IB 

Union Calendar No. 518 

114TH CONGRESS 

2D SESSION H. R. 5634 

[Report No. 114–668] 

Making appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2017, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 6, 2016 

Mr. CARTER of Texas, from the Committee on Appropriations, reported the 

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

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2017, 

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, 2017, and for other purposes, namely: 

7 TITLE I 

8 DEPARTMENTAL MANAGEMENT, OPERATIONS, 

9 INTELLIGENCE, AND OVERSIGHT 

10 DEPARTMENTAL MANAGEMENT AND OPERATIONS

11 OPERATIONS AND SUPPORT

12 For necessary expenses for Departmental Manage13 ment and Operations for operations and support, as au14 thorized by law, $822,992,000, of which $186,361,000 

15 shall remain available until September 30, 2018: Provided, 

16 That of the total made available under this heading, not 

17 more than $32,000 shall be for official reception and rep18 resentation expenses. 

19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

20 For necessary expenses for Departmental Manage21 ment and Operations for procurement, construction, and 

22 improvements, as authorized by law, $18,839,000, to re23 main available until September 30, 2019. 


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1 RESEARCH AND DEVELOPMENT

2 For necessary expenses for Departmental Manage3 ment and Operations for research and development, and 

4 Department-wide technology investments, $2,500,000, to 

5 remain available until September 30, 2018. 

6 ANALYSIS AND OPERATIONS

7 OPERATIONS AND SUPPORT

8 For necessary expenses for intelligence analysis and 

9 operations coordination activities, as authorized by title II 

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

11 seq.), $265,719,000, of which $110,091,000 shall remain 

12 available until September 30, 2018: Provided, That not 

13 to exceed $3,825 shall be for official reception and rep14 resentation expenses. 

15 OFFICE OF INSPECTOR GENERAL

16 OPERATIONS AND SUPPORT

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

19 General Act of 1978 (5 U.S.C. App.), $157,144,000, of 

20 which not to exceed $300,000 may be used for certain con21 fidential operational expenses, including the payment of 

22 informants, to be expended at the direction of the Inspec23 tor General. 


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1 ADMINISTRATIVE PROVISIONS

2 SEC. 101. Not later than 30 days after the last day 

3 of each month, the Chief Financial Officer of the Depart4 ment of Homeland Security shall submit to the Commit5 tees on Appropriations of the House of Representatives 

6 and the Senate a monthly budget and staffing report that 

7 includes total obligations of the Department for that 

8 month and for the fiscal year at the appropriation and 

9 program, project, and activity levels, by the source year 

10 of the appropriation: Provided, That total obligations for 

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

12 and funded full-time equivalent staffing levels, respec13 tively: Provided further, That the report shall specify the 

14 number of, and total obligations for, contract employees 

15 for each office of the Department. 

16 SEC. 102. (a) The Secretary of Homeland Security 

17 shall submit a report not later than October 15, 2017, 

18 to the Inspector General of the Department of Homeland 

19 Security listing all grants and contracts awarded by any 

20 means other than full and open competition during fiscal 

21 year 2017. 

22 (b) The Inspector General shall review the report re23 quired by subsection (a) to assess Departmental compli24 ance with applicable laws and regulations and report the 

25 results of that review to the Committees on Appropriations 


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1 of the House of Representatives and the Senate not later 

2 than February 15, 2018. 

3 SEC. 103. 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 shall be specified in terms 

7 of cost, schedule, and performance. 

8 SEC. 104. The Secretary of Homeland Security, in 

9 consultation with the Secretary of the Treasury, shall no10 tify the Committees on Appropriations of the House of 

11 Representatives and the Senate of any proposed transfers 

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

13 United States Code (as added by Public Law 102–393) 

14 from the Department of the Treasury Forfeiture Fund to 

15 any agency within the Department of Homeland Security: 

16 Provided, That none of the funds identified for such a 

17 transfer may be obligated until the Committees on Appro18 priations of the House of Representatives and the Senate 

19 are notified of the proposed transfers. 

20 SEC. 105. The Under Secretary for Management 

21 shall include in the President’s budget proposal for fiscal 

22 year 2018, submitted pursuant to section 1105(a) of title 

23 31, United States Code, a Comprehensive Acquisition Sta24 tus Report, which shall include the information required 

25 under the heading ‘‘Office of the Under Secretary for 


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1 Management’’ under title I of division D of the Consoli2 dated Appropriations Act, 2012 (Public Law 112–74), and 

3 shall submit quarterly updates to such report not later 

4 than 45 days after the completion of each quarter. 

5 TITLE II 

6 SECURITY, ENFORCEMENT, AND 

7 INVESTIGATIONS 

8 U.S. CUSTOMS AND BORDER PROTECTION

9 OPERATIONS AND SUPPORT

10 For necessary expenses for U.S. Customs and Border 

11 Protection for enforcement of laws relating to border secu12 rity, immigration, customs, agricultural inspections, and 

13 regulatory activities related to plant and animal imports; 

14 the provision of air and marine support to Federal, State, 

15 and local agencies in the enforcement or administration 

16 of laws enforced by the Department of Homeland Secu17 rity; other law enforcement and emergency humanitarian 

18 efforts, at the discretion of the Secretary of Homeland Se19 curity; transportation of unaccompanied minor aliens; pur20 chase and lease of up to 7,500 (6,500 for replacement 

21 only) police-type vehicles; the maintenance or operation of 

22 aircraft and unmanned aircraft systems; and contracting 

23 with individuals for personal services abroad; 

24 $10,945,357,000, of which $3,274,000 shall be derived 

25 from the Harbor Maintenance Trust Fund for administraVerDate Sep 11 2014 22:21 Jul 06, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5634.RH H5634

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1 tive expenses related to the collection of the Harbor Main2 tenance Fee pursuant to section 9505(c)(3) of the Internal 

3 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not4 withstanding section 1511(e)(1) of the Homeland Security 

5 Act of 2002 (6 U.S.C. 551(e)(1)); of which 

6 $1,362,683,000 shall be available until September 30, 

7 2018; of which not to exceed $34,425 shall be for official 

8 reception and representation expenses; of which such sums 

9 as become available in the Customs User Fee Account, ex10 cept sums subject to section 13031(f)(3) of the Consoli11 dated Omnibus Budget Reconciliation Act of 1985 (19 

12 U.S.C. 58c(f)(3)), shall be derived from that account; of 

13 which not to exceed $150,000 shall be available for pay14 ment for rental space in connection with preclearance op15 erations; and of which not to exceed $1,000,000 shall be 

16 for awards of compensation to informants, to be accounted 

17 for solely under the certificate of the Secretary of Home18 land Security. 

19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

20 For necessary expenses for U.S. Customs and Border 

21 Protection for procurement, construction, and improve22 ments, including procurements to buy, maintain, or oper23 ate aircraft and unmanned aircraft systems, 

24 $260,883,000, of which $104,392,000 shall remain avail25 able until September 30, 2019, and of which 


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1 $156,491,000 shall remain available until September 30, 

2 2021. 

3 UNITED STATES IMMIGRATION AND CUSTOMS

4 ENFORCEMENT

5 OPERATIONS AND SUPPORT

6 For necessary expenses for United States Immigra7 tion and Customs Enforcement for enforcement of immi8 gration and customs laws, detention and removals, inves9 tigations, including intellectual property rights and over10 seas vetted units operations, and transportation of unac11 companied minor aliens; and purchase and lease of up to 

12 3,790 (2,350 for replacement only) police-type vehicles; 

13 $5,871,580,000; of which not to exceed $11,475 shall be 

14 for official reception and representation expenses: Pro15 vided, That of the total amount provided, not to exceed 

16 $10,000,000 shall be available until expended for con17 ducting special operations under section 3131 of the Cus18 toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro19 vided further, That of the total amount provided, not to 

20 exceed $2,000,000 shall be for awards of compensation to 

21 informants, to be accounted for solely under the certificate 

22 of the Secretary of Homeland Security: Provided further, 

23 That funding made available under this heading shall 

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

25 through September 30, 2017: Provided further, That of 


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1 the total amount provided, $6,000,000 shall remain avail2 able until expended for activities to enforce laws against 

3 forced child labor: Provided further, That of the total 

4 amount provided, $13,700,000 shall remain available until 

5 September 30, 2018, for the Visa Security Program and 

6 investigations abroad: Provided further, That of the total 

7 amount provided, not to exceed $11,216,000 shall be 

8 available to fund or reimburse other Federal agencies for 

9 the costs associated with the care, maintenance, and repa10 triation of smuggled aliens unlawfully present in the 

11 United States: Provided further, That of the total amount 

12 provided, not less than $5,400,000 shall be used to facili13 tate agreements consistent with section 287(g) of the Im14 migration and Nationality Act (8 U.S.C. 1357(g)). 

15 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

16 For necessary expenses for United States Immigra17 tion and Customs Enforcement for procurement, construc18 tion, and improvements, as authorized by law, 

19 $32,800,000, to remain available until September 30, 

20 2019. 

21 TRANSPORTATION SECURITY ADMINISTRATION

22 OPERATIONS AND SUPPORT

23 For necessary expenses of the Transportation Secu24 rity Administration related to providing civil aviation secu25 rity services, surface transportation security, the developVerDate Sep 11 2014 22:21 Jul 06, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5634.RH H5634

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1 ment and implementation of intelligence and vetting ac2 tivities, and transportation security support, pursuant to 

3 the Aviation and Transportation Security Act (Public Law 

4 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 

5 $6,936,776,000, to remain available until September 30, 

6 2018, of which not to exceed $7,650 shall be for official 

7 reception and representation expenses: Provided, That se8 curity service fees authorized under section 44940 of title 

9 49, United States Code, shall be credited to this appro10 priation as offsetting collections and shall be available only 

11 for aviation security: Provided further, That the sum ap12 propriated under this heading from the general fund shall 

13 be reduced on a dollar-for-dollar basis as such offsetting 

14 collections are received during fiscal year 2017 so as to 

15 result in a final fiscal year appropriation from the general 

16 fund estimated at not more than $4,806,776,000. 

17 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

18 For necessary expenses of the Transportation Secu19 rity Administration for procurement, construction, and 

20 improvements pursuant to the Aviation and Transpor21 tation Security Act (Public Law 107–71; 115 Stat. 597; 

22 49 U.S.C. 40101 note), $206,093,000, to remain available 

23 until September 30, 2019. 


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1 RESEARCH AND DEVELOPMENT

2 For necessary expenses of the Transportation Secu3 rity Administration for research and development pursu4 ant to the Aviation and Transportation Security Act (Pub5 lic Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 

6 $5,000,000, to remain available until September 30, 2018. 

7 COAST GUARD

8 OPERATING EXPENSES

9 For necessary expenses for the operations and main10 tenance of the Coast Guard, not otherwise provided for; 

11 purchase or lease of not to exceed 25 passenger motor ve12 hicles, which shall be for replacement only; purchase or 

13 lease of small boats for contingent and emergent require14 ments (at a unit cost of no more than $700,000) and re15 pairs and service-life replacements, not to exceed a total 

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

17 overseas deployments and activities; purchase or lease of 

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

19 $250,000); minor shore construction projects not exceed20 ing $1,000,000 in total cost on any location; payments 

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

22 402 note; 96 Stat. 1920); and recreation and welfare; 

23 $6,977,815,000; of which $340,000,000 shall be for de24 fense-related activities; of which $24,500,000 shall be de25 rived from the Oil Spill Liability Trust Fund to carry out 


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

2 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex3 ceed $23,000 shall be for official reception and representa4 tion expenses. 

5 ENVIRONMENTAL COMPLIANCE AND RESTORATION

6 For necessary expenses to carry out the environ7 mental compliance and restoration functions of the Coast 

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

9 $13,315,000, to remain available until September 30, 

10 2021. 

11 RESERVE TRAINING

12 For necessary expenses of the Coast Guard Reserve, 

13 as authorized by law; operations and maintenance of the 

14 Coast Guard reserve program; personnel and training 

15 costs; and equipment and services; $112,302,000. 

16 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

17 For necessary expenses of acquisition, construction, 

18 renovation, and improvement of aids to navigation, shore 

19 facilities (including facilities at Department of Defense in20 stallations used by the Coast Guard), vessels, and aircraft, 

21 including equipment related thereto; and maintenance, re22 habilitation, lease, and operation of facilities and equip23 ment; as authorized by law; $1,257,155,000; of which 

24 $20,000,000 shall be derived from the Oil Spill Liability 

25 Trust Fund to carry out the purposes of section 


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1 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

2 2712(a)(5)); of which $1,008,533,000 shall be available 

3 until September 30, 2021; and of which $157,000,000, 

4 shall remain available until September 30, 2018, for Na5 tional Security Cutter post-delivery activities. 

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

7 For necessary expenses as authorized by law for ap8 plied scientific research, development, test, and evaluation; 

9 and for maintenance, rehabilitation, lease, and operation 

10 of facilities and equipment; $18,319,000, to remain avail11 able until September 30, 2019, of which $500,000 shall 

12 be derived from the Oil Spill Liability Trust Fund to carry 

13 out the purposes of section 1012(a)(5) of the Oil Pollution 

14 Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there 

15 may be credited to and used for the purposes of this ap16 propriation funds received from State and local govern17 ments, other public authorities, private sources, and for18 eign countries for expenses incurred for research, develop19 ment, testing, and evaluation. 

20 RETIRED PAY

21 For retired pay, including the payment of obligations 

22 otherwise chargeable to lapsed appropriations for this pur23 pose, payments under the Retired Serviceman’s Family 

24 Protection and Survivor Benefits Plans, payment for ca25 reer status bonuses, concurrent receipts, and combat-reVerDate Sep 11 2014 22:21 Jul 06, 2016 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5634.RH H5634

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1 lated special compensation as authorized by law, and pay2 ments for medical care of retired personnel and their de3 pendents under chapter 55 of title 10, United States Code, 

4 $1,666,940,000, to remain available until expended. 

5 UNITED STATES SECRET SERVICE

6 OPERATIONS AND SUPPORT

7 For necessary expenses of the United State Secret 

8 Service, including purchase of not to exceed 652 vehicles 

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

10 motor vehicles; purchase of motorcycles made in the 

11 United States; hire of aircraft; rental of buildings in the 

12 District of Columbia, and fencing, lighting, guard booths, 

13 and other facilities on private or other property not in 

14 Government ownership or control, as may be necessary to 

15 perform protective functions; conduct of and participation 

16 in firearms matches; presentation of awards; travel of 

17 United States Secret Service employees on protective mis18 sions without regard to the limitations on such expendi19 tures in this or any other Act if notification is made in 

20 advance to the Committees on Appropriations of the 

21 House of Representatives and the Senate; grants to con22 duct behavioral research in support of protective intel23 ligence and operations; payment in advance for commer24 cial accommodations as may be necessary to perform pro25 tective functions; payment, without regard to section 5702 


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1 of title 5, United States Code, of subsistence expenses of 

2 employees who are on protective missions, whether at or 

3 away from their duty stations; $1,839,722,000; of which 

4 not to exceed $19,125 shall be for official reception and 

5 representation expenses; of which not to exceed $100,000 

6 shall be to provide technical assistance and equipment to 

7 foreign law enforcement organizations in counterfeit inves8 tigations; of which $2,366,000 shall be for forensic and 

9 related support of investigations of missing and exploited 

10 children; of which $6,000,000 shall be for a grant for ac11 tivities related to investigations of missing and exploited 

12 children; of which not less than $12,000,000 shall be for 

13 activities related to training in electronic crimes investiga14 tions and forensics; and of which $36,966,000 shall re15 main available until September 30, 2018. 

16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

17 For necessary expenses of the United States Secret 

18 Service for procurement, construction, and improvements, 

19 $90,127,000, to remain available until September 30, 

20 2019. 

21 RESEARCH AND DEVELOPMENT

22 For necessary expenses of the United States Secret 

23 Service for research and development, $2,500,000, to re24 main available until September 30, 2018. 


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1 ADMINISTRATIVE PROVISIONS

2 SEC. 201. For fiscal year 2017, the overtime limita3 tion prescribed in section 5(c)(1) of the Act of February 

4 13, 1911 (19 U.S.C. 267(c)(1)) shall be $45,000; and not5 withstanding any other provision of law, none of the funds 

6 appropriated by this Act shall be available to compensate 

7 any employee of U.S. Customs and Border Protection, 

8 United States Immigration and Customs Enforcement, or 

9 the United States Secret Service for overtime, from what10 ever source, in an amount that exceeds such limitation, 

11 except in individual cases determined by the Secretary of 

12 Homeland Security, or the designee of the Secretary, to 

13 be necessary for national security purposes, to prevent ex14 cessive costs, or in cases of immigration emergencies. 

15 SEC. 202. The Border Patrol shall maintain an active 

16 duty presence of not less than 21,370 full-time equivalent 

17 agents protecting the borders of the United States in the 

18 fiscal year. 

19 SEC. 203. Funding made available under the heading 

20 ‘‘U.S. Customs and Border Protection — Operations and 

21 Support’’ shall be available for air and marine related cus22 toms expenses when necessary to maintain or temporarily 

23 increase operations in Puerto Rico. 

24 SEC. 204. No aircraft or other related equipment, 

25 with the exception of aircraft that are one of a kind and 


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1 have been identified as excess to U.S. Customs and Border 

2 Protection requirements and aircraft that have been dam3 aged beyond repair, shall be transferred to any other Fed4 eral agency, department, or office outside of the Depart5 ment of Homeland Security during fiscal year 2017 with6 out prior notice to the Committees on Appropriations of 

7 the House of Representatives and the Senate. 

8 SEC. 205. Section 559(e)(3) of division F of Public 

9 Law 113–76 (6 U.S.C. 211 note) is amended by striking 

10 subparagraph (D). 

11 SEC. 206. The Secretary of Homeland Security shall 

12 prioritize the identification and removal of aliens convicted 

13 of a crime by the severity of that crime. 

14 SEC. 207. Nothing in this Act shall prevent United 

15 States Immigration and Customs Enforcement from exer16 cising the authorities provided under immigration laws (as 

17 defined in section 101(a)(17) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(17))) during priority oper19 ations pertaining to aliens convicted of a crime. 

20 SEC. 208. Without regard to the limitation as to time 

21 and condition of section 503(d) of this Act, the Secretary 

22 may reprogram and transfer funds within and into 

23 ‘‘United States Immigration and Customs Enforcement — 

24 Operations and Support’’ as necessary to ensure the de25 tention of aliens prioritized for removal. 


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1 SEC. 209. None of the funds made available in this 

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

3 Public Advocate, or a successor position, within United 

4 States Immigration and Customs Enforcement. 

5 SEC. 210. None of the funds provided under the 

6 heading ‘‘United States Immigration and Customs En7 forcement — Operations and Support’’ may be used to 

8 continue a delegation of law enforcement authority author9 ized under section 287(g) of the Immigration and Nation10 ality Act (8 U.S.C. 1357(g)) if the Department of Home11 land Security Inspector General determines that the terms 

12 of the agreement governing the delegation of authority 

13 have been materially violated. 

