Department of Homeland Security Appropriations Act, 2015

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes, namely: I Departmental management and operations Office of the Secretary and Executive Management For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 Provided Provided further Provided further section 1105(a) Office of the under secretary for management For necessary expenses of the Office of the Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), $192,692,000, of which not to exceed $2,250 shall be for official reception and representation expenses: Provided Provided further Office of the Under Secretary for Management Public Law 112–74 Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 Provided section 1105(a) 6 U.S.C. 454 Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 Analysis and operations For necessary expenses for intelligence analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $295,269,000; of which not to exceed $3,825 shall be for official reception and representation expenses; and of which $131,679,000 shall remain available until September 30, 2016 Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $118,617,000; of which not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. II Security, enforcement, and investigations U.S. customs and border protection Salaries and expenses For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and regulatory activities related to plant and animal imports, and transportation of unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $8,320,391,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 6 U.S.C. 551(e)(1) 19 U.S.C. 58c(f)(3) Provided Provided further Provided further Automation modernization For necessary expenses for U.S. Customs and Border Protection for operation and improvement of automated systems, including salaries and expenses, $806,699,000; of which $445,575,000 shall remain available until September 30, 2017 Border security fencing, infrastructure, and technology For expenses for border security fencing, infrastructure, and technology, $362,466,000, to remain available until September 30, 2017 Air and marine operations For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems, and other related equipment of the air and marine program, including salaries and expenses, operational training, and mission-related travel, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; $706,569,000; of which $290,900,000 shall be available for salaries and expenses; and of which $415,669,000 shall remain available until September 30, 2017 Provided Provided further Air and Marine Interdiction, Operations, and Maintenance Public Law 112–74 Construction and facilities management For necessary expenses to plan, acquire, construct, renovate, equip, furnish, operate, manage, and maintain buildings, facilities, and related infrastructure necessary for the administration and enforcement of the laws relating to customs, immigration, and border security, including land ports of entry where the Administrator of General Services has delegated to the Secretary of Homeland Security the authority to operate, maintain, repair, and alter such facilities, and to pay rent to the General Services Administration for use of land ports of entry, $478,459,000, to remain available until September 30, 2019 Immigration and customs enforcement Salaries and expenses For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations, including intellectual property rights and overseas vetted units operations; and purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; $5,136,957,000; of which not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed $11,475 shall be for official reception and representation expenses; of which not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $305,000 shall be for promotion of public awareness of the child pornography tipline and activities to counter child exploitation; of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); of which not to exceed $40,000,000, to remain available until September 30, 2017, is for maintenance, construction, and lease hold improvements at owned and leased facilities; and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further , Provided further Provided further 8 U.S.C. 1357(g) Provided further adequate Provided further Provided further Automation modernization For expenses of immigration and customs enforcement automated systems, $26,000,000, to remain available until September 30, Transportation security administration Aviation security For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 49 U.S.C. 40101 Provided Provided further section 44940 Provided further Provided further 2 U.S.C. 901a Provided further section 44923 Provided further (1) the Department of Homeland Security efforts and resources being devoted to develop more advanced integrated passenger screening technologies for the most effective security of passengers and baggage at the lowest possible operating and acquisition costs, including projected funding levels for each fiscal year for the next 5 years or until project completion, whichever is earlier; (2) how the Transportation Security Administration is deploying its existing passenger and baggage screener workforce in the most cost effective manner; and (3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those savings are being used to offset security costs or reinvested to address security vulnerabilities: Provided further (1) specific benchmarks and performance measures to increase participation in Pre-Check by air carriers, airports, and passengers; (2) options to facilