full-time equivalent employees hired and lost through 

9 attrition for the period beginning on October 1, 2015, and 

10 ending on June 30, 2016: Provided further, That, of the 

11 total amount available under this heading, $5,000,000 

12 shall be withheld from obligation until the Director of 

13 United States Immigration and Customs Enforcement 

14 briefs the Committees on Appropriations of the Senate 

15 and the House of Representatives on efforts to increase 

16 the number of communities and law enforcement agencies 

17 participating in the Priority Enforcement Program includ18 ing details as to the jurisdiction and law enforcement 

19 agency approached and the level of participation on a by20 community basis: Provided further, That none of the funds 

21 made available under this heading shall be available to 

22 compensate any employee for overtime in an annual 

23 amount in excess of $35,000, except that the Secretary 

24 of Homeland Security, or the designee of the Secretary, 

25 may waive that amount as necessary for national security 


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1 purposes and in cases of immigration emergencies: Pro2 vided further, That of the total amount provided, 

3 $15,770,000 shall be for activities to enforce laws against 

4 forced child labor, of which not to exceed $6,000,000 shall 

5 remain available until expended: Provided further, That of 

6 the total amount available, not less than $1,600,000,000 

7 shall be available to identify aliens convicted of a crime 

8 who may be deportable, and to remove them from the 

9 United States once they are judged deportable: Provided 

10 further, That the Secretary of Homeland Security shall 

11 prioritize the identification and removal of aliens convicted 

12 of a crime by the severity of that crime: Provided further, 

13 That funding made available under this heading shall 

14 maintain a level of not less than 34,000 detention beds 

15 through September 30, 2016: Provided further, That of 

16 the total amount provided, not less than $3,266,766,000 

17 is for detention, enforcement, and removal operations, in18 cluding transportation of unaccompanied minor aliens: 

19 Provided further, That of the total amount provided for 

20 the Visa Security Program and international investiga21 tions, $13,300,000 shall remain available until September 

22 30, 2017: Provided further, That not less than 

23 $15,000,000 shall be available for investigation of intellec24 tual property rights violations, including operation of the 

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1 ter: Provided further, That none of the funds provided 

2 under this heading may be used to continue a delegation 

3 of law enforcement authority authorized under section 

4 287(g) of the Immigration and Nationality Act (8 U.S.C. 

5 1357(g)) if the Department of Homeland Security Inspec6 tor General determines that the terms of the agreement 

7 governing the delegation of authority have been materially 

8 violated: Provided further, That none of the funds provided 

9 under this heading may be used to continue any contract 

10 for the provision of detention services if the two most re11 cent overall performance evaluations received by the con12 tracted facility are less than ‘‘adequate’’ or the equivalent 

13 median score in any subsequent performance evaluation 

14 system: Provided further, That nothing under this heading 

15 shall prevent United States Immigration and Customs En16 forcement from exercising those authorities provided 

17 under immigration laws (as defined in section 101(a)(17) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(17))) during priority operations pertaining to 

20 aliens convicted of a crime: Provided further, That without 

21 regard to the limitation as to time and condition of section 

22 503(d) of this Act, the Secretary may propose to repro23 gram into and transfer funds within this appropriation 

24 necessary to ensure the detention of aliens prioritized for 

25 removal. 


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1 AUTOMATION MODERNIZATION

2 For necessary expenses of immigration and customs 

3 enforcement automated systems, $73,500,000, to remain 

4 available until September 30, 2018. 

5 CONSTRUCTION

6 For necessary expenses to plan, construct, renovate, 

7 equip, and maintain buildings and facilities necessary for 

8 the administration and enforcement of the laws relating 

9 to customs and immigration, $5,000,000, to remain avail10 able until September 30, 2019. 

11 TRANSPORTATION SECURITY ADMINISTRATION

12 AVIATION SECURITY

13 For necessary expenses of the Transportation Secu14 rity Administration related to providing civil aviation secu15 rity services pursuant to the Aviation and Transportation 

16 Security Act (Public Law 107–71; 115 Stat. 597; 49 

17 U.S.C. 40101 note), $5,558,923,000, to remain available 

18 until September 30, 2017; of which not to exceed $7,650 

19 shall be for official reception and representation expenses: 

20 Provided, That any award to deploy explosives detection 

21 systems shall be based on risk, the airport’s current reli22 ance on other screening solutions, lobby congestion result23 ing in increased security concerns, high injury rates, air24 port readiness, and increased cost effectiveness: Provided 

25 further, That security service fees authorized under section 


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1 44940 of title 49, United States Code, shall be credited 

2 to this appropriation as offsetting collections and shall be 

3 available only for aviation security: Provided further, That 

4 the sum appropriated under this heading from the general 

5 fund shall be reduced on a dollar-for-dollar basis as such 

6 offsetting collections are received during fiscal year 2016 

7 so as to result in a final fiscal year appropriation from 

8 the general fund estimated at not more than 

9 $3,428,923,000: Provided further, That the funds depos10 ited pursuant to section 44945 of title 49, United States 

11 Code, that are currently unavailable for obligation are 

12 hereby permanently cancelled: Provided further, That not13 withstanding section 44923 of title 49, United States 

14 Code, for fiscal year 2016, any funds in the Aviation Secu15 rity Capital Fund established by section 44923(h) of title 

16 49, United States Code, may be used for the procurement 

17 and installation of explosives detection systems or for the 

18 issuance of other transaction agreements for the purpose 

19 of funding projects described in section 44923(a) of such 

20 title: Provided further, That notwithstanding any other 

21 provision of law, for the current fiscal year and each fiscal 

22 year hereafter, mobile explosives detection systems pur23 chased and deployed using funds made available under 

24 this heading may be moved and redeployed to meet evolv25 ing passenger and baggage screening security priorities at 


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1 airports: Provided further, That none of the funds made 

2 available in this Act may be used for any recruiting or 

3 hiring of personnel into the Transportation Security Ad4 ministration that would cause the agency to exceed a staff5 ing level of 45,000 full-time equivalent screeners: Provided 

6 further, That the preceding proviso shall not apply to per7 sonnel hired as part-time employees: Provided further, 

8 That the reporting requirement in the ninth proviso under 

9 the heading ‘‘Transportation Security Administration, 

10 Aviation Security’’ in the Department of Homeland Secu11 rity Appropriations Act, 2015 (Public Law 114–4), shall 

12 apply in fiscal year 2016, except that the reference to 

13 ‘‘this Act’’ shall be treated as referring to this Act: Pro14 vided further, That Members of the United States House 

15 of Representatives and United States Senate, including 

16 the leadership; the heads of Federal agencies and commis17 sions, including the Secretary, Deputy Secretary, Under 

18 Secretaries, and Assistant Secretaries of the Department 

19 of Homeland Security; the United States Attorney Gen20 eral, Deputy Attorney General, Assistant Attorneys Gen21 eral, and the United States Attorneys; and senior mem22 bers of the Executive Office of the President, including 

23 the Director of the Office of Management and Budget, 

24 shall not be exempt from Federal passenger and baggage 

25 screening. 


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1 SURFACE TRANSPORTATION SECURITY

2 For necessary expenses of the Transportation Secu3 rity Administration related to surface transportation secu4 rity activities, $106,894,000, to remain available until 

5 September 30, 2017. 

6 INTELLIGENCE AND VETTING

7 For necessary expenses for the development and im8 plementation of intelligence and vetting activities, 

9 $216,203,000, to remain available until September 30, 

10 2017. 

11 TRANSPORTATION SECURITY SUPPORT

12 For necessary expenses of the Transportation Secu13 rity Administration related to transportation security sup14 port pursuant to the Aviation and Transportation Security 

15 Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 

16 note), $901,442,000, to remain available until September 

17 30, 2017. 

18 COAST GUARD

19 OPERATING EXPENSES

20 For necessary expenses for the operation and mainte21 nance of the Coast Guard, not otherwise provided for; pur22 chase or lease of not to exceed 25 passenger motor vehi23 cles, which shall be for replacement only; purchase or lease 

24 of small boats for contingent and emergent requirements 

25 (at a unit cost of no more than $700,000) and repairs 


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1 and service-life replacements, not to exceed a total of 

2 $31,000,000; purchase or lease of boats necessary for 

3 overseas deployments and activities; purchase or lease of 

4 other equipment (at a unit cost of no more than 

5 $250,000); minor shore construction projects not exceed6 ing $1,000,000 in total cost on any location; payments 

7 pursuant to section 156 of Public Law 97–377 (42 U.S.C. 

8 402 note; 96 Stat. 1920); and recreation and welfare; 

9 $6,899,288,000, of which $340,000,000 shall be for de10 fense-related activities; of which $24,500,000 shall be de11 rived from the Oil Spill Liability Trust Fund to carry out 

12 the purposes of section 1012(a)(5) of the Oil Pollution Act 

13 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex14 ceed $15,300 shall be for official reception and representa15 tion expenses: Provided, That none of the funds made 

16 available by this Act shall be for expenses incurred for rec17 reational vessels under section 12114 of title 46, United 

18 States Code, except to the extent fees are collected from 

19 owners of yachts and credited to this appropriation: Pro20 vided further, That to the extent fees are insufficient to 

21 pay expenses of recreational vessel documentation under 

22 such section 12114, and there is a backlog of recreational 

23 vessel applications, then personnel performing non-rec24 reational vessel documentation functions under subchapter 

25 II of chapter 121 of title 46, United States Code, may 


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1 perform documentation under section 12114: Provided 

2 further, That, without regard to the limitation as to time 

3 and condition of section 503(d) of this Act, after June 

4 30, up to $10,000,000 may be reprogrammed to or from 

5 Military Pay and Allowances in accordance with sub6 sections (a), (b), and (c) of section 503. 

7 ENVIRONMENTAL COMPLIANCE AND RESTORATION

8 For necessary expenses to carry out the environ9 mental compliance and restoration functions of the Coast 

10 Guard under chapter 19 of title 14, United States Code, 

11 $13,269,000, to remain available until September 30, 

12 2020. 

13 RESERVE TRAINING

14 For necessary expenses of the Coast Guard Reserve, 

15 as authorized by law; operations and maintenance of the 

16 Coast Guard reserve program; personnel and training 

17 costs; and equipment and services; $110,614,000. 

18 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

19 For necessary expenses of acquisition, construction, 

20 renovation, and improvement of aids to navigation, shore 

21 facilities, vessels, and aircraft, including equipment related 

22 thereto; and maintenance, rehabilitation, lease, and oper23 ation of facilities and equipment; as authorized by law; 

24 $1,301,289,000; of which $20,000,000 shall be derived 

25 from the Oil Spill Liability Trust Fund to carry out the 


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1 purposes of section 1012(a)(5) of the Oil Pollution Act 

2 of 1990 (33 U.S.C. 2712(a)(5)); and of which the fol3 lowing amounts shall be available until September 30, 

4 2020 (except as subsequently specified): $21,000,000 for 

5 military family housing; $616,400,000 to acquire, effect 

6 major repairs to, renovate, or improve vessels, small boats, 

7 and related equipment; $295,000,000 to acquire, effect 

8 major repairs to, renovate, or improve aircraft or increase 

9 aviation capability; $67,920,000 for other acquisition pro10 grams; $184,100,000 for shore facilities and aids to navi11 gation, including facilities at Department of Defense in12 stallations used by the Coast Guard; and $116,869,000, 

13 to remain available until September 30, 2016, for per14 sonnel compensation and benefits and related costs: Pro15 vided, That the Commandant of the Coast Guard shall 

16 submit to the Congress, at the time the President’s budget 

17 proposal for fiscal year 2017 is submitted pursuant to sec18 tion 1105(a) of title 31, United States Code, a future19 years capital investment plan as described in the second 

20 proviso under the heading ‘‘Coast Guard, Acquisition, 

21 Construction, and Improvements’’ in the Department of 

22 Homeland Security Appropriations Act, 2015 (Public Law 

23 114–4), which shall be subject to the requirements in the 

24 third and fourth provisos under such heading. 


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1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific re3 search, development, test, and evaluation; and for mainte4 nance, rehabilitation, lease, and operation of facilities and 

5 equipment; as authorized by law; $18,135,000, to remain 

6 available until September 30, 2018, of which $500,000 

7 shall be derived from the Oil Spill Liability Trust Fund 

8 to carry out the purposes of section 1012(a)(5) of the Oil 

9 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, 

10 That there may be credited to and used for the purposes 

11 of this appropriation funds received from State and local 

12 governments, other public authorities, private sources, and 

13 foreign countries for expenses incurred for research, devel14 opment, testing, and evaluation. 

15 RETIRED PAY

16 For retired pay, including the payment of obligations 

17 otherwise chargeable to lapsed appropriations for this pur18 pose, payments under the Retired Serviceman’s Family 

19 Protection and Survivor Benefits Plans, payment for ca20 reer status bonuses, concurrent receipts, and combat-re21 lated special compensation under the National Defense 

22 Authorization Act, and payments for medical care of re23 tired personnel and their dependents under chapter 55 of 

24 title 10, United States Code, $1,604,000,000, to remain 

25 available until expended. 


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1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret 

4 Service, including purchase of not to exceed 652 vehicles 

5 for police-type use for replacement only; hire of passenger 

6 motor vehicles; purchase of motorcycles made in the 

7 United States; hire of aircraft; services of expert witnesses 

8 at such rates as may be determined by the Director of 

9 the United States Secret Service; rental of buildings in 

10 the District of Columbia, and fencing, lighting, guard 

11 booths, and other facilities on private or other property 

12 not in Government ownership or control, as may be nec13 essary to perform protective functions; payment of per 

14 diem or subsistence allowances to employees in cases in 

15 which a protective assignment on the actual day or days 

16 of the visit of a protectee requires an employee to work 

17 16 hours per day or to remain overnight at a post of duty; 

18 conduct of and participation in firearms matches; presen19 tation of awards; travel of United States Secret Service 

20 employees on protective missions without regard to the 

21 limitations on such expenditures in this or any other Act 

22 if approval is obtained in advance from the Committees 

23 on Appropriations of the Senate and the House of Rep24 resentatives; research and development; grants to conduct 

25 behavioral research in support of protective research and 


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1 operations; and payment in advance for commercial ac2 commodations as may be necessary to perform protective 

3 functions; $1,832,813,000; of which not to exceed $19,125 

4 shall be for official reception and representation expenses; 

5 of which not to exceed $100,000 shall be to provide tech6 nical assistance and equipment to foreign law enforcement 

7 organizations in counterfeit investigations; of which 

8 $2,366,000 shall be for forensic and related support of 

9 investigations of missing and exploited children; of which 

10 $6,000,000 shall be for a grant for activities related to 

11 investigations of missing and exploited children and shall 

12 remain available until September 30, 2017; and of which 

13 not less than $12,000,000 shall be for activities related 

14 to training in electronic crimes investigations and 

15 forensics: Provided, That $18,000,000 for protective travel 

16 shall remain available until September 30, 2017: Provided 

17 further, That $4,500,000 for National Special Security 

18 Events shall remain available until expended: Provided 

19 further, That the United States Secret Service is author20 ized to obligate funds in anticipation of reimbursements 

21 from Federal agencies and entities, as defined in section 

22 105 of title 5, United States Code, for personnel receiving 

23 training sponsored by the James J. Rowley Training Cen24 ter, except that total obligations at the end of the fiscal 

25 year shall not exceed total budgetary resources available 


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1 under this heading at the end of the fiscal year: Provided 

2 further, That none of the funds made available under this 

3 heading shall be available to compensate any employee for 

4 overtime in an annual amount in excess of $35,000, except 

5 that the Secretary of Homeland Security, or the designee 

6 of the Secretary, may waive that amount as necessary for 

7 national security purposes: Provided further, That none of 

8 the funds made available to the United States Secret Serv9 ice by this Act or by previous appropriations Acts may 

10 be made available for the protection of the head of a Fed11 eral agency other than the Secretary of Homeland Secu12 rity: Provided further, That the Director of the United 

13 States Secret Service may enter into an agreement to pro14 vide such protection on a fully reimbursable basis: Pro15 vided further, That none of the funds made available to 

16 the United States Secret Service by this Act or by previous 

17 appropriations Acts may be obligated for the purpose of 

18 opening a new permanent domestic or overseas office or 

19 location unless the Committees on Appropriations of the 

20 Senate and the House of Representatives are notified 15 

21 days in advance of such obligation: Provided further, That 

22 for purposes of section 503(b) of this Act, $15,000,000 

23 or 10 percent, whichever is less, may be transferred be24 tween Protection of Persons and Facilities and Domestic 

25 Field Operations. 


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1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For necessary expenses for acquisition, construction, 

4 repair, alteration, and improvement of physical and tech5 nological infrastructure, $72,819,000 to remain available 

6 until September 30, 2018. 

7 TITLE III 

8 PROTECTION, PREPAREDNESS, RESPONSE, AND 

9 RECOVERY 

10 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

11 MANAGEMENT AND ADMINISTRATION

12 For necessary expenses for the management and ad13 ministration of the Office of the Under Secretary for the 

14 National Protection and Programs Directorate, support 

15 for operations, and information technology, $56,127,000: 

16 Provided, That not to exceed $3,825 shall be for official 

17 reception and representation expenses. 

18 INFRASTRUCTURE PROTECTION AND INFORMATION

19 SECURITY

20 For necessary expenses for infrastructure protection 

21 and information security programs and activities, as au22 thorized by title II of the Homeland Security Act of 2002 

23 (6 U.S.C. 121 et seq.), $1,245,000,000, of which 

24 $271,000,000 shall remain available until September 30, 

25 2017. 


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1 FEDERAL PROTECTIVE SERVICE

2 The revenues and collections of security fees credited 

3 to this account shall be available until expended for nec4 essary expenses related to the protection of federally 

5 owned and leased buildings and for the operations of the 

6 Federal Protective Service. 

7 OFFICE OF BIOMETRIC IDENTITY MANAGEMENT

8 For necessary expenses for the Office of Biometric 

9 Identity Management, as authorized by section 7208 of 

10 the Intelligence Reform and Terrorism Prevention Act of 

11 2004 (8 U.S.C. 1365b), $283,473,000: Provided, That of 

12 the total amount made available under this heading, 

13 $159,054,000 shall remain available until September 30, 

14 2018. 

15 OFFICE OF HEALTH AFFAIRS

16 For necessary expenses of the Office of Health Af17 fairs, $125,216,000; of which $26,857,000 is for salaries 

18 and expenses and $82,078,000 is for BioWatch oper19 ations: Provided, That of the amount made available under 

20 this heading, $16,281,000 shall remain available until 

21 September 30, 2017, for biosurveillance, chemical defense, 

22 medical and health planning and coordination, and work23 force health protection. 