14 SEC. 211. None of the funds provided under the 

15 heading ‘‘United States Immigration and Customs En16 forcement — Operations and Support’’ may be used to 

17 continue any contract for the provision of detention serv18 ices if the two most recent overall performance evaluations 

19 received by the contracted facility are less than ‘‘ade20 quate’’ or the equivalent median score in any subsequent 

21 performance evaluation system. 

22 SEC. 212. Of the funds provided under the heading 

23 ‘‘Transportation Security Administration — Procurement, 

24 Construction, and Improvements’’, $49,199,000 shall not 

25 be available for obligation unless the Under Secretary for 


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1 Management of the Department of Homeland Security 

2 certifies to the Committees on Appropriations of the 

3 House of Representatives and the Senate at least 15 days 

4 in advance of any obligation of such funds that the funds 

5 will be expended for transportation security equipment 

6 that has an approved acquisition program baseline. 

7 SEC. 213. Members of the United States House of 

8 Representatives and the United States Senate, including 

9 the leadership; the heads of Federal agencies and commis10 sions, including the Secretary, Deputy Secretary, Under 

11 Secretaries, and Assistant Secretaries of the Department 

12 of Homeland Security; the United States Attorney Gen13 eral, Deputy Attorney General, Assistant Attorneys Gen14 eral, and the United States Attorneys; and senior mem15 bers of the Executive Office of the President, including 

16 the Director of the Office of Management and Budget, 

17 shall not be exempt from Federal passenger and baggage 

18 screening. 

19 SEC. 214. (a) None of the funds made available in 

20 this Act may be used for any recruiting or hiring of per21 sonnel into the Transportation Security Administration 

22 that would cause the agency to exceed a staffing level of 

23 45,000 full-time equivalent screeners. 

24 (b) Subsection (a) shall not apply to personnel hired 

25 as part-time employees. 


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1 SEC. 215. Any award by the Transportation Security 

2 Administration to deploy explosives detection systems 

3 shall be based on risk, the airport’s current reliance on 

4 other screening solutions, lobby congestion resulting in in5 creased security concerns, high injury rates, airport readi6 ness, and increased cost effectiveness. 

7 SEC. 216. Notwithstanding section 44923 of title 49, 

8 United States Code, for fiscal year 2017, any funds in 

9 the Aviation Security Capital Fund established by section 

10 44923(h) of title 49, United States Code, may be used 

11 for the procurement and installation of explosives detec12 tion systems or for the issuance of other transaction agree13 ments for the purpose of funding projects described in sec14 tion 44923(a) of such title. 

15 SEC. 217. The reporting requirement in the ninth 

16 proviso under the heading ‘‘Transportation Security Ad17 ministration — Aviation Security’’ in the Department of 

18 Homeland Security Appropriations Act, 2016 (Public Law 

19 114-113), shall apply in fiscal year 2017, except that the 

20 reference to ‘‘this Act’’ shall be treated as referring to this 

21 Act. 

22 SEC. 218. None of the funds made available by this 

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

24 the Transportation Security Administration to implement, 

25 administer, or enforce, in abrogation of the responsibility 


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

2 Code, any requirement that airport operators provide air3 port-financed staffing to monitor exit points from the ster4 ile area of any airport at which the Transportation Secu5 rity Administration provided such monitoring as of De6 cember 1, 2013. 

7 SEC. 219. None of the funds made available by this 

8 Act under the heading ‘‘Coast Guard — Operating Ex9 penses’’ shall be for expenses incurred for recreational ves10 sels under section 12114 of title 46, United States Code, 

11 except to the extent fees are collected from owners of 

12 yachts and credited to the appropriation made available 

13 by this Act under the heading ‘‘Coast Guard — Operating 

14 Expenses’’: Provided, To the extent such fees are insuffi15 cient to pay expenses of recreational vessel documentation 

16 under such section 12114, and there is a backlog of rec17 reational vessel applications, then personnel performing 

18 non-recreational vessel documentation functions under 

19 subchapter II of chapter 121 of title 46, United States 

20 Code, may perform documentation under section 12114. 

21 SEC. 220. Of the funds provided under the heading 

22 ‘‘Coast Guard — Operating Expenses’’, $85,000,000 shall 

23 be withheld from obligation for Coast Guard Headquarters 

24 Directorates until a future-years capital investment plan 

25 for fiscal years 2018 through 2022 is submitted to the 


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1 Committees on Appropriations of the House of Represent2 atives and the Senate. 

3 SEC. 221. Without regard to the limitation as to time 

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

5 30, up to $10,000,000 may be reprogrammed to or from 

6 the Military Pay and Allowances funding category within 

7 ‘‘Coast Guard — Operating Expenses’’ in accordance with 

8 subsection (a) of section 503. 

9 SEC. 222. Any funds appropriated to ‘‘Coast Guard 

10 — Acquisition, Construction, and Improvements’’ for fis11 cal years 2002, 2003, 2004, 2005, and 2006 for the 110– 

12 123 foot patrol boat conversion that are recovered, col13 lected, or otherwise received as the result of negotiation, 

14 mediation, or litigation, shall be available until expended 

15 for the Fast Response Cutter program. 

16 SEC. 223. The United States Secret Service is au17 thorized to obligate funds in anticipation of reimburse18 ments from Federal agencies and entities, as defined in 

19 section 105 of title 5, United States Code, for personnel 

20 receiving training sponsored by the James J. Rowley 

21 Training Center, except that total obligations at the end 

22 of the fiscal year shall not exceed total budgetary re23 sources available under the heading ‘‘United States Secret 

24 Service — Operations and Support’’ at the end of the fis25 cal year. 


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1 SEC. 224. None of the funds made available to the 

2 United States Secret Service by this Act or by previous 

3 appropriations Acts may be made available for the protec4 tion of the head of a Federal agency other than the Sec5 retary of Homeland Security: Provided, That the Director 

6 of the Secret Service may enter into agreements to provide 

7 such protection on a fully reimbursable basis. 

8 SEC. 225. None of the funds made available to the 

9 United States Secret Service by this Act or by previous 

10 appropriations Acts may be obligated for the purpose of 

11 opening a new permanent domestic or overseas office or 

12 location unless the Committees on Appropriations of the 

13 House of Representatives and the Senate are notified 15 

14 days in advance of such obligation. 

15 SEC. 226. For purposes of section 503(a)(3) of this 

16 Act, up to $15,000,000 may be reprogrammed within 

17 ‘‘United States Secret Service — Operations and Sup18 port’’. 

19 TITLE III 

20 PROTECTION, PREPAREDNESS, RESPONSE, AND 

21 RECOVERY 

22 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

23 OPERATIONS AND SUPPORT

24 For necessary expenses for the National Protection 

25 and Programs Directorate, as authorized by title II of the 


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1 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

2 $1,356,289,000, of which $12,993,000 shall remain avail3 able until September 30, 2018: Provided, That not to ex4 ceed $3,825 shall be for official reception and representa5 tion expenses. 

6 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

7 For necessary expenses for the National Protection 

8 and Programs Directorate for procurement, construction, 

9 and improvements, as authorized by title II of the Home10 land Security Act of 2002 (6 U.S.C. 121 et seq.), 

11 $393,304,000, to remain available until September 30, 

12 2019. 

13 RESEARCH AND DEVELOPMENT

14 For necessary expenses for the National Protection 

15 and Programs Directorate for research and development, 

16 as authorized by the Homeland Security Act of 2002 (6 

17 U.S.C. 121 et seq.), $6,469,000, to remain available until 

18 September 30, 2018. 

19 FEDERAL PROTECTIVE SERVICE

20 The revenues and collections of security fees credited 

21 to this account shall be available until expended for nec22 essary expenses related to the protection of federally 

23 owned and leased buildings and for the operations of the 

24 Federal Protective Service. 


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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 OPERATIONS AND SUPPORT

3 For necessary expenses of the Federal Emergency 

4 Management Agency, as authorized by law, $936,291,000: 

5 Provided, That not to exceed $2,250 shall be for official 

6 reception and representation expenses. 

7 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

8 For necessary expenses of the Federal Emergency 

9 Management Agency for procurement, construction, and 

10 improvements, $35,273,000, to remain available until Sep11 tember 30, 2019. 

12 FEDERAL ASSISTANCE

13 (INCLUDING TRANSFER OF FUNDS)

14 For activities of the Federal Emergency Management 

15 Agency for the provision of Federal assistance, 

16 $10,442,987,000, as follows: 

17 (1) For necessary expenses in carrying out the Robert 

18 T. Stafford Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5121 et seq.), $7,348,515,000, to remain avail20 able until expended, of which $24,000,000 shall be trans21 ferred to the Department of Homeland Security Office of 

22 Inspector General for audits and investigations related to 

23 disasters: Provided, That of this amount, $6,709,000,000 

24 shall be for major disasters declared pursuant to the Rob25 ert T. Stafford Disaster Relief and Emergency Assistance 


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1 Act (42 U.S.C. 5121 et seq.): Provided further, That the 

2 amount in the preceding proviso is designated by the Con3 gress as being for disaster relief pursuant to section 

4 251(b)(2)(D) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 (2) For necessary expenses for management and ad7 ministration, $110,956,000, of which $14,274,000 shall 

8 be for mitigation activities, including activities authorized 

9 by the Earthquake Hazards Reduction Act of 1977 (42 

10 U.S.C. 7701 et seq.) and the National Dam Safety Pro11 gram Act (33 U.S.C. 467 et seq.); and of which 

12 $96,682,000 shall be for preparedness and protection ac13 tivities, including activities authorized by the Homeland 

14 Security Act of 2002 (6 U.S.C. 101 et seq.), the Post15 Katrina Emergency Management Reform Act of 2006 

16 (Public Law 109–295; 120 Stat. 1394), and Title VI of 

17 the Robert T. Stafford Disaster Relief and Emergency As18 sistance Act (42 U.S.C. 5133). 

19 (3) For the predisaster mitigation grant program 

20 under section 203 of the Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act (42 U.S.C. 5133), 

22 $54,485,000, to remain available until expended. 

23 (4) For necessary expenses, including administrative 

24 costs, under section 1360 of the National Flood Insurance 

25 Act of 1968 (42 U.S.C. 4101), under sections 100215, 


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1 100216, 100226, 100230, and 100246 of the Biggert2 Waters Flood Insurance Reform Act of 2012, (Public Law 

3 112–141, 126 Stat. 916), and under section 17 of the 

4 Homeowner Flood Insurance Affordability Act of 2014 

5 (Public Law 113–89, 128 Stat. 1020), $177,531,000, and 

6 such additional sums as may be provided by State and 

7 local governments or other political subdivisions for cost8 shared mapping activities under section 1360(f)(2) of such 

9 Act (42 U.S.C. 4101(f)(2)), to remain available until ex10 pended. 

11 (5) For activities under the National Flood Insurance 

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

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

14 Biggert-Waters Flood Insurance Reform Act of 2012 

15 (Public Law 112–141, 126 Stat. 916), and the Home16 owner Flood Insurance Affordability Act of 2014 (Public 

17 Law 113–89; 128 Stat. 1020), $181,799,000, to remain 

18 available until September 30, 2018, which shall be derived 

19 from offsetting amounts collected under section 1308(d) 

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

21 4015(d)); of which $13,436,000 shall be available for sala22 ries and expenses associated with flood management and 

23 $168,363,000 shall be available for flood plain manage24 ment and flood mapping: Provided, That any additional 

25 fees collected pursuant to section 1308(d) of the National 


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1 Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall 

2 be credited as offsetting collections to this account, to be 

3 available for flood plain management and flood mapping: 

4 Provided further, That total administrative costs shall not 

5 exceed 4 percent of the appropriation under this para6 graph. 

7 (6) For grants, contracts, cooperative agreements, 

8 and other activities, $2,589,000,000, which shall be allo9 cated as follows: 

10 (A) $467,000,000 shall be for the State Home11 land Security Grant Program under section 2004 of 

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

13 of which $55,000,000 shall be for Operation 

14 Stonegarden: Provided, That notwithstanding sub15 section (c)(4) of such section 2004, for fiscal year 

16 2017, the Commonwealth of Puerto Rico shall make 

17 available to local and tribal governments amounts 

18 provided to the Commonwealth of Puerto Rico under 

19 this paragraph in accordance with subsection (c)(1) 

20 of such section 2004. 

21 (B) $600,000,000 shall be for the Urban Area 

22 Security Initiative under section 2003 of the Home23 land Security Act of 2002 (6 U.S.C. 604), of which 

24 $20,000,000 shall be for organizations (as described 

25 under section 501(c)(3) of the Internal Revenue 


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1 Code of 1986 and exempt from tax under section 

2 501(a) of such code) determined by the Secretary of 

3 Homeland Security to be at high risk of a terrorist 

4 attack. 

5 (C) $100,000,000 shall be for Public Transpor6 tation Security Assistance and Railroad Security As7 sistance under sections 1406 and 1513 of the Imple8 menting Recommendations of the 9/11 Commission 

9 Act of 2007 (6 U.S.C. 1135 and 1163), of which 

10 $10,000,000 shall be for Amtrak security: Provided, 

11 That such public transportation security assistance 

12 shall be provided directly to public transportation 

13 agencies. 

14 (D) $100,000,000 shall be for Port Security 

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

16 (E) $49,000,000, to remain available until Sep17 tember 30, 2018, shall be for emergent threats from 

18 violent extremism and from complex, coordinated 

19 terrorist attacks. 

20 (F) $690,000,000, to remain available until 

21 September 30, 2018, shall be for necessary expenses 

22 for programs authorized by the Federal Fire Preven23 tion and Control Act of 1974 (15 U.S.C. 2201 et 

24 seq.), of which $345,000,000 shall be available to 

25 carry out section 33 of that Act (15 U.S.C. 2229), 


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1 and $345,000,000 shall be available to carry out 

2 section 34 of that Act (15 U.S.C. 2229a). 

3 (G) $350,000,000 shall be for necessary ex4 penses for emergency management performance 

5 grants, as authorized by the Robert T. Stafford Dis6 aster Relief and Emergency Assistance Act (42 

7 U.S.C. 5121 et seq.), the Earthquake Hazards Re8 duction Act of 1977 (42 U.S.C. 7701 et seq.), 6 

9 U.S.C. 762, and Reorganization Plan No. 3 of 1978 

10 (5 U.S.C. App.). 

11 (H) $233,000,000 shall be for training, exer12 cises, technical assistance, and other programs. 

13 (7) For necessary expenses of the United States Fire 

14 Administration and for other purposes, as authorized by 

15 the Federal Fire Prevention and Control Act of 1974 (15 

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

17 2002 (6 U.S.C. 101 et seq.), $42,500,000. 

18 (8) To carry out the emergency food and shelter pro19 gram pursuant to title III of the McKinney-Vento Home20 less Assistance Act (42 U.S.C. 11331 et seq.), 

21 $120,000,000, to remain available until expended: Pro22 vided, That total administrative costs shall not exceed 3.5 

23 percent of the total amount made available by this sub24 section. 


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1 ADMINISTRATIVE PROVISIONS

2 SEC. 301. None of the funds under the heading ‘‘Na3 tional Protection and Programs Directorate — Procure4 ment, Construction, and Improvements’’ for biometric 

5 identity management shall be obligated until the Secretary 

6 submits a report to the Committees on Appropriation of 

7 the House of Representatives and the Senate on plans 

8 to— 

9 (1) Implement a facial recognition matching capa10 bility for IDENT holdings, including the ability to search, 

11 store, and match, that is independent of other biometric 

12 modalities but scalable for future needs; 

13 (2) Accelerate the development of multi-modal bio14 metric capability (HART Increment 2) to ensure that full 

15 multi-modal capability is available for stakeholders by the 

16 end of fiscal year 2018; 

17 (3) Establish a new, equitable governance structure 

18 in fiscal year 2017 that ensures stakeholder mission re19 quirements are prioritized for implementation, to in20 clude— 

21 (A) a project plan and capability execution 

22 schedule for each stakeholder mission; 

23 (B) stakeholder management of all requests for 

24 services; 


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1 (C) a weighted on-boarding process for new re2 quirements and priorities; and 

3 (D) an executive stakeholder review process; 

4 and 

5 (4) Demonstrate new agile projects focused on the 

6 ability to fuse biographic intelligence information with bio7 metric data. 

8 SEC. 302. Under the heading ‘‘Federal Emergency 

9 Management Agency — Federal Assistance’’, for para10 graphs (6)(A) through (6)(D), notwithstanding section 

11 2008(a)(11) of the Homeland Security Act of 2002 (6 

12 U.S.C. 609(a)(11)) or any other provision of law, a recipi13 ent or subrecipient of a grant may use not more than 5 

14 percent of the amount of the grant or subgrant made 

15 available to them under this heading for expenses directly 

16 related to administration of the grant. 

17 SEC. 303. Applications for grants under the heading 

18 ‘‘Federal Emergency Management Agency — Federal As19 sistance’’ shall be made available to eligible applicants not 

20 later than 60 days after the date of enactment of this Act, 

21 eligible applicants shall submit applications not later than 

22 80 days after the grant announcement, and the Adminis23 trator of the Federal Emergency Management Agency 

24 shall act within 65 days after the receipt of an application. 


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1 SEC. 304. Under the heading ‘‘Federal Emergency 

2 Management Agency — Federal Assistance’’, for grants 

3 under paragraphs (6)(A) and (6)(B), the installation of 

4 communications towers is not considered construction of 

5 a building or other physical facility. 

6 SEC. 305. Under the heading ‘‘Federal Emergency 

7 Management Agency — Federal Assistance’’, for grants 

8 under paragraphs (6)(A) through (6)(G), grantees shall 

9 provide reports on their use of funds, as determined nec10 essary by the Secretary of Homeland Security. 

11 SEC. 306. Notwithstanding section 509 of this Act, 

12 the Administrator of the Federal Emergency Management 

13 Agency may use the funds provided under the heading 

14 ‘‘Federal Emergency Management Agency — Federal As15 sistance’’ in paragraph (6)(G) to acquire real property for 

16 the purpose of establishing or appropriately extending the 

17 security buffer zones around Federal Emergency Manage18 ment Agency training facilities. 

19 SEC. 307. The reporting requirements in paragraphs 

20 (1) and (2) under the heading ‘‘Federal Emergency Man21 agement Agency — Disaster Relief Fund’’ in the Depart22 ment of Homeland Security Appropriations Act, 2015 

23 (Public Law 114–4) shall be applied in fiscal year 2017 

24 with respect to budget year 2018 and current fiscal year 


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1 2017, respectively, by substituting ‘‘fiscal year 2018’’ for 

2 ‘‘fiscal year 2017’’ in paragraph (1). 

3 SEC. 308. In fiscal year 2017, no funds shall be avail4 able from the National Flood Insurance Fund under sec5 tion 1310 of the National Flood Insurance Act of 1968 

6 (42 U.S.C. 4017) in excess of: 

7 (1) $147,042,000 for operating expenses and 

8 salaries and expenses associated with flood insurance 

9 operations; 

10 (2) $1,123,000,000 for commissions and taxes 

11 of agents; 

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

13 Treasury borrowings; and 

14 (4) $175,061,000, to remain available until ex15 pended, for flood mitigation actions and for flood 

16 mitigation assistance under section 1366 of the Na17 tional Flood Insurance Act of 1968 (42 U.S.C. 