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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Emergency 

4 Management Agency, $955,963,000, including activities 

5 authorized by the National Flood Insurance Act of 1968 

6 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

7 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

8 seq.), the Cerro Grande Fire Assistance Act of 2000 (divi9 sion C, title I, 114 Stat. 583), the Earthquake Hazards 

10 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De11 fense Production Act of 1950 (50 U.S.C. App. 2061 et 

12 seq.), sections 107 and 303 of the National Security Act 

13 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 

14 3 of 1978 (5 U.S.C. App.), the National Dam Safety Pro15 gram Act (33 U.S.C. 467 et seq.), the Homeland Security 

16 Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Rec17 ommendations of the 9/11 Commission Act of 2007 (Pub18 lic Law 110–53), the Federal Fire Prevention and Control 

19 Act of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina 

20 Emergency Management Reform Act of 2006 (Public Law 

21 109–295; 120 Stat. 1394), the Biggert-Waters Flood In22 surance Reform Act of 2012 (Public Law 112–141, 126 

23 Stat. 916), and the Homeowner Flood Insurance Afford24 ability Act of 2014 (Public Law 113–89): Provided, That 

25 not to exceed $2,250 shall be for official reception and 


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1 representation expenses: Provided further, That of the 

2 total amount made available under this heading, 

3 $35,180,000 shall be for the Urban Search and Rescue 

4 Response System, of which none is available for Federal 

5 Emergency Management Agency administrative costs: 

6 Provided further, That of the total amount made available 

7 under this heading, $27,500,000 shall remain available 

8 until September 30, 2017, for capital improvements and 

9 other expenses related to continuity of operations at the 

10 Mount Weather Emergency Operations Center. 

11 STATE AND LOCAL PROGRAMS

12 For grants, contracts, cooperative agreements, and 

13 other activities, $1,500,000,000, which shall be allocated 

14 as follows: 

15 (1) $467,000,000 shall be for the State Home16 land Security Grant Program under section 2004 of 

17 the Homeland Security Act of 2002 (6 U.S.C. 605), 

18 of which not less than $55,000,000 shall be for Op19 eration Stonegarden: Provided, That notwith20 standing subsection (c)(4) of such section 2004, for 

21 fiscal year 2016, the Commonwealth of Puerto Rico 

22 shall make available to local and tribal governments 

23 amounts provided to the Commonwealth of Puerto 

24 Rico under this paragraph in accordance with sub25 section (c)(1) of such section 2004. 


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1 (2) $600,000,000 shall be for the Urban Area 

2 Security Initiative under section 2003 of the Home3 land Security Act of 2002 (6 U.S.C. 604), of which 

4 not less than $13,000,000 shall be for organizations 

5 (as described under section 501(c)(3) of the Internal 

6 Revenue Code of 1986 and exempt from tax under 

7 section 501(a) of such code) determined by the Sec8 retary of Homeland Security to be at high risk of a 

9 terrorist attack. 

10 (3) $100,000,000 shall be for Public Transpor11 tation Security Assistance, Railroad Security Assist12 ance, and Over-the-Road Bus Security Assistance 

13 under sections 1406, 1513, and 1532 of the Imple14 menting Recommendations of the 9/11 Commission 

15 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 

16 1163, and 1182), of which not less than 

17 $10,000,000 shall be for Amtrak security and 

18 $3,000,000 shall be for Over-the-Road Bus Security: 

19 Provided, That such public transportation security 

20 assistance shall be provided directly to public trans21 portation agencies. 

22 (4) $100,000,000 shall be for Port Security 

23 Grants in accordance with 46 U.S.C. 70107. 

24 (5) $233,000,000 shall be to sustain current 

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1 ance, and other programs, of which $162,991,000 

2 shall be for training of State, local, and tribal emer3 gency response providers: 

4 Provided, That for grants under paragraphs (1) through 

5 (4), applications for grants shall be made available to eligi6 ble applicants not later than 60 days after the date of en7 actment of this Act, that eligible applicants shall submit 

8 applications not later than 80 days after the grant an9 nouncement, and the Administrator of the Federal Emer10 gency Management Agency shall act within 65 days after 

11 the receipt of an application: Provided further, That not12 withstanding section 2008(a)(11) of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 609(a)(11)) or any other provi14 sion of law, a grantee may not use more than 5 percent 

15 of the amount of a grant made available under this head16 ing for expenses directly related to administration of the 

17 grant: Provided further, That for grants under paragraphs 

18 (1) and (2), the installation of communications towers is 

19 not considered construction of a building or other physical 

20 facility: Provided further, That grantees shall provide re21 ports on their use of funds, as determined necessary by 

22 the Secretary of Homeland Security: Provided further, 

23 That notwithstanding section 509 of this Act, the Admin24 istrator of the Federal Emergency Management Agency 

25 may use the funds provided in paragraph (5) to acquire 


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1 real property for the purpose of establishing or appro2 priately extending the security buffer zones around Fed3 eral Emergency Management Agency training facilities. 

4 FIREFIGHTER ASSISTANCE GRANTS

5 For grants for programs authorized by the Federal 

6 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

7 et seq.), $680,000,000, to remain available until Sep8 tember 30, 2017, of which $340,000,000 shall be available 

9 to carry out section 33 of that Act (15 U.S.C. 2229) and 

10 $340,000,000 shall be available to carry out section 34 

11 of that Act (15 U.S.C. 2229a). 

12 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

13 For emergency management performance grants, as 

14 authorized by the National Flood Insurance Act of 1968 

15 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

16 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

17 seq.), the Earthquake Hazards Reduction Act of 1977 (42 

18 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 

19 1978 (5 U.S.C. App.), $350,000,000. 

20 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

21 The aggregate charges assessed during fiscal year 

22 2016, as authorized in title III of the Departments of Vet23 erans Affairs and Housing and Urban Development, and 

24 Independent Agencies Appropriations Act, 1999 (42 

25 U.S.C. 5196e), shall not be less than 100 percent of the 


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1 amounts anticipated by the Department of Homeland Se2 curity necessary for its radiological emergency prepared3 ness program for the next fiscal year: Provided, That the 

4 methodology for assessment and collection of fees shall be 

5 fair and equitable and shall reflect costs of providing such 

6 services, including administrative costs of collecting such 

7 fees: Provided further, That fees received under this head8 ing shall be deposited in this account as offsetting collec9 tions and will become available for authorized purposes on 

10 October 1, 2016, and remain available until expended. 

11 UNITED STATES FIRE ADMINISTRATION

12 For necessary expenses of the United States Fire Ad13 ministration and for other purposes, as authorized by the 

14 Federal Fire Prevention and Control Act of 1974 (15 

15 U.S.C. 2201 et seq.) and the Homeland Security Act of 

16 2002 (6 U.S.C. 101 et seq.), $44,000,000. 

17 DISASTER RELIEF FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses in carrying out the Robert 

20 T. Stafford Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5121 et seq.), $7,374,693,000 to remain avail22 able until expended, of which $24,000,000 shall be trans23 ferred to the Department of Homeland Security Office of 

24 Inspector General for audits and investigations related to 

25 disasters: Provided, That the reporting requirements in 


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1 paragraphs (1) and (2) under the heading ‘‘Federal Emer2 gency Management Agency, Disaster Relief Fund’’ in the 

3 Department of Homeland Security Appropriations Act, 

4 2015 (Public Law 114–4) shall be applied in fiscal year 

5 2016 with respect to budget year 2017 and current fiscal 

6 year 2016, respectively, by substituting ‘‘fiscal year 2017’’ 

7 for ‘‘fiscal year 2016’’ in paragraph (1): Provided further, 

8 That of the amount provided under this heading, 

9 $6,712,953,000 shall be for major disasters declared pur10 suant to the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5121 et seq.): Provided 

12 further, That the amount in the preceding proviso is des13 ignated by the Congress as being for disaster relief pursu14 ant to section 251(b)(2)(D) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

17 For necessary expenses, including administrative 

18 costs, under section 1360 of the National Flood Insurance 

19 Act of 1968 (42 U.S.C. 4101), and under sections 

20 100215, 100216, 100226, 100230, and 100246 of the 

21 Biggert-Waters Flood Insurance Reform Act of 2012, 

22 (Public Law 112–141, 126 Stat. 924), $100,000,000, and 

23 such additional sums as may be provided by State and 

24 local governments or other political subdivisions for cost25 shared mapping activities under section 1360(f)(2) of such 


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1 Act (42 U.S.C. 4101(f)(2)), to remain available until ex2 pended. 

3 NATIONAL FLOOD INSURANCE FUND

4 For activities under the National Flood Insurance 

5 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 

6 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 

7 Biggert-Waters Flood Insurance Reform Act of 2012 

8 (Public Law 112–141, 126 Stat. 916), and the Home9 owner Flood Insurance Affordability Act of 2014 (Public 

10 Law 113–89; 128 Stat. 1020), $181,198,000, which shall 

11 remain available until September 30, 2017, and shall be 

12 derived from offsetting amounts collected under section 

13 1308(d) of the National Flood Insurance Act of 1968 (42 

14 U.S.C. 4015(d)); of which $25,299,000 shall be available 

15 for salaries and expenses associated with flood manage16 ment and flood insurance operations and $155,899,000 

17 shall be available for flood plain management and flood 

18 mapping: Provided, That any additional fees collected pur19 suant to section 1308(d) of the National Flood Insurance 

20 Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an 

21 offsetting collection to this account, to be available for 

22 flood plain management and flood mapping: Provided fur23 ther, That in fiscal year 2016, no funds shall be available 

24 from the National Flood Insurance Fund under section 


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1 1310 of the National Flood Insurance Act of 1968 (42 

2 U.S.C. 4017) in excess of: 

3 (1) $133,252,000 for operating expenses; 

4 (2) $1,123,000,000 for commissions and taxes 

5 of agents; 

6 (3) such sums as are necessary for interest on 

7 Treasury borrowings; and 

8 (4) $175,000,000, which shall remain available 

9 until expended, for flood mitigation actions and for 

10 flood mitigation assistance under section 1366 of the 

11 National Flood Insurance Act of 1968 (42 U.S.C. 

12 4104c), notwithstanding sections 1366(e) and 

13 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 

14 Provided further, That the amounts collected under section 

15 102 of the Flood Disaster Protection Act of 1973 (42 

16 U.S.C. 4012a) and section 1366(e) of the National Flood 

17 Insurance Act of 1968 shall be deposited in the National 

18 Flood Insurance Fund to supplement other amounts speci19 fied as available for section 1366 of the National Flood 

20 Insurance Act of 1968, notwithstanding section 102(f)(8), 

21 section 1366(e), and paragraphs (1) through (3) of section 

22 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 

23 4104d(b)(1)–(3)): Provided further, That total administra24 tive costs shall not exceed 4 percent of the total appropria25 tion: Provided further, That $5,000,000 is available to 


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1 carry out section 24 of the Homeowner Flood Insurance 

2 Affordability Act of 2014 (42 U.S.C. 4033). 

3 NATIONAL PREDISASTER MITIGATION FUND

4 For the predisaster mitigation grant program under 

5 section 203 of the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5133), 

7 $25,000,000, to remain available until expended. 

8 EMERGENCY FOOD AND SHELTER

9 To carry out the emergency food and shelter program 

10 pursuant to title III of the McKinney-Vento Homeless As11 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 

12 remain available until expended: Provided, That total ad13 ministrative costs shall not exceed 3.5 percent of the total 

14 amount made available under this heading. 