18 4104c), notwithstanding sections 1366(e) and 

19 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 

20 Provided, That the amounts collected under section 102 

21 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 

22 4012a) and section 1366(e) of the National Flood Insur23 ance Act of 1968 shall be deposited in the National Flood 

24 Insurance Fund to supplement other amounts specified as 

25 available for section 1366 of the National Flood Insurance 


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1 Act of 1968, notwithstanding section 102(f)(8), section 

2 1366(e), and paragraphs (1) through (3) of section 

3 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 

4 4104d(b)(1)–(3)): Provided further, That up to 

5 $5,000,000 is available to carry out section 24 of the 

6 Homeowner Flood Insurance Affordability Act of 2014 

7 (42 U.S.C. 4033). 

8 SEC. 309. Under the heading ‘‘Federal Emergency 

9 Management Agency — Federal Assistance’’, for grants 

10 under paragraphs (6)(A) through (6)(G), the Adminis11 trator of the Federal Emergency Management Agency 

12 shall brief the Committees on Appropriations of the House 

13 of Representatives and the Senate 5 full business days in 

14 advance of announcing publicly the intention of making 

15 an award. 

16 SEC. 310. 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. 311. Notwithstanding any other provision of 

21 law, grants awarded to States along the Southwest Border 

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

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

24 using funds provided under the heading ‘‘Federal Emer25 gency Management Agency — Federal Assistance’’ for 


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1 grants under paragraph (6)(A) in this Act, or under the 

2 heading ‘‘Federal Emergency Management Agency — 

3 State and Local Programs’’ in Public Law 114–4, division 

4 F of Public Law 113–76, or division D of Public Law 

5 113–6 may be used by recipients or sub-recipients for 

6 costs, or reimbursement of costs, related to providing hu7 manitarian relief to unaccompanied alien children and 

8 alien adults accompanied by an alien minor where they 

9 are encountered after entering the United States, provided 

10 that such costs were incurred between January 1, 2014, 

11 and December 31, 2014, or during the award period of 

12 performance. 

13 TITLE IV 

14 RESEARCH, DEVELOPMENT, TRAINING, AND 

15 SERVICES 

16 CITIZENSHIP AND IMMIGRATION SERVICES

17 OPERATIONS AND SUPPORT

18 For necessary expenses for operations and support of 

19 the E-Verify Program, as described in section 403(a) of 

20 the Illegal Immigration Reform and Immigrant Responsi21 bility Act of 1996 (8 U.S.C. 1324a note), to assist United 

22 States employers with maintaining a legal workforce, 

23 $103,912,000. 


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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of the E-Verify Program for 

3 procurement of and improvements to physical and techno4 logical infrastructure to assist United States employers 

5 with maintaining a legal workforce, $15,227,000. 

6 FEDERAL LAW ENFORCEMENT TRAINING CENTER

7 OPERATIONS AND SUPPORT

8 For necessary expenses of the Federal Law Enforce9 ment Training Center, including materials and support 

10 costs of Federal law enforcement basic training; the pur11 chase of not to exceed 117 vehicles for police-type use and 

12 hire of passenger motor vehicles; expenses for student ath13 letic and related activities; the conduct of and participa14 tion in firearms matches and presentation of awards; pub15 lic awareness and enhancement of community support of 

16 law enforcement training; room and board for student in17 terns; a flat monthly reimbursement to employees author18 ized to use personal mobile phones for official duties; and 

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

20 States Code; $242,518,000; of which up to $50,748,000 

21 shall remain available until September 30, 2018, for mate22 rials and support costs of Federal law enforcement basic 

23 training; of which $27,553,000 shall remain available until 

24 September 30, 2019; and of which not to exceed $7,180 

25 shall be for official reception and representation expenses. 


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1 SCIENCE AND TECHNOLOGY

2 OPERATIONS AND SUPPORT

3 For necessary expenses for operations and support 

4 for science and technology research and development, ac5 quisition, and laboratory operations as authorized by title 

6 III of the Homeland Security Act of 2002 (6 U.S.C. 181 

7 et seq.), and the purchase or lease of not to exceed 5 vehi8 cles, $278,733,000; of which $189,690,000 shall remain 

9 available until September 30, 2019; and of which not to 

10 exceed $7,650 shall be for official reception and represen11 tation expenses. 

12 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

13 For necessary expenses for science and technology 

14 test and evaluation, acquisition, and construction of lab15 oratory facilities as authorized by title III of the Home16 land Security Act of 2002 (6 U.S.C. 181 et seq.), 

17 $10,141,000, to remain available until September 30, 

18 2019. 

19 RESEARCH AND DEVELOPMENT

20 For necessary expenses for science and technology re21 search and development, including advanced research 

22 projects as authorized by title III of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 181 et seq.), $478,508,000, 

24 to remain available until September 30, 2018. 


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1 CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND

2 EXPLOSIVES OFFICE

3 OPERATIONS AND SUPPORT

4 For necessary expenses of the Chemical, Biological, 

5 Radiological, Nuclear, and Explosives Office, 

6 $182,533,000; of which $20,552,000, to remain available 

7 until September 30, 2019, shall be for programs and oper8 ations in support of the detection, forensics, and preven9 tion of radiological and nuclear threats; of which 

10 $120,420,000, to remain available until September 30, 

11 2018, shall be for programs and operations in support of 

12 the surveillance, detection, and response to chemical, bio13 logical, and emerging infectious disease threats; and of 

14 which not to exceed $2,250 shall be for official reception 

15 and representation expenses. 

16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

17 For necessary expenses of the Chemical, Biological, 

18 Radiological, Nuclear, and Explosives Office for procure19 ment, construction, and improvements, $103,860,000, to 

20 remain available until September 30, 2019. 

21 RESEARCH AND DEVELOPMENT

22 For necessary expenses of the Chemical, Biological, 

23 Radiological, Nuclear, and Explosives Office for research 

24 and development, $151,605,000, to remain available until 

25 September 30, 2018. 


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1 FEDERAL ASSISTANCE

2 For necessary expenses of the Chemical, Biological, 

3 Radiological, Nuclear, and Explosives Office, 

4 $65,947,000; of which $51,684,000, to remain available 

5 until September 30, 2019, shall be for programs and oper6 ations in support of the detection, forensics, and preven7 tion of radiological and nuclear threats; and of which 

8 $14,263,000 shall be for programs and operations to pre9 vent, protect against, respond to, and mitigate bombing 

10 incidents. 

11 ADMINISTRATIVE PROVISIONS

12 SEC. 401. Notwithstanding any other provision of 

13 law, funds otherwise made available to United States Citi14 zenship and Immigration Services may be used to acquire, 

15 operate, equip, and dispose of up to 5 vehicles, for replace16 ment only, for areas where the Administrator of General 

17 Services does not provide vehicles for lease: Provided, That 

18 the Director of United States Citizenship and Immigration 

19 Services may authorize employees who are assigned to 

20 those areas to use such vehicles to travel between the em21 ployees’ residences and places of employment. 

22 SEC. 402. None of the funds made available in this 

23 Act may be used by United States Citizenship and Immi24 gration Services to grant an immigration benefit unless 

25 the results of background checks required by law to be 


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1 completed prior to the granting of the benefit have been 

2 received by United States Citizenship and Immigration 

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

4 the benefit. 

5 SEC. 403. No funds, resources, or fees made available 

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

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

8 for any fiscal year, including any deposits into the ‘‘Immi9 gration Examinations Fee Account’’ established under 

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

11 (8 U.S.C. 1356(m)), may be obligated to expand the exist12 ing Deferred Action for Childhood Arrivals or newly pro13 posed Deferred Action for Parents of Americans and Law14 ful Permanent Residents as outlined in memoranda signed 

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

16 of Homeland Security while the preliminary injunctive 

17 order of the district court for the Southern District of 

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

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

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

21 SEC. 404. None of the funds appropriated by this Act 

22 may be used to process or approve a competition under 

23 Office of Management and Budget Circular A–76 for serv24 ices provided by employees (including employees serving 

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1 ship and Immigration Services of the Department of 

2 Homeland Security who are known as Immigration Infor3 mation Officers, Immigration Service Analysts, Contact 

4 Representatives, Investigative Assistants, or Immigration 

5 Services Officers. 

6 SEC. 405. (a) Notwithstanding section 1356(n) of 

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

8 the Immigration Examinations Fee Account, up to 

9 $10,000,000 may be allocated by United States Citizen10 ship and Immigration Services in fiscal year 2017 for the 

11 purpose of providing an immigrant integration grants pro12 gram. 

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

14 States Citizenship and Immigration Services for grants for 

15 immigrant integration under subsection (a) or (c) may be 

16 used to provide services to aliens who have not been law17 fully admitted for permanent residence. 

18 (c) The Director of United States Citizenship and 

19 Immigration Services is authorized in fiscal year 2017, 

20 and in each fiscal year thereafter, to solicit, accept, admin21 ister and utilize gifts, including donations of property, for 

22 the purpose of providing an immigrant integration grants 

23 program and related activities to promote citizenship and 

24 immigrant integration: Provided, That all sums received 

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1 count in the general fund of the Treasury to be known 

2 as the ‘‘Citizenship Gift and Bequest Account’’: Provided 

3 further, That all funds deposited into the Citizenship Gift 

4 and Bequest Account shall remain available until ex5 pended, and shall be available in addition to any funds 

6 appropriated or otherwise made available for an immi7 grant integration grants program or other activities to 

8 promote citizenship and immigrant integration. 

9 (d) Nothing in this section shall be construed to limit 

10 the authority of the Secretary of Homeland Security under 

11 section 507 of the Department of Homeland Security Ap12 propriations Act, 2004 (Public Law 108–90) or any other 

13 law with respect to the solicitation and acceptance of gifts. 

14 SEC. 406. The Federal Law Enforcement Training 

15 Center is authorized to distribute funds to Federal law 

16 enforcement agencies for expenses incurred participating 

17 in training accreditation. 

18 SEC. 407. The Federal Law Enforcement Training 

19 Center is authorized to obligate funds in anticipation of 

20 reimbursements from agencies receiving training spon21 sored by the Center, except that total obligations at the 

22 end of the fiscal year shall not exceed total budgetary re23 sources available at the end of the fiscal year. 

24 SEC. 408. The Federal Law Enforcement Training 

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1 ments to ‘‘Federal Law Enforcement Training Center — 

2 Operations and Support’’ from agencies receiving training 

3 sponsored by the Federal Law Enforcement Training Cen4 ter for ongoing maintenance, minor facility improvements, 

5 and related expenses as necessary of the Federal Law En6 forcement Training Center. 

7 SEC. 409. Section 1202(a) of Public Law 107–206 

8 (42 U.S.C. 3771 note), as amended under the heading 

9 ‘‘Federal Law Enforcement Training Center — Salaries 

10 and Expenses’’ in title IV of Public Law 114–4, is further 

11 amended by striking ‘‘December 31, 2018’’ and inserting 

12 ‘‘December 31, 2019’’. 

13 SEC. 410. The Director of the Federal Law Enforce14 ment Training Center shall schedule basic or advanced law 

15 enforcement training, or both, at all four training facilities 

16 under the control of the Federal Law Enforcement Train17 ing Center to ensure that such training facilities are oper18 ated at the highest capacity throughout the fiscal year. 

19 SEC. 411. The Federal Law Enforcement Training 

20 Accreditation Board, including representatives from the 

21 Federal law enforcement community and non-Federal ac22 creditation experts involved in law enforcement training, 

23 shall lead the Federal law enforcement training accredita24 tion process to continue the implementation of measuring 


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1 and assessing the quality and effectiveness of Federal law 

2 enforcement training programs, facilities, and instructors. 

3 SEC. 412. (a) There is to be established a ‘‘Federal 

4 Law Enforcement Training Center — Procurement, Con5 struction, and Improvements’’ appropriations account for 

6 planning, operational development, engineering, and pur7 chases prior to sustainment and for information tech8 nology-related procurement, construction, and improve9 ments, including non-tangible assets of the Federal Law 

10 Enforcement Training Center. 

11 (b) The Federal Law Enforcement Training Center 

12 may accept transfers and reimbursements to the account 

13 established by subsection (a) from Government agencies 

14 requesting the construction of special use facilities, as au15 thorized by the Economy Act (31 U.S.C. 1535(b)). 

16 SEC. 413. The functions of the Federal Law Enforce17 ment Training Center instructor staff shall be classified 

18 as inherently governmental for the purpose of the Federal 

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

20 note). 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

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

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

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

8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 

10 to appropriation accounts for such activities established 

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

12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 

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

16 provided by previous appropriations Acts to the compo17 nents in or transferred to the Department of Homeland 

18 Security that remain available for obligation or expendi19 ture in fiscal year 2017, or provided from any accounts 

20 in the Treasury of the United States derived by the collec21 tion of fees available to the components funded by this 

22 Act, shall be available for obligation or expenditure 

23 through a reprogramming of funds that— 

24 (1) creates or eliminates a program, project, or 

25 activity, or increases funds for any program, project, 


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1 or activity for which funds have been denied or re2 stricted by the Congress; 

3 (2) contracts out any function or activity pres4 ently performed by Federal employees or any new 

5 function or activity proposed to be performed by 

6 Federal employees in the President’s budget pro7 posal for fiscal year 2017 for the Department of 

8 Homeland Security; 

9 (3) augments funding for existing programs, 

10 projects, or activities in excess of $5,000,000; 

11 (4) reduces funding for any program, project, 

12 or activity, or numbers of personnel, by 10 percent 

13 or more; 

14 (5) reorganizes offices; or 

15 (6) results from any general savings from a re16 duction in personnel that would result in a change 

17 in existing programs, projects, or activities as ap18 proved by the Congress, unless the Committees on 

19 Appropriations of the House of Representatives and 

20 the Senate are notified 15 days in advance of such 

21 reprogramming of funds. 

22 (b) Not to exceed 5 percent or $25,000,000, which23 ever is less, of any appropriation made available for the 

24 current fiscal year for the Department of Homeland Secu25 rity by this Act or provided by previous appropriations 


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1 Acts may be transferred between such appropriations un2 less the Secretary of Homeland Security determines such 

3 transfer is necessary in the national interest. 

4 (c) Any transfer under this section shall be treated 

5 as a reprogramming of funds under subsection (a) and 

6 shall not be available for obligation unless the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate are notified 30 days in advance of such transfer. 

9 (d) Notwithstanding subsections (a), (b), and (c), no 

10 funds shall be reprogrammed within or transferred be11 tween appropriations based upon an initial notification 

12 provided after June 30, except in extraordinary cir13 cumstances that imminently threaten the safety of human 

14 life or the protection of property. 

15 (e) The notification thresholds and procedures set 

16 forth in subsections (a), (b), (c), and (d) shall apply to 

17 any use of deobligated balances of funds provided in pre18 vious Department of Homeland Security Appropriations 

19 Acts. 

20 (f) The Secretary of Homeland Security may transfer 

21 to the fund established by 8 U.S.C. 1101 note, up to 

22 $20,000,000 from appropriations available to the Depart23 ment of Homeland Security: Provided, That the Secretary 

24 shall notify the Committees on Appropriations of the 


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1 House of Representatives and the Senate 5 days in ad2 vance of such transfer. 

3 SEC. 504. The Department of Homeland Security 

4 Working Capital Fund, established pursuant to section 

5 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

6 continue operations as a permanent working capital fund 

7 for fiscal year 2017: Provided, That none of the funds ap8 propriated or otherwise made available to the Department 

9 of Homeland Security may be used to make payments to 

10 the Working Capital Fund, except for the activities and 

11 amounts allowed in the President’s fiscal year 2017 budg12 et: Provided further, That funds provided to the Working 

13 Capital Fund shall be available for obligation until ex14 pended to carry out the purposes of the Working Capital 

15 Fund: Provided further, That all Departmental compo16 nents shall be charged only for direct usage of each Work17 ing Capital Fund service: Provided further, That funds 

18 provided to the Working Capital Fund shall be used only 

19 for purposes consistent with the contributing component: 

20 Provided further, That the Working Capital Fund shall be 

21 paid in advance or reimbursed at rates which will return 

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

23 Committees on Appropriations of the House of Represent24 atives and the Senate shall be notified of any activity 

25 added to or removed from the fund: Provided further, That 


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1 for any activity added to the fund, the notification shall 

2 identify sources of funds by program, project, and activity: 

3 Provided further, That the Chief Financial Officer of the 

4 Department of Homeland Security shall submit a quar5 terly execution report with activity level detail, not later 

6 than 30 days after the end of each quarter. 

7 SEC. 505. Except as otherwise specifically provided 

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

9 remaining available at the end of fiscal year 2017, as re10 corded in the financial records at the time of a reprogram11 ming request, but not later than June 30, 2018, from ap12 propriations for ‘‘Operations and Support’’ and for ‘‘Coast 

13 Guard — Operating Expenses’’ for fiscal year 2017 in this 

14 Act shall remain available through September 30, 2018, 

15 in the account and for the purposes for which the appro16 priations were provided: Provided, That prior to the obli17 gation of such funds, a notification shall be submitted to 

18 the Committees on Appropriations of the House of Rep19 resentatives and the Senate in accordance with section 503 

20 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 2017 until the enactment of an Act authorizing intel2 ligence activities for fiscal year 2017. 

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), in18 cluding a contract covered by the Federal Acquisi19 tion 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 House of 

23 Representatives and the Senate at least 3 full business 

24 days in advance of making an award or issuing a letter 

25 as described 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 House of Rep6 resentatives and the Senate 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 SEC. 508. Notwithstanding any other provision of 

16 law, no agency shall purchase, construct, or lease any ad17 ditional facilities, except within or contiguous to existing 

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

19 law enforcement training without advance notification to 

20 the Committees on Appropriations of the House of Rep21 resentatives and the Senate, except that the Federal Law 

22 Enforcement Training Center is authorized to obtain the 

23 temporary use of additional facilities by lease, contract, 

24 or other agreement for training that cannot be accommo25 dated in existing Center facilities. 


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1 SEC. 509. None of the funds appropriated or other2 wise made available by this Act may be used for expenses 

3 for any construction, repair, alteration, or acquisition 

4 project for which a prospectus otherwise required under 

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

6 approved, except that necessary funds may be expended 

7 for each project for required expenses for the development 

8 of a proposed prospectus. 

9 SEC. 510. Sections 520, 522, and 530 of the Depart10 ment of Homeland Security Appropriations Act, 2008 (di11 vision E of Public Law 110–161; 121 Stat. 2073 and 

12 2074) shall apply with respect to funds made available in 

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

14 funds made available in that Act. 

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

16 Act may be used in contravention of the applicable provi17 sions of the Buy American Act: Provided, That for pur18 poses of the preceding sentence, the term ‘‘Buy American 

19 Act’’ means chapter 83 of title 41, United States Code. 

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

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

22 by section 337 of the Immigration and Nationality Act 

23 (8 U.S.C. 1448). 