15 TITLE IV 

16 RESEARCH, DEVELOPMENT, TRAINING, AND 

17 SERVICES 

18 UNITED STATES CITIZENSHIP AND IMMIGRATION

19 SERVICES

20 For necessary expenses for citizenship and immigra21 tion services, $119,671,000 for the E-Verify Program, as 

22 described in section 403(a) of the Illegal Immigration Re23 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

24 1324a note), to assist United States employers with main25 taining a legal workforce: Provided, That, notwithstanding 


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1 any other provision of law, funds otherwise made available 

2 to United States Citizenship and Immigration Services 

3 may be used to acquire, operate, equip, and dispose of up 

4 to 5 vehicles, for replacement only, for areas where the 

5 Administrator of General Services does not provide vehi6 cles for lease: Provided further, That the Director of 

7 United States Citizenship and Immigration Services may 

8 authorize employees who are assigned to those areas to 

9 use such vehicles to travel between the employees’ resi10 dences and places of employment: Provided further, That 

11 of the funds deposited into the ‘‘Immigration Examination 

12 Fees Account’’ established under section 286(m) of the 

13 Immigration and Nationality Act (8 U.S.C. 1356(m)), not 

14 to exceed $10,000 may be allocated by the Director of 

15 United States Citizenship and Immigration Services in fis16 cal year 2016 for official reception and representation ex17 penses notwithstanding section 286(n) of the Immigration 

18 and Nationality Act (8 U.S.C. 1356(n)). 

19 FEDERAL LAW ENFORCEMENT TRAINING CENTER

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Law Enforce22 ment Training Center, including materials and support 

23 costs of Federal law enforcement basic training; the pur24 chase of not to exceed 117 vehicles for police-type use and 

25 hire of passenger motor vehicles; expenses for student athVerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128

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1 letic and related activities; the conduct of and participa2 tion in firearms matches and presentation of awards; pub3 lic awareness and enhancement of community support of 

4 law enforcement training; room and board for student in5 terns; a flat monthly reimbursement to employees author6 ized to use personal mobile phones for official duties; and 

7 services as authorized by section 3109 of title 5, United 

8 States Code; $211,502,000; of which up to $47,181,000 

9 shall remain available until September 30, 2017, for mate10 rials and support costs of Federal law enforcement basic 

11 training; of which $300,000 shall remain available until 

12 expended to be distributed to Federal law enforcement 

13 agencies for expenses incurred participating in training ac14 creditation; and of which not to exceed $7,180 shall be 

15 for official reception and representation expenses: Pro16 vided, That the Center is authorized to obligate funds in 

17 anticipation of reimbursements from agencies receiving 

18 training sponsored by the Center, except that total obliga19 tions at the end of the fiscal year shall not exceed total 

20 budgetary resources available at the end of the fiscal year: 

21 Provided further, That section 1202(a) of Public Law 

22 107–206 (42 U.S.C. 3771 note), as amended under this 

23 heading in Public Law 114–4, is further amended by 

24 striking ‘‘December 31, 2017’’ and inserting ‘‘December 

25 31, 2018’’: Provided further, That the Director of the FedVerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128

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1 eral Law Enforcement Training Center shall schedule 

2 basic or advanced law enforcement training, or both, at 

3 all four training facilities under the control of the Federal 

4 Law Enforcement Training Center to ensure that such 

5 training facilities are operated at the highest capacity 

6 throughout the fiscal year: Provided further, That the Fed7 eral Law Enforcement Training Accreditation Board, in8 cluding representatives from the Federal law enforcement 

9 community and non-Federal accreditation experts involved 

10 in law enforcement training, shall lead the Federal law 

11 enforcement training accreditation process to continue the 

12 implementation of measuring and assessing the quality 

13 and effectiveness of Federal law enforcement training pro14 grams, facilities, and instructors. 

15 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

16 RELATED EXPENSES

17 For acquisition of necessary additional real property 

18 and facilities, construction, and ongoing maintenance, fa19 cility improvements, and related expenses of the Federal 

20 Law Enforcement Training Center, $27,553,000, to re21 main available until September 30, 2020: Provided, That 

22 the Center is authorized to accept reimbursement to this 

23 appropriation from government agencies requesting the 

24 construction of special use facilities. 


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1 SCIENCE AND TECHNOLOGY

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Office of the Under 

4 Secretary for Science and Technology and for manage5 ment and administration of programs and activities, as 

6 authorized by title III of the Homeland Security Act of 

7 2002 (6 U.S.C. 181 et seq.), $131,531,000: Provided, 

8 That not to exceed $7,650 shall be for official reception 

9 and representation expenses. 

10 RESEARCH, DEVELOPMENT, ACQUISITION, AND

11 OPERATIONS

12 For necessary expenses for science and technology re13 search, including advanced research projects, development, 

14 test and evaluation, acquisition, and operations as author15 ized by title III of the Homeland Security Act of 2002 

16 (6 U.S.C. 181 et seq.), and the purchase or lease of not 

17 to exceed 5 vehicles, $655,407,000; of which 

18 $521,676,000 shall remain available until September 30, 

19 2018; and of which $133,731,000 shall remain available 

20 until September 30, 2020, solely for operation and con21 struction of laboratory facilities. 

22 DOMESTIC NUCLEAR DETECTION OFFICE

23 MANAGEMENT AND ADMINISTRATION

24 For salaries and expenses of the Domestic Nuclear 

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1 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man2 agement and administration of programs and activities, 

3 $38,109,000: Provided, That not to exceed $2,250 shall 

4 be for official reception and representation expenses. 

5 RESEARCH, DEVELOPMENT, AND OPERATIONS

6 For necessary expenses for radiological and nuclear 

7 research, development, testing, evaluation, and operations, 

8 $196,000,000, to remain available until September 30, 

9 2018. 

10 SYSTEMS ACQUISITION

11 For necessary expenses for the Domestic Nuclear De12 tection Office acquisition and deployment of radiological 

13 detection systems in accordance with the global nuclear 

14 detection architecture, $123,011,000, to remain available 

15 until September 30, 2018. 

16 TITLE V 

17 GENERAL PROVISIONS 

18 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

19 SEC. 501. No part of any appropriation contained in 

20 this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

22 SEC. 502. Subject to the requirements of section 503 

23 of this Act, the unexpended balances of prior appropria24 tions provided for activities in this Act may be transferred 

25 to appropriation accounts for such activities established 


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1 pursuant to this Act, may be merged with funds in the 

2 applicable established accounts, and thereafter may be ac3 counted for as one fund for the same time period as origi4 nally enacted. 

5 SEC. 503. (a) None of the funds provided by this Act, 

6 provided by previous appropriations Acts to the agencies 

7 in or transferred to the Department of Homeland Security 

8 that remain available for obligation or expenditure in fiscal 

9 year 2016, or provided from any accounts in the Treasury 

10 of the United States derived by the collection of fees avail11 able to the agencies funded by this Act, shall be available 

12 for obligation or expenditure through a reprogramming of 

13 funds that: 

14 (1) creates a new program, project, or activity; 

15 (2) eliminates a program, project, office, or ac16 tivity; 

17 (3) increases funds for any program, project, or 

18 activity for which funds have been denied or re19 stricted by the Congress; 

20 (4) proposes to use funds directed for a specific 

21 activity by either of the Committees on Appropria22 tions of the Senate or the House of Representatives 

23 for a different purpose; or 

24 (5) contracts out any function or activity for 

25 which funding levels were requested for Federal fullVerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128

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1 time equivalents in the object classification tables 

2 contained in the fiscal year 2016 Budget Appendix 

3 for the Department of Homeland Security, as modi4 fied by the report accompanying this Act, unless the 

5 Committees on Appropriations of the Senate and the 

6 House of Representatives are notified 15 days in ad7 vance of such reprogramming of funds. 

8 (b) None of the funds provided by this Act, provided 

9 by previous appropriations Acts to the agencies in or 

10 transferred to the Department of Homeland Security that 

11 remain available for obligation or expenditure in fiscal 

12 year 2016, or provided from any accounts in the Treasury 

13 of the United States derived by the collection of fees or 

14 proceeds available to the agencies funded by this Act, shall 

15 be available for obligation or expenditure for programs, 

16 projects, or activities through a reprogramming of funds 

17 in excess of $5,000,000 or 10 percent, whichever is less, 

18 that: 

19 (1) augments existing programs, projects, or ac20 tivities; 

21 (2) reduces by 10 percent funding for any exist22 ing program, project, or activity; 

23 (3) reduces by 10 percent the numbers of per24 sonnel approved by the Congress; or 


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1 (4) results from any general savings from a re2 duction in personnel that would result in a change 

3 in existing programs, projects, or activities as ap4 proved by the Congress, unless the Committees on 

5 Appropriations of the Senate and the House of Rep6 resentatives are notified 15 days in advance of such 

7 reprogramming of funds. 

8 (c) Not to exceed 5 percent of any appropriation 

9 made available for the current fiscal year for the Depart10 ment of Homeland Security by this Act or provided by 

11 previous appropriations Acts may be transferred between 

12 such appropriations, but no such appropriation, except as 

13 otherwise specifically provided, shall be increased by more 

14 than 10 percent by such transfers: Provided, That any 

15 transfer under this section shall be treated as a re16 programming of funds under subsection (b) and shall not 

17 be available for obligation unless the Committees on Ap18 propriations of the Senate and the House of Representa19 tives are notified 15 days in advance of such transfer. 

20 (d) Notwithstanding subsections (a), (b), and (c) of 

21 this section, no funds shall be reprogrammed within or 

22 transferred between appropriations based upon an initial 

23 notification provided after June 30, except in extraor24 dinary circumstances that imminently threaten the safety 

25 of human life or the protection of property. 