24 SEC. 513. Section 519 of division F of Public Law 

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1 tion designated as a Principal Federal Official, shall apply 

2 with respect to funds made available in this Act in the 

3 same manner as such section applied to funds made avail4 able in that Act. 

5 SEC. 514. Section 831 of the Homeland Security Act 

6 of 2002 (6 U.S.C. 391) is amended— 

7 (1) in subsection (a), by striking ‘‘Until Sep8 tember 30, 2016,’’ and inserting ‘‘Until September 

9 30, 2017,’’; and 

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

11 30, 2016,’’ and inserting ‘‘September 30, 2017,’’. 

12 SEC. 515. Notwithstanding any other provision of 

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

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

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

16 the transportation of crude oil distributed from and to the 

17 Strategic Petroleum Reserve until the Secretary of Home18 land Security, after consultation with the Secretaries of 

19 the Departments of Energy and Transportation and rep20 resentatives from the United States flag maritime indus21 try, takes adequate measures to ensure the use of United 

22 States flag vessels: Provided, That the Secretary shall no23 tify the Committees on Appropriations of the House of 

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1 tives, and the Committee on Commerce, Science, and 

2 Transportation of the Senate within 2 business days of 

3 any request for waivers of navigation and vessel-inspection 

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

5 SEC. 516. None of the funds made available in this 

6 Act for U.S. Customs and Border Protection may be used 

7 to prevent an individual not in the business of importing 

8 a prescription drug (within the meaning of section 801(g) 

9 of the Federal Food, Drug, and Cosmetic Act) from im10 porting a prescription drug from Canada that complies 

11 with the Federal Food, Drug, and Cosmetic Act: Provided, 

12 That this section shall apply only to individuals trans13 porting on their person a personal-use quantity of the pre14 scription drug, not to exceed a 90-day supply: Provided 

15 further, That the prescription drug may not be— 

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

17 102 of the Controlled Substances Act (21 U.S.C. 

18 802); or 

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

20 351 of the Public Health Service Act (42 U.S.C. 

21 262). 

22 SEC. 517. None of the funds made available in this 

23 Act may be used for planning, testing, piloting, or devel24 oping a national identification card. 


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1 SEC. 518. Any official that is required by this Act 

2 to report or to certify to the Committees on Appropria3 tions of the House of Representatives and the Senate may 

4 not delegate such authority to perform that act unless spe5 cifically authorized herein. 

6 SEC. 519. None of the funds appropriated or other7 wise made available in this or any other Act may be used 

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

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

10 Khalid Sheikh Mohammed or any other detainee who— 

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

12 of the Armed Forces of the United States; and 

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

14 at the United States Naval Station, Guantanamo 

15 Bay, Cuba, by the Department of Defense. 

16 SEC. 520. None of the funds made available in this 

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

18 of agencies funded by this Act in contravention of sections 

19 301–10.122 through 301–10.124 of title 41, Code of Fed20 eral Regulations. 

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

22 Act may be used to employ workers described in section 

23 274A(h)(3) of the Immigration and Nationality Act (8 

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


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1 SEC. 522. Notwithstanding any other provision of 

2 this Act, none of the funds appropriated or otherwise 

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

4 incentive fees for contractor performance that has been 

5 judged to be below satisfactory performance or perform6 ance that does not meet the basic requirements of a con7 tract. 

8 SEC. 523. In developing any process to screen avia9 tion passengers and crews for transportation or national 

10 security purposes, the Secretary of Homeland Security 

11 shall ensure that all such processes take into consideration 

12 such passengers’ and crews’ privacy and civil liberties con13 sistent with applicable laws, regulations, and guidance. 

14 SEC. 524. 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. 525. (a) For an additional amount for financial 

24 systems modernization, $41,215,000, to remain available 

25 until September 30, 2018. 


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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 House of Representatives and the Senate are notified 

8 of such transfer. 

9 SEC. 526. The Secretary of Homeland Security shall 

10 ensure enforcement of immigration laws (as defined in sec11 tion 101(a)(17) of the Immigration and Nationality Act 

12 (8 U.S.C. 1101(a)(17))). 

13 SEC. 527. (a) None of the funds made available in 

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

15 network unless such network blocks the viewing, 

16 downloading, and exchanging of pornography. 

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

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

19 enforcement agency or any other entity carrying out crimi20 nal investigations, prosecution, or adjudication activities. 

21 SEC. 528. None of the funds made available in this 

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

23 facilitate the transfer of an operable firearm to an indi24 vidual if the Federal law enforcement officer knows or sus25 pects that the individual is an agent of a drug cartel unless 


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1 law enforcement personnel of the United States continu2 ously monitor or control the firearm at all times. 

3 SEC. 529. None of the funds made available in this 

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

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

6 Department of Homeland Security, who are stationed in 

7 the United States, at a single international conference un8 less the Secretary of Homeland Security, or a designee, 

9 determines that such attendance is in the national interest 

10 and notifies the Committees on Appropriations of the 

11 House of Representatives and the Senate within at least 

12 10 days of that determination and the basis for that deter13 mination: Provided, That for purposes of this section the 

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

15 occurring outside of the United States attended by rep16 resentatives of the United States Government and of for17 eign governments, international organizations, or non18 governmental organizations: Provided further, That the 

19 total cost to the Department of Homeland Security of any 

20 such conference shall not exceed $500,000. 

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

22 Act may be used to reimburse any Federal department 

23 or agency for its participation in a National Special Secu24 rity Event. 


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1 SEC. 531. As authorized by section 601(b) of the 

2 United States-Colombia Trade Promotion Agreement Im3 plementation Act (Public Law 112–42), not to exceed 

4 $220,000,000 in fees collected from passengers arriving 

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

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

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

8 available until expended. 

9 SEC. 532. None of the funds made available to the 

10 Department of Homeland Security by this or any other 

11 Act may be obligated for any structural pay reform that 

12 affects more than 100 full-time equivalent employee posi13 tions or costs more than $5,000,000 in a single year be14 fore the end of the 30-day period beginning on the date 

15 on which the Secretary of Homeland Security submits to 

16 Congress a notification that includes— 

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

18 positions affected by such change; 

19 (2) funding required for such change for the 

20 current year and through the Future Years Home21 land Security Program; 

22 (3) justification for such change; and 

23 (4) an analysis of compensation alternatives to 

24 such change that were considered by the Depart25 ment. 


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1 SEC. 533. (a) Any agency receiving funds made avail2 able in this Act shall, subject to subsections (b) and (c), 

3 post on the public website of that agency any report re4 quired to be submitted by the Committees on Appropria5 tions of the House of Representatives and the Senate in 

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

7 that it shall serve the national interest. 

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

9 (1) the public posting of the report com10 promises homeland or national security; or 

11 (2) the report contains proprietary information. 

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

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

14 the Committees for no less than 45 days except as other15 wise specified in law. 

16 SEC. 534. (a) Beginning on the date of enactment 

17 of this Act, the Secretary of Homeland Security shall 

18 not— 

19 (1) establish, collect, or otherwise impose any 

20 new border crossing fee on individuals crossing the 

21 Southern border or the Northern border at a land 

22 port of entry; or 

23 (2) conduct any study relating to the imposition 

24 of a border crossing fee. 


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1 (b) In this section, the term ‘‘border crossing fee’’ 

2 means a fee that every pedestrian, cyclist, and driver and 

3 passenger of a private motor vehicle is required to pay 

4 for the privilege of crossing the Southern border or the 

5 Northern border at a land port of entry. 

6 SEC. 535. (a) The Secretary of Homeland Security 

7 may include in the President’s budget proposal for fiscal 

8 year 2018, submitted pursuant to section 1105(a) of title 

9 31, United States Code, and accompanying justification 

10 materials, an account structure under which each appro11 priation under each agency heading either remains the 

12 same as fiscal year 2017 or falls within the following cat13 egories of appropriations: 

14 (1) Operations and Support. 

15 (2) Procurements, Construction, and Improve16 ments. 

17 (3) Research and Development. 

18 (4) Federal Assistance. 

19 (b) The Under Secretary for Management, acting 

20 through the Chief Financial Officer, shall determine and 

21 provide centralized guidance to each agency on how to 

22 structure appropriations for purposes of subsection (a). 

23 (c) Not earlier than October 1, 2017, the accounts 

24 designated under subsection (a) may be established, and 

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1 priations of the Department as provided pursuant to such 

2 subsection, including any continuing appropriations made 

3 available for fiscal year 2018 before enactment of a reg4 ular appropriations Act. 

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

6 Secretary of Homeland Security may transfer any appro7 priation made available to the Department of Homeland 

8 Security by any appropriations Acts to the accounts cre9 ated pursuant to subsection (c) to carry out the require10 ments of such subsection, and shall notify the Committees 

11 on Appropriations of the House of Representatives and the 

12 Senate at least 5 days prior to each transfer. 

13 SEC. 536. None of the funds made available by this 

14 Act may be obligated or expended to implement the Arms 

15 Trade Treaty until the Senate approves a resolution of 

16 ratification for the Treaty. 

17 SEC. 537. For an additional amount for ‘‘U.S. Cus18 toms and Border Protection — Operations and Support’’, 

19 $31,000,000, to remain available until expended, to be re20 duced by amounts collected and credited to this appropria21 tion from amounts authorized to be collected by section 

22 286(i) of the Immigration and Nationality Act (8 U.S.C. 

23 1356(i)), section 10412 of the Farm Security and Rural 

24 Investment Act of 2002 (7 U.S.C. 8311), and section 817 

25 of the Trade Facilitation and Trade Enforcement Act of 


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1 2015, or other such authorizing language: Provided, That 

2 to the extent that amounts realized from such collections 

3 exceed $31,000,000, those amounts in excess of 

4 $31,000,000 shall be credited to this appropriation, to re5 main available until expended. 