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1 (e) The notification thresholds and procedures set 

2 forth in this section shall apply to any use of deobligated 

3 balances of funds provided in previous Department of 

4 Homeland Security Appropriations Acts. 

5 SEC. 504. The Department of Homeland Security 

6 Working Capital Fund, established pursuant to section 

7 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

8 continue operations as a permanent working capital fund 

9 for fiscal year 2016: Provided, That none of the funds ap10 propriated or otherwise made available to the Department 

11 of Homeland Security may be used to make payments to 

12 the Working Capital Fund, except for the activities and 

13 amounts allowed in the President’s fiscal year 2016 budg14 et: Provided further, That funds provided to the Working 

15 Capital Fund shall be available for obligation until ex16 pended to carry out the purposes of the Working Capital 

17 Fund: Provided further, That all departmental components 

18 shall be charged only for direct usage of each Working 

19 Capital Fund service: Provided further, That funds pro20 vided to the Working Capital Fund shall be used only for 

21 purposes consistent with the contributing component: Pro22 vided further, That the Working Capital Fund shall be 

23 paid in advance or reimbursed at rates which will return 

24 the full cost of each service: Provided further, That the 

25 Committees on Appropriations of the Senate and House 


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1 of Representatives shall be notified of any activity added 

2 to or removed from the fund and the activity’s accom3 panying offset by component: Provided further, That the 

4 Chief Financial Officer of the Department of Homeland 

5 Security shall submit a quarterly execution report with ac6 tivity level detail, not later than 30 days after the end of 

7 each quarter. 

8 SEC. 505. Except as otherwise specifically provided 

9 by law, not to exceed 50 percent of unobligated balances 

10 remaining available at the end of fiscal year 2016, as re11 corded in the financial records at the time of a reprogram12 ming request, but not later than June 30, 2017, from ap13 propriations for salaries and expenses for fiscal year 2016 

14 in this Act shall remain available through September 30, 

15 2017, in the account and for the purposes for which the 

16 appropriations were provided: Provided, That prior to the 

17 obligation of such funds, a request shall be submitted to 

18 the Committees on Appropriations of the Senate and the 

19 House of Representatives for approval in accordance with 

20 section 503 of this Act. 

21 SEC. 506. Funds made available by this Act for intel22 ligence activities are deemed to be specifically authorized 

23 by the Congress for purposes of section 504 of the Na24 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 


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1 year 2016 until the enactment of an Act authorizing intel2 ligence activities for fiscal year 2016. 

3 SEC. 507. (a) Except as provided in subsections (b) 

4 and (c), none of the funds made available by this Act may 

5 be used to— 

6 (1) make or award a grant allocation, grant, 

7 contract, other transaction agreement, or task or de8 livery order on a Department of Homeland Security 

9 multiple award contract, or to issue a letter of intent 

10 totaling in excess of $1,000,000; 

11 (2) award a task or delivery order requiring an 

12 obligation of funds in an amount greater than 

13 $10,000,000 from multi-year Department of Home14 land Security funds; 

15 (3) make a sole-source grant award; or 

16 (4) announce publicly the intention to make or 

17 award items under paragraph (1), (2), or (3) includ18 ing a contract covered by the Federal Acquisition 

19 Regulation. 

20 (b) The Secretary of Homeland Security may waive 

21 the prohibition under subsection (a) if the Secretary noti22 fies the Committees on Appropriations of the Senate and 

23 the House of Representatives at least 3 full business days 

24 in advance of making an award or issuing a letter as de25 scribed in that subsection. 


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1 (c) If the Secretary of Homeland Security determines 

2 that compliance with this section would pose a substantial 

3 risk to human life, health, or safety, an award may be 

4 made without notification, and the Secretary shall notify 

5 the Committees on Appropriations of the Senate and the 

6 House of Representatives not later than 5 full business 

7 days after such an award is made or letter issued. 

8 (d) A notification under this section— 

9 (1) may not involve funds that are not available 

10 for obligation; and 

11 (2) shall include the amount of the award; the 

12 fiscal year for which the funds for the award were 

13 appropriated; the type of contract; and the account 

14 from which the funds are being drawn. 

15 (e) The Administrator of the Federal Emergency 

16 Management Agency shall brief the Committees on Appro17 priations of the Senate and the House of Representatives 

18 5 full business days in advance of announcing publicly the 

19 intention of making an award under ‘‘State and Local 

20 Programs’’. 

21 SEC. 508. Notwithstanding any other provision of 

22 law, no agency shall purchase, construct, or lease any ad23 ditional facilities, except within or contiguous to existing 

24 locations, to be used for the purpose of conducting Federal 

25 law enforcement training without the advance approval of 


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1 the Committees on Appropriations of the Senate and the 

2 House of Representatives, except that the Federal Law 

3 Enforcement Training Center is authorized to obtain the 

4 temporary use of additional facilities by lease, contract, 

5 or other agreement for training that cannot be accommo6 dated in existing Center facilities. 

7 SEC. 509. None of the funds appropriated or other8 wise made available by this Act may be used for expenses 

9 for any construction, repair, alteration, or acquisition 

10 project for which a prospectus otherwise required under 

11 chapter 33 of title 40, United States Code, has not been 

12 approved, except that necessary funds may be expended 

13 for each project for required expenses for the development 

14 of a proposed prospectus. 

15 SEC. 510. (a) Sections 520, 522, and 530 of the De16 partment of Homeland Security Appropriations Act, 2008 

17 (division E of Public Law 110–161; 121 Stat. 2073 and 

18 2074) shall apply with respect to funds made available in 

19 this Act in the same manner as such sections applied to 

20 funds made available in that Act. 

21 (b) The third proviso of section 537 of the Depart22 ment of Homeland Security Appropriations Act, 2006 (6 

23 U.S.C. 114), shall not apply with respect to funds made 

24 available in this Act. 


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1 SEC. 511. None of the funds made available in this 

2 Act may be used in contravention of the applicable provi3 sions of the Buy American Act. For purposes of the pre4 ceding sentence, the term ‘‘Buy American Act’’ means 

5 chapter 83 of title 41, United States Code. 

6 SEC. 512. None of the funds made available in this 

7 Act may be used to amend the oath of allegiance required 

8 by section 337 of the Immigration and Nationality Act 

9 (8 U.S.C. 1448). 

10 SEC. 513. Not later than 30 days after the last day 

11 of each month, the Chief Financial Officer of the Depart12 ment of Homeland Security shall submit to the Commit13 tees on Appropriations of the Senate and the House of 

14 Representatives a monthly budget and staffing report for 

15 that month that includes total obligations of the Depart16 ment for that month for the fiscal year at the appropria17 tion and program, project, and activity levels, by the 

18 source year of the appropriation. Total obligations for 

19 staffing shall also be provided by subcategory of on-board 

20 and funded full-time equivalent staffing levels, respec21 tively, and the report shall specify the number of, and total 

22 obligations for, contract employees for each office of the 

23 Department. 

24 SEC. 514. Except as provided in section 44945 of title 

25 49, United States Code, funds appropriated or transferred 


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1 to Transportation Security Administration ‘‘Aviation Se2 curity’’, ‘‘Administration’’, and ‘‘Transportation Security 

3 Support’’ for fiscal years 2004 and 2005 that are recov4 ered or deobligated shall be available only for the procure5 ment or installation of explosives detection systems, air 

6 cargo, baggage, and checkpoint screening systems, subject 

7 to notification: Provided, That semiannual reports shall be 

8 submitted to the Committees on Appropriations of the 

9 Senate and the House of Representatives on any funds 

10 that are recovered or deobligated. 

11 SEC. 515. None of the funds appropriated by this Act 

12 may be used to process or approve a competition under 

13 Office of Management and Budget Circular A–76 for serv14 ices provided by employees (including employees serving 

15 on a temporary or term basis) of United States Citizen16 ship and Immigration Services of the Department of 

17 Homeland Security who are known as Immigration Infor18 mation Officers, Contact Representatives, Investigative 

19 Assistants, or Immigration Services Officers. 

20 SEC. 516. Any funds appropriated to ‘‘Coast Guard, 

21 Acquisition, Construction, and Improvements’’ for fiscal 

22 years 2002, 2003, 2004, 2005, and 2006 for the 110– 

23 123 foot patrol boat conversion that are recovered, col24 lected, or otherwise received as the result of negotiation, 


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1 mediation, or litigation, shall be available until expended 

2 for the Fast Response Cutter program. 

3 SEC. 517. The functions of the Federal Law Enforce4 ment Training Center instructor staff shall be classified 

5 as inherently governmental for the purpose of the Federal 

6 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

7 note). 

8 SEC. 518. (a) The Secretary of Homeland Security 

9 shall submit a report not later than October 15, 2016, 

10 to the Office of Inspector General of the Department of 

11 Homeland Security listing all grants and contracts award12 ed by any means other than full and open competition dur13 ing fiscal year 2016. 

14 (b) The Inspector General shall review the report re15 quired by subsection (a) to assess Departmental compli16 ance with applicable laws and regulations and report the 

17 results of that review to the Committees on Appropriations 

18 of the Senate and the House of Representatives not later 

19 than February 15, 2017. 

20 SEC. 519. None of the funds provided by this or pre21 vious appropriations Acts shall be used to fund any posi22 tion designated as a Principal Federal Official (or the suc23 cessor thereto) for any Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

25 declared disasters or emergencies unless— 


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1 (1) the responsibilities of the Principal Federal 

2 Official do not include operational functions related 

3 to incident management, including coordination of 

4 operations, and are consistent with the requirements 

5 of section 509(c) and sections 503(c)(3) and 

6 503(c)(4)(A) of the Homeland Security Act of 2002 

7 (6 U.S.C. 319(c), 313(c)(3), and 313(c)(4)(A)) and 

8 section 302 of the Robert T. Stafford Disaster Relief 

9 and Assistance Act (42 U.S.C. 5143); 

10 (2) not later than 10 business days after the 

11 latter of the date on which the Secretary of Home12 land Security appoints the Principal Federal Official 

13 and the date on which the President issues a dec14 laration under section 401 or section 501 of the 

15 Robert T. Stafford Disaster Relief and Emergency 

16 Assistance Act (42 U.S.C. 5170 and 5191, respec17 tively), the Secretary of Homeland Security shall 

18 submit a notification of the appointment of the Prin19 cipal Federal Official and a description of the re20 sponsibilities of such Official and how such respon21 sibilities are consistent with paragraph (1) to the 

22 Committees on Appropriations of the Senate and the 

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1 resentatives, and the Committee on Homeland Secu2 rity and Governmental Affairs of the Senate; and 

3 (3) not later than 60 days after the date of en4 actment of this Act, the Secretary shall provide a re5 port specifying timeframes and milestones regarding 

6 the update of operations, planning and policy docu7 ments, and training and exercise protocols, to ensure 

8 consistency with paragraph (1) of this section. 

9 SEC. 520. None of the funds provided or otherwise 

10 made available in this Act shall be available to carry out 

11 section 872 of the Homeland Security Act of 2002 (6 

12 U.S.C. 452) unless explicitly authorized by Congress. 

13 SEC. 521. None of the funds made available in this 

14 Act may be used by United States Citizenship and Immi15 gration Services to grant an immigration benefit unless 

16 the results of background checks required by law to be 

17 completed prior to the granting of the benefit have been 

18 received by United States Citizenship and Immigration 

19 Services, and the results do not preclude the granting of 

20 the benefit. 

21 SEC. 522. Section 831 of the Homeland Security Act 

22 of 2002 (6 U.S.C. 391) is amended— 

23 (1) in subsection (a), by striking ‘‘Until Sep24 tember 30, 2015,’’ and inserting ‘‘Until September 

25 30, 2016,’’; and 


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1 (2) in subsection (c)(1), by striking ‘‘September 

2 30, 2015,’’ and inserting ‘‘September 30, 2016,’’. 

3 SEC. 523. The Secretary of Homeland Security shall 

4 require that all contracts of the Department of Homeland 

5 Security that provide award fees link such fees to success6 ful acquisition outcomes (which outcomes shall be speci7 fied in terms of cost, schedule, and performance). 

8 SEC. 524. Notwithstanding any other provision of 

9 law, none of the funds provided in this or any other Act 

10 shall be used to approve a waiver of the navigation and 

11 vessel-inspection laws pursuant to 46 U.S.C. 501(b) for 

12 the transportation of crude oil distributed from and to the 

13 Strategic Petroleum Reserve until the Secretary of Home14 land Security, after consultation with the Secretaries of 

15 the Departments of Energy and Transportation and rep16 resentatives from the United States flag maritime indus17 try, takes adequate measures to ensure the use of United 

18 States flag vessels: Provided, That the Secretary shall no19 tify the Committees on Appropriations of the Senate and 

20 the House of Representatives, the Committee on Com21 merce, Science, and Transportation of the Senate, and the 

22 Committee on Transportation and Infrastructure of the 

23 House of Representatives within 2 business days of any 

24 request for waivers of navigation and vessel-inspection 

25 laws pursuant to 46 U.S.C. 501(b). 


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1 SEC. 525. None of the funds made available in this 

2 Act for United States Customs and Border Protection 

3 may be used to prevent an individual not in the business 

4 of importing a prescription drug (within the meaning of 

5 section 801(g) of the Federal Food, Drug, and Cosmetic 

6 Act) from importing a prescription drug from Canada that 

7 complies with the Federal Food, Drug, and Cosmetic Act: 

8 Provided, That this section shall apply only to individuals 

9 transporting on their person a personal-use quantity of the 

10 prescription drug, not to exceed a 90-day supply: Provided 

11 further, That the prescription drug may not be— 

12 (1) a controlled substance, as defined in section 

13 102 of the Controlled Substances Act (21 U.S.C. 

14 802); or 

15 (2) a biological product, as defined in section 

16 351 of the Public Health Service Act (42 U.S.C. 

17 262). 

18 SEC. 526. The Secretary of Homeland Security, in 

19 consultation with the Secretary of the Treasury, shall no20 tify the Committees on Appropriations of the Senate and 

21 the House of Representatives of any proposed transfers 

22 of funds available under section 9703(g)(4)(B) of title 31, 

23 United States Code (added by section 638 of Public Law 

24 102–393), from the Department of the Treasury For25 feiture Fund to any agency within the Department of 


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1 Homeland Security: Provided, That none of the funds 

2 identified for such a transfer may be obligated until the 

3 Committees on Appropriations of the Senate and the 

4 House of Representatives approve the proposed transfers. 

5 SEC. 527. None of the funds made available in this 

6 Act may be used for planning, testing, piloting, or devel7 oping a national identification card. 

8 SEC. 528. Any official that is required by this Act 

9 to report or to certify to the Committees on Appropria10 tions of the Senate and the House of Representatives may 

11 not delegate such authority to perform that act unless spe12 cifically authorized herein. 

13 SEC. 529. None of the funds appropriated or other14 wise made available in this or any other Act may be used 

15 to transfer, release, or assist in the transfer or release to 

16 or within the United States, its territories, or possessions 

17 Khalid Sheikh Mohammed or any other detainee who— 

18 (1) is not a United States citizen or a member 

19 of the Armed Forces of the United States; and 

20 (2) is or was held on or after June 24, 2009, 

21 at the United States Naval Station, Guantanamo 

22 Bay, Cuba, by the Department of Defense. 

23 SEC. 530. None of the funds made available in this 

24 Act may be used for first-class travel by the employees 

25 of agencies funded by this Act in contravention of sections 


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1 301–10.122 through 301–10.124 of title 41, Code of Fed2 eral Regulations. 

3 SEC. 531. None of the funds made available in this 

4 Act may be used to employ workers described in section 

5 274A(h)(3) of the Immigration and Nationality Act (8 

6 U.S.C. 1324a(h)(3)). 

7 SEC. 532. Notwithstanding any other provision of 

8 this Act, none of the funds appropriated or otherwise 

9 made available by this Act may be used to pay award or 

10 incentive fees for contractor performance that has been 

11 judged to be below satisfactory performance or perform12 ance that does not meet the basic requirements of a con13 tract. 

14 SEC. 533. In developing any process to screen avia15 tion passengers and crews for transportation or national 

16 security purposes, the Secretary of Homeland Security 

17 shall ensure that all such processes take into consideration 

18 such passengers’ and crews’ privacy and civil liberties con19 sistent with applicable laws, regulations, and guidance. 

20 SEC. 534. (a) Notwithstanding section 1356(n) of 

21 title 8, United States Code, of the funds deposited into 

22 the Immigration Examinations Fee Account, $10,000,000 

23 may be allocated by United States Citizenship and Immi24 gration Services in fiscal year 2016 for the purpose of pro25 viding an immigrant integration grants program. 


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1 (b) None of the funds made available to United 

2 States Citizenship and Immigration Services for grants for 

3 immigrant integration may be used to provide services to 

4 aliens who have not been lawfully admitted for permanent 

5 residence. 

6 SEC. 535. For an additional amount for the ‘‘Office 

7 of the Under Secretary for Management’’, $43,886,000, 

8 to remain available until expended, for necessary expenses 

9 to plan, acquire, design, construct, renovate, remediate, 

10 equip, furnish, improve infrastructure, and occupy build11 ings and facilities for the department headquarters con12 solidation project and associated mission support consoli13 dation. 

14 SEC. 536. None of the funds appropriated or other15 wise made available by this Act may be used by the De16 partment of Homeland Security to enter into any Federal 

17 contract unless such contract is entered into in accordance 

18 with the requirements of subtitle I of title 41, United 

19 States Code, or chapter 137 of title 10, United States 

20 Code, and the Federal Acquisition Regulation, unless such 

21 contract is otherwise authorized by statute to be entered 

22 into without regard to the above referenced statutes. 

23 SEC. 537. (a) For an additional amount for financial 

24 systems modernization, $52,977,000 to remain available 

25 until September 30, 2017. 


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1 (b) Funds made available in subsection (a) for finan2 cial systems modernization may be transferred by the Sec3 retary of Homeland Security between appropriations for 

4 the same purpose, notwithstanding section 503 of this Act. 

5 (c) No transfer described in subsection (b) shall occur 

6 until 15 days after the Committees on Appropriations of 

7 the Senate and the House of Representatives are notified 

8 of such transfer. 

9 SEC. 538. Notwithstanding the 10 percent limitation 

10 contained in section 503(c) of this Act, the Secretary of 

11 Homeland Security may transfer to the fund established 

12 by 8 U.S.C. 1101 note, up to $20,000,000 from appro13 priations available to the Department of Homeland Secu14 rity: Provided, That the Secretary shall notify the Com15 mittees on Appropriations of the Senate and the House 

16 of Representatives 5 days in advance of such transfer. 

17 SEC. 539. Notwithstanding any other provision of 

18 law, if the Secretary of Homeland Security determines 

19 that specific United States Immigration and Customs En20 forcement Service Processing Centers or other United 

21 States Immigration and Customs Enforcement owned de22 tention facilities no longer meet the mission need, the Sec23 retary is authorized to dispose of individual Service Proc24 essing Centers or other United States Immigration and 

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1 ing the Administrator of General Services to sell all real 

2 and related personal property which support Service Proc3 essing Centers or other United States Immigration and 

4 Customs Enforcement owned detention facilities, subject 

5 to such terms and conditions as necessary to protect Gov6 ernment interests and meet program requirements: Pro7 vided, That the proceeds, net of the costs of sale incurred 

8 by the General Services Administration and United States 

9 Immigration and Customs Enforcement, shall be deposited 

10 as offsetting collections into a separate account that shall 

11 be available, subject to appropriation, until expended for 

12 other real property capital asset needs of existing United 

13 States Immigration and Customs Enforcement assets, ex14 cluding daily operations and maintenance costs, as the 

15 Secretary deems appropriate: Provided further, That any 

16 sale or collocation of federally owned detention facilities 

17 shall not result in the maintenance of fewer than 34,000 

18 detention beds: Provided further, That the Committees on 

19 Appropriations of the Senate and the House of Represent20 atives shall be notified 15 days prior to the announcement 

21 of any proposed sale or collocation. 

22 SEC. 540. The Secretary of Homeland Security shall 

23 ensure enforcement of all immigration laws (as defined in 

24 section 101(a)(17) of the Immigration and Nationality Act 

25 (8 U.S.C. 1101(a)(17))). 


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1 SEC. 541. (a) None of the funds made available in 

2 this Act may be used to maintain or establish a computer 

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 SEC. 542. None of the funds made available in this 

10 Act may be used by a Federal law enforcement officer to 

11 facilitate the transfer of an operable firearm to an indi12 vidual if the Federal law enforcement officer knows or sus13 pects that the individual is an agent of a drug cartel unless 

14 law enforcement personnel of the United States continu15 ously monitor or control the firearm at all times. 