6 SEC. 538. Funds appropriated by this Act for the De7 partment of Homeland Security may be obligated in the 

8 account and the budget structure established pursuant to 

9 section 563 of division F of the Consolidated Appropria10 tions Act, 2016 (Public Law 114–113). 

11 SEC. 539. All official costs associated with the use 

12 of Government aircraft by Department of Homeland Secu13 rity personnel to support official travel of the Secretary 

14 and the Deputy Secretary shall be paid from amounts 

15 made available for the Immediate Office of the Secretary 

16 and the Immediate Office of the Deputy Secretary. 

17 SEC. 540. (a) None of the funds made available by 

18 this Act may be used to approve, license, facilitate, author19 ize, or otherwise allow the trafficking or import of prop20 erty confiscated by the Cuban Government. 

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

22 Government’’, ‘‘property’’, and ‘‘traffic’’ have the mean23 ings given such terms in paragraphs (4), (5), (12)(A), and 

24 (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. 541. (a) For funds provided in this Act for each 

4 ‘‘Operations and Support’’ appropriation and for ‘‘Coast 

5 Guard — Operating Expenses’’, 20 percent shall be with6 held from obligation until the fiscal year 2018 budget jus7 tification materials for the Department of Homeland Se8 curity are provided to the Committees on Appropriations 

9 of the House of Representatives and the Senate in accord10 ance with the requirements on page 17 of House Report 

11 114–215, which were incorporated by reference into Public 

12 Law 114–113 in the explanatory statement accompanying 

13 that Act. 

14 (b) Subsection (a) shall not apply to the Office of In15 spector General. 

16 SEC. 542. (a) Funding provided in this Act for ‘‘Op17 erations and Support’’ may be used for minor procure18 ment, construction, and improvements. 

19 (b) For purposes of subsection (a), ‘‘minor procure20 ment, construction, and improvements’’ is defined as per21 sonal property with a unit cost of $250,000 or less or real 

22 property with a unit cost of $2,000,000 or less. 

23 SEC. 543. The aggregate charges assessed during fis24 cal year 2017, as authorized in title III of the Depart25 ments of Veterans Affairs and Housing and Urban DevelVerDate Sep 11 2014 22:21 Jul 06, 2016 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5634.RH H5634

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1 opment, and Independent Agencies Appropriations Act, 

2 1999 (42 U.S.C. 5196e), shall not be less than 100 per3 cent of the amounts anticipated by the Department of 

4 Homeland Security to be necessary for its Radiological 

5 Emergency Preparedness Program for the next fiscal year: 

6 Provided, That the methodology for assessment and collec7 tion of fees shall be fair and equitable and shall reflect 

8 costs of providing such services, including administrative 

9 costs of collecting such fees: Provided further, That such 

10 fees shall be deposited in a Radiological Emergency Pre11 paredness Program account as offsetting collections and 

12 will become available for authorized purposes on October 

13 1, 2017, and remain available until expended. 

14 SEC. 544. Section 118 of the Treasury and General 

15 Government Appropriations Act, 2001 (as enacted into 

16 law by section 1(3) of Public Law 106–554; 114 Stat. 

17 2763A–134) is amended, in the first sentence, by striking 

18 ‘‘for the year would’’ and inserting ‘‘for calendar years 

19 2016, would exceed the rate of basic pay payable for level 

20 III of the Executive Schedule, and for any other year, 

21 would’’. 

22 SEC. 545. Not later than 90 days after the date of 

23 the enactment of this Act, the Secretary of Homeland Se24 curity shall submit the report on ICE detention costs de25 scribed in the report accompanying this Act. 


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1 SEC. 546. The Secretary of Homeland Security shall 

2 submit to the Committees on Appropriations of the House 

3 of Representatives and the Senate, the Committee on 

4 Homeland Security of the House of Representatives, and 

5 the Committee on Homeland Security and Governmental 

6 Affairs of the Senate, at the time the President’s budget 

7 proposal for fiscal year 2018 is submitted pursuant to sec8 tion 1105(a) of title 31, United States Code, a classified 

9 report on the assessment of the relative threat, vulner10 ability, and consequences from acts of terrorism faced by 

11 each eligible metropolitan area, required by section 2003 

12 of Public Law 110–53 (6 U.S.C. 604). 

13 SEC. 547. None of the funds appropriated by this Act 

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

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

16 the mother would be endangered if the fetus were carried 

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

18 should this prohibition be declared unconstitutional by a 

19 court of competent jurisdiction, this section shall be null 

20 and void. 

21 SEC. 548. None of the funds appropriated by this Act 

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

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

24 way the performance of, any abortion. 


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1 SEC. 549. Nothing in the preceding section shall re2 move the obligation of the Assistant Secretary of Home3 land Security for U.S. Immigration and Customs Enforce4 ment to provide escort services necessary for a female de5 tainee to receive such service outside the detention facility: 

6 Provided, That nothing in this section in any way dimin7 ishes the effect of section llll [preceding section] 

8 intended to address the philosophical beliefs of individual 

9 employees of U.S. Immigration and Customs Enforce10 ment. 

11 SEC. 550. Notwithstanding subsection (e)(3)(B) of 

12 section 559 of division F of Public Law 113–76 and sub13 section (g) of section 560 of division D of Public Law 

14 113–6, U.S. Customs and Border Protection may receive 

15 reimbursement for the cost of up to five full-time equiva16 lent officers under the programs established in such sec17 tions at no more than five ports of entry. 

18 SEC. 551. No funds or fees made available to the Sec19 retary of Homeland Security, or to the head of any other 

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

21 release from custody, other than for removal from the 

22 United States, or as required by law or pursuant to a 

23 court order, any lawfully detained alien described in the 

24 Priority 1 or Priority 2 category in the memorandum from 

25 the Secretary of Homeland Security entitled ‘‘Policies for 


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1 the Apprehension, Detention and Removal of Undocu2 mented Immigrants’’ dated November 20, 2014. 

3 SEC. 552. (a) Section 214(g)(9)(A) of the Immigra4 tion and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is 

5 amended by striking ‘‘2013, 2014, or 2015 shall not again 

6 be counted toward such limitation during fiscal year 

7 2016.’’ and inserting ‘‘2014, 2015, or 2016 shall not 

8 again be counted toward such limitation during fiscal year 

9 2017.’’. 

10 (b) The amendment made by subsection (a) shall take 

11 effect on October 1, 2016. 

12 (RESCISSIONS)

13 SEC. 553. Of the funds appropriated to the Depart14 ment of Homeland Security, the following funds are here15 by rescinded from the following accounts and programs 

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

17 be rescinded from amounts that were designated by the 

18 Congress as an emergency requirement pursuant to a con19 current resolution on the budget or the Balanced Budget 

20 and Emergency Deficit Control Act of 1985 (Public Law 

21 99–177): 

22 (1) $95,000,000 from Public Law 109–88; 

23 (2) $55,000,000 from unobligated prior year 

24 balances from ‘‘U.S. Customs and Border Protection 


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1 — Border Security, Fencing, Infrastructure, and 

2 Technology’’; 

3 (3) $45,000,000 from Public Law 114–4 under 

4 the heading ‘‘U. S. Immigration and Customs En5 forcement — Salaries and Expenses’’; 

6 (4) $12,200,000 from Public Law 114–113 

7 under the heading ‘‘Transportation Security Admin8 istration — Aviation Security’’; 

9 (5) $4,200,000 from Public Law 113–6 under 

10 the heading ‘‘Coast Guard — Acquisition, Construc11 tion, and Improvements’’; 

12 (6) $19,300,000 from Public Law 113–76 

13 under the heading ‘‘Coast Guard — Acquisition, 

14 Construction, and Improvements’’; and 

15 (7) $16,500,000 from Public Law 114–4 under 

16 the heading ‘‘Coast Guard — Acquisition, Construc17 tion, and Improvements’’. 

18 (RESCISSION)

19 SEC. 554. From the unobligated balances available 

20 in the Department of the Treasury Forfeiture Fund estab21 lished by section 9703 of title 31, United States Code 

22 (added by section 638 of Public Law 102–393), 

23 $187,000,000 shall be rescinded. 


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1 (RESCISSION)

2 SEC. 555. Of the unobligated balances made available 

3 to ‘‘Federal Emergency Management Agency — Disaster 

4 Relief Fund’’, $770,700,000 shall be rescinded: Provided, 

5 That no amounts may be rescinded from amounts that 

6 were designated by the Congress as an emergency require7 ment pursuant to a concurrent resolution on the budget 

8 or the Balanced Budget and Emergency Deficit Control 

9 Act of 1985, as amended: Provided further, That no 

10 amounts may be rescinded from the amounts that were 

11 designated by the Congress as being for disaster relief pur12 suant to section 251(b)(2)(D) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 SPENDING REDUCTION ACCOUNT

15 SEC. 556. The amount by which the applicable alloca16 tion of new budget authority made by the Committee on 

17 Appropriations of the House of Representatives under sec18 tion 302(b) of the Congressional Budget Act of 1974 ex19 ceeds the amount of proposed new budget authority is 

20 $5,000,000. 

21 This Act may be cited as the ‘‘Department of Home22 land Security Appropriations Act, 2017’’. 


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Union Calendar No. 518 

114TH CONGRESS 

2D SESSION H. R. 5634 

[Report No. 114–668] 

A BILL 

Making appropriations for the Department of 

September 30, 2017, and for other purposes. Homeland Security for the fiscal year ending 

JULY 6, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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