16 SEC. 543. None of the funds provided in this or any 

17 other Act may be obligated to implement the National Pre18 paredness Grant Program or any other successor grant 

19 programs unless explicitly authorized by Congress. 

20 SEC. 544. None of the funds made available in this 

21 Act may be used to provide funding for the position of 

22 Public Advocate, or a successor position, within United 

23 States Immigration and Customs Enforcement. 


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1 SEC. 545. Section 559(e)(3)(D) of division F of Pub2 lic Law 113–76 (6 U.S.C. 211 note) is amended by strik3 ing ‘‘five’’ and inserting ‘‘ten’’. 

4 SEC. 546. None of the funds made available in this 

5 Act may be used to pay for the travel to or attendance 

6 of more than 50 employees of a single component of the 

7 Department of Homeland Security, who are stationed in 

8 the United States, at a single international conference un9 less the Secretary of Homeland Security, or a designee, 

10 determines that such attendance is in the national interest 

11 and notifies the Committees on Appropriations of the Sen12 ate and the House of Representatives within at least 10 

13 days of that determination and the basis for that deter14 mination: Provided, That for purposes of this section the 

15 term ‘‘international conference’’ shall mean a conference 

16 occurring outside of the United States attended by rep17 resentatives of the United States Government and of for18 eign governments, international organizations, or non19 governmental organizations. 

20 SEC. 547. None of the funds made available in this 

21 Act may be used to reimburse any Federal department 

22 or agency for its participation in a National Special Secu23 rity Event. 

24 SEC. 548. With the exception of countries with 

25 preclearance facilities in service prior to 2014, none of the 


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1 funds made available in this Act may be used for new 

2 United States Customs and Border Protection air 

3 preclearance agreements entering into force after Feb4 ruary 1, 2015, unless— 

5 (1) the Secretary of Homeland Security, in con6 sultation with the Secretary of State, has certified to 

7 Congress that air preclearance operations at the air8 port provide a homeland or national security benefit 

9 to the United States; 

10 (2) United States passenger air carriers are not 

11 precluded from operating at existing preclearance lo12 cations; and 

13 (3) a United States passenger air carrier is op14 erating at all airports contemplated for establish15 ment of new air preclearance operations. 

16 SEC. 549. None of the funds made available by this 

17 or any other Act may be used by the Administrator of 

18 the Transportation Security Administration to implement, 

19 administer, or enforce, in abrogation of the responsibility 

20 described in section 44903(n)(1) of title 49, United States 

21 Code, any requirement that airport operators provide air22 port-financed staffing to monitor exit points from the ster23 ile area of any airport at which the Transportation Secu24 rity Administration provided such monitoring as of De25 cember 1, 2013. 


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1 SEC. 550. The administrative law judge annuitants 

2 participating in the Senior Administrative Law Judge 

3 Program managed by the Director of the Office of Per4 sonnel Management under section 3323 of title 5, United 

5 States Code, shall be available on a temporary reemploy6 ment basis to conduct arbitrations of disputes arising from 

7 delivery of assistance under the Federal Emergency Man8 agement Agency Public Assistance Program. 

9 SEC. 551. As authorized by section 601(b) of the 

10 United States-Colombia Trade Promotion Agreement Im11 plementation Act (Public Law 112–42), not to exceed 

12 $180,000,000 in fees collected from passengers arriving 

13 from Canada, Mexico, or an adjacent island pursuant to 

14 section 13031(a)(5) of the Consolidated Omnibus Budget 

15 Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be 

16 available until expended. 

17 SEC. 552. None of the funds made available to the 

18 Department of Homeland Security by this or any other 

19 Act may be obligated for any structural pay reform that 

20 affects more than 100 full-time equivalent employee posi21 tions or costs more than $5,000,000 in a single year be22 fore the end of the 30-day period beginning on the date 

23 on which the Secretary of Homeland Security submits to 

24 Congress a notification that includes— 


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1 (1) the number of full-time equivalent employee 

2 positions affected by such change; 

3 (2) funding required for such change for the 

4 current year and through the Future Years Home5 land Security Program; 

6 (3) justification for such change; and 

7 (4) an analysis of compensation alternatives to 

8 such change that were considered by the Depart9 ment. 

10 SEC. 553. (a) Any agency receiving funds made avail11 able in this Act shall, subject to subsections (b) and (c), 

12 post on the public Web site of that agency any report re13 quired to be submitted by the Committees on Appropria14 tions of the Senate and the House of Representatives in 

15 this Act, upon the determination by the head of the agency 

16 that it shall serve the national interest. 

17 (b) Subsection (a) shall not apply to a report if— 

18 (1) the public posting of the report com19 promises homeland or national security; or 

20 (2) the report contains proprietary information. 

21 (c) The head of the agency posting such report shall 

22 do so only after such report has been made available to 

23 the requesting Committee or Committees of Congress for 

24 no less than 45 days except as otherwise specified in law. 


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1 SEC. 554. Notwithstanding any other provision of 

2 law, grants awarded to States along the Southwest Border 

3 of the United States under sections 2003 or 2004 of the 

4 Homeland Security Act of 2002 (6 U.S.C. 604 and 605) 

5 using funds provided under the heading ‘‘Federal Emer6 gency Management Agency, State and Local Programs’’ 

7 in this Act, Public Law 114–4, division F of Public Law 

8 113–76, or division D of Public Law 113–6 may be used 

9 by recipients or sub-recipients for costs, or reimbursement 

10 of costs, related to providing humanitarian relief to unac11 companied alien children and alien adults accompanied by 

12 an alien minor where they are encountered after entering 

13 the United States, provided that such costs were incurred 

14 between January 1, 2014, and December 31, 2014, or 

15 during the award period of performance. 

16 SEC. 555. (a) Notwithstanding any limitation or re17 quirement in section 503 of this Act with respect to the 

18 reprogramming and transfer of funds, amounts made 

19 available by this Act for the Transportation Security Ad20 ministration may be reprogrammed within ‘‘Aviation Se21 curity’’ or transferred from ‘‘Transportation Security Sup22 port’’ for obligations associated with private screening 

23 contract awards made by the Screening Partnership Pro24 gram. 


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1 (b) The Committees on Appropriations of the Senate 

2 and the House of Representatives shall be notified of any 

3 reprogramming or transfer under subsection (a) within 10 

4 days after such action. 

5 SEC. 556. Each major acquisition program of the De6 partment of Homeland Security, as defined in Department 

7 of Homeland Security Management Directive 102–2, shall 

8 meet established acquisition documentation requirements 

9 for its acquisition program baseline established in the De10 partment of Homeland Security Instruction Manual 102– 

11 01–001 and the Department of Homeland Security Acqui12 sition Instruction/Guidebook 102–01–001, Appendix K. 

13 SEC. 557. None of the funds made available by this 

14 Act or any other Act for any fiscal year may be used for 

15 any of the following major acquisition programs, until it 

16 meets the documentation requirements established in the 

17 Department of Homeland Security Instruction Manual 

18 102–01–001 and the Department of Homeland Security 

19 Acquisition Instruction/Guidebook 102–01–001, Appendix 

20 K, for its acquisition program baseline: 

21 (1) U.S. Customs and Border Protection’s 

22 Land Border Integration program. 

23 (2) U.S. Customs and Border Protection’s Non24 Intrusive Inspection Systems program. 


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1 (3) U.S. Customs and Border Protection’s Stra2 tegic Air and Marine Program. 

3 (4) U.S. Customs and Border Protection’s Tac4 tical Communications Modernization program. 

5 (5) Federal Emergency Management Agency’s 

6 Logistics Supply Chain Management System. 

7 (6) Coast Guard’s Medium Range Surveillance 

8 Aircraft program. 

9 SEC. 558. (a) The Secretary of Homeland Security 

10 shall include, in the President’s budget proposal for fiscal 

11 year 2017, submitted pursuant to section 1105(a) of title 

12 31, United States Code, and accompanying justification 

13 materials, an account structure under which the following 

14 categories of appropriation are included under each agen15 cy heading in accounts of the same name: 

16 (1) Operations and Support. 

17 (2) Procurements, Construction, and Improve18 ments. 

19 (3) Research and Development. 

20 (4) Federal Assistance. 

21 (b) The Under Secretary for Management, acting 

22 through the Chief Financial Officer, shall determine, and 

23 provide centralized guidance to each agency on, how to 

24 structure appropriations for purposes of subsection (a). 


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1 (c) In fiscal year 2017, the accounts designed under 

2 subsection (a) shall be created, and the Secretary of 

3 Homeland Security shall structure appropriations of the 

4 Department as provided pursuant to such subsection, in5 cluding any continuing appropriations made available for 

6 such fiscal year before enactment of a regular appropria7 tion Act. 

8 (d) Notwithstanding any other provision of law, the 

9 Secretary of Homeland Security may transfer any appro10 priation made available to the Department of Homeland 

11 Security by previous appropriation Acts to the accounts 

12 created pursuant to subsection (c) to carry out the re13 quirements of such subsection. 

14 (e)(1) Not later than 60 days after the date of enact15 ment of the regular or full-year continuing appropriation 

16 Act or resolution for the Department of Homeland Secu17 rity for fiscal year 2017, the Secretary of Homeland Secu18 rity shall establish the baseline for application of re19 programming and transfer authorities and submit the re20 port specified in paragraph (2) to the Committees on Ap21 propriations of the Senate and the House of Representa22 tives. 

23 (2) The report required in this subsection shall 

24 include— 


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1 (A) a delineation of the amount and ac2 count of each transfer made pursuant to sub3 section (c) or (d); 

4 (B) a table for each appropriation with a 

5 separate column to display the President’s 

6 budget request, adjustments made by Congress, 

7 adjustments due to enacted rescissions, if ap8 propriate, adjustments made pursuant to the 

9 transfer authority in subsection (c) or (d), and 

10 the fiscal year enacted level; 

11 (C) a delineation in the table for each ap12 propriation, adjusted as described in paragraph 

13 (2), both by budget activity and program, 

14 project, and activity as detailed in the Budget 

15 Appendix; and 

16 (D) an identification of items of special 

17 congressional interest. 

18 SEC. 559. (a) None of the funds made available by 

19 this Act may be used to approve, license, facilitate, author20 ize, or otherwise allow the trafficking or import of prop21 erty confiscated by the Cuban Government. 

22 (b) In this section, the terms ‘‘confiscated’’, ‘‘Cuban 

23 Government’’, ‘‘property’’, and ‘‘traffic’’ have the mean24 ings give such terms in paragraphs (4), (5), (12)(A), and 

25 (13), respectively, of section 4 of the Cuban Liberty and 


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1 Democratic Solidarity (LIBERTAD) Act of 1996 (2216 

2 U.S.C. 6023). 

3 SEC. 560. No funds, resources, or fees made available 

4 to the Secretary of Homeland Security, or to any other 

5 official of a Federal agency, by this Act or any other Act 

6 for any fiscal year, including any deposits into the ‘‘Immi7 gration Examinations Fee Account’’ established under 

8 section 286(m) of the Immigration and Nationality Act 

9 (8 U.S.C. 1356(m)), may be obligated to expand the exist10 ing Deferred Action for Childhood Arrivals or newly pro11 posed Deferred Action for Parents of Americans and Law12 ful Permanent Residents as outlined in memoranda signed 

13 November 20, 2014, by the Secretary of the Department 

14 of Homeland Security while the preliminary injunctive 

15 order of the district court for the Southern District of 

16 Texas entered February 16, 2015, in the matter of Texas 

17 v. United States, Civ. No. B-14-254, 2015 WL 648579 

18 (S.D. Tex. Feb. 16, 2015), remains in effect. 

19 SEC. 561. Section 214(g)(9)(A) of the Immigration 

20 and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended 

21 by striking ‘‘2004, 2005, or 2006 shall not again be count22 ed toward such limitation during fiscal year 2007.’’ and 

23 inserting ‘‘2013, 2014, or 2015 shall not again be counted 

24 toward such limitation during fiscal year 2016.’’. 


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1 SEC. 562. None of the funds made available by this 

2 Act may be used to fund the creation or continued use 

3 of metal badges resembling law enforcement badges by 

4 Transportation Security Administration personnel, unless 

5 such person has received Federal law enforcement train6 ing, or is eligible for Federal law enforcement benefits. 

7 SEC. 563. None of the funds appropriated by this Act 

8 for U.S. Immigration and Customs Enforcement shall be 

9 available to pay for an abortion, except where the life of 

10 the mother would be endangered if the fetus were carried 

11 to term, or in the case of rape or incest: Provided, That 

12 should this prohibition be declared unconstitutional by a 

13 court of competent jurisdiction, this section shall be null 

14 and void. 

15 SEC. 564. None of the funds appropriated by this Act 

16 for U.S. Immigration and Customs Enforcement shall be 

17 used to require any person to perform, or facilitate in any 

18 way the performance of, any abortion. 

19 SEC. 565. Nothing in the preceding section shall re20 move the obligation of the Assistant Secretary of Home21 land Security for U.S. Immigration and Customs Enforce22 ment to provide escort services necessary for a female de23 tainee to receive such service outside the detention facility: 

24 Provided, That nothing in this section in any way dimin25 ishes the effect of section 564 intended to address the philVerDate Sep 11 2014 22:21 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H3128.RH H3128

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1 osophical beliefs of individual employees of U.S. Immigra2 tion and Customs Enforcement. 

3 SEC. 566. No funds or fees made available to the Sec4 retary of Homeland Security, or to the head of any other 

5 Federal agency, by this Act or any other Act may be used 

6 to release from custody, other than for removal from the 

7 United States, any alien described in the Priority 1 or Pri8 ority 2 category in the memorandum from the Secretary 

9 of Homeland Security entitled ‘‘Policies for the Apprehen10 sion, Detention and Removal of Undocumented Immi11 grants’’ dated November 20, 2014. 

12 SEC. 567. (a) In this section, the term ‘‘sanctuary 

13 city’’ means a State or a political subdivision of a State 

14 that has in place a statute, policy, or practice that pro15 hibits law enforcement officers of the State, or of the polit16 ical subdivision, from assisting or cooperating with Fed17 eral immigration law enforcement in the course of carrying 

18 out the officers’ routine law enforcement duties. 

19 (b)(1) A sanctuary city shall not be eligible to receive, 

20 for a minimum period of at lease 1 year, any Department 

21 of Homeland Security grant funded under the heading 

22 ‘‘Federal Emergency Management Agency, State and 

23 Local Programs’’. 

24 (2) A jurisdiction that is found to be a sanctuary city 

25 shall only become eligible to receive funds or grants under 


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1 paragraph (b)(1) after the Secretary of Homeland Secu2 rity certifies that the jurisdiction is no longer a sanctuary 

3 city. 

4 (c)(1) Not later than March 1 of each year, the Sec5 retary of Homeland Security shall determine which States 

6 or political subdivisions of a State are sanctuary cities and 

7 shall report to Congress such determinations. 

8 (2) The Secretary of Homeland Security shall issue 

9 a report concerning the compliance of any particular State 

10 or political subdivision of a State at the request of the 

11 Committee on Appropriations of the Senate, the Com12 mittee on Appropriations of the House of Representatives, 

13 the Committee on the Judiciary of the Senate, or the Com14 mittee on the Judiciary of the House of Representatives. 

15 (d) Any funds that are not allocated to a sanctuary 

16 city, due to the jurisdiction’s designation as a sanctuary 

17 city, shall be reallocated to the States and political subdivi18 sions of States that are not sanctuary cities. 

19 (e) Nothing in this section may be construed to re20 quire law enforcement officials from a State or political 

21 subdivision of a State to report or arrest victims or wit22 nesses of a criminal offense. 

23 (f) This section shall take effect on the date of enact24 ment of this Act. 


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1 (RESCISSIONS)

2 SEC. 568. Of the funds appropriated to the Depart3 ment of Homeland Security, the following funds are here4 by rescinded from the following accounts and programs 

5 in the specified amounts: Provided, That no amounts may 

6 be rescinded from amounts that were designated by the 

7 Congress as an emergency requirement pursuant to a con8 current resolution on the budget or the Balanced Budget 

9 and Emergency Deficit Control Act of 1985 (Public Law 

10 99–177): 

11 (1) $27,338,000 from Public Law 109–88; 

12 (2) $66,600,000 from ‘‘U.S. Custom and Bor13 der Protection, Border Security Fencing, Infrastruc14 ture, and Technology’’ account 70x0553; 

15 (3) $31,950,000 from Public Law 114–4 under 

16 the heading ‘‘U.S. Custom and Border Protection, 

17 Border Security Fencing, Infrastructure, and Tech18 nology’’; 

19 (4) $30,000,000 from Public Law 114–4 under 

20 the heading ‘‘Transportation Security Administra21 tion, Aviation Security’’; 

22 (5) $22,000,000 from Public Law 114–4 under 

23 the heading ‘‘Transportation Security Administra24 tion, Surface Transportation Security’’; 


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1 (6) $8,000,000 from Public Law 114–4 under 

2 the heading ‘‘Transportation Security Administra3 tion, Intelligence and Vetting’’; 

4 (7) $26,000,000 from Public Law 114–4 under 

5 the heading ‘‘Transportation Security Administra6 tion, Transportation Security Support’’; 

7 (8) $4,741,699 from Public Law 113–6 under 

8 the heading ‘‘Coast Guard, Acquisition, Construc9 tion, and Improvements’’; 

10 (9) $12,542,022 from Public Law 113–76 

11 under the heading ‘‘Coast Guard, Acquisition, Con12 struction, and Improvements’’; 

13 (10) $2,305,000 from Public Law 114–4 under 

14 the heading ‘‘Coast Guard, Acquisition, Construc15 tion, and Improvements’’; 

16 (11) $9,100,000 from Public Law 114–4 under 

17 the heading ‘‘United States Secret Service, Acquisi18 tion, Construction, Improvements, and Related Ex19 penses’’; 

20 (12) $393,178 from Public Law 113–6 under 

21 the heading ‘‘Science and Technology, Research, De22 velopment, Acquisition, and Operations’’; 

23 (13) $8,500,000 from Public Law 113–76 

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1 search, Development, Acquisition, and Operations’’; 

2 and 

3 (14) $1,106,822 from Public Law 114–4 under 

4 the heading ‘‘Science and Technology, Research, De5 velopment, Acquisition, and Operations’’. 

6 (RESCISSION)

7 SEC. 569. From the unobligated balances made avail8 able in the Department of the Treasury Forfeiture Fund 

9 established by section 9703 of title 31, United States Code 

10 (added by section 638 of Public Law 102–393), 

11 $176,000,000 shall be rescinded. 

12 (RESCISSION)

13 SEC. 570. Of the unobligated balances made available 

14 to ‘‘Federal Emergency Management Agency, Disaster 

15 Relief Fund’’, $1,265,864,000 shall be rescinded: Pro16 vided, That no amounts may be rescinded from amounts 

17 that were designated by the Congress as an emergency re18 quirement pursuant to a concurrent resolution on the 

19 budget or the Balanced Budget and Emergency Deficit 

20 Control Act of 1985, as amended: Provided further, That 

21 no amounts may be rescinded from the amounts that were 

22 designated by the Congress as being for disaster relief pur23 suant to section 251(b)(2)(D) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


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1 SPENDING REDUCTION ACCOUNT

2 SEC. 571. The amount by which the applicable alloca3 tion of new budget authority made by the Committee on 

4 Appropriations of the House of Representatives under sec5 tion 302(b) of the Congressional Budget Act of 1974 ex6 ceeds the amount of proposed new budget authority is $0. 

7 This Act may be cited as the ‘‘Department of Home8 land Security Appropriations Act, 2016’’. 


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Union Calendar No. 162 

114TH CONGRESS 

1ST SESSION H. R. 3128 

[Report No. 114–215] 

A BILL 

Making appropriations for the Department of 

September 30, 2016, and for other purposes. Homeland Security for the fiscal year ending 

JULY 21, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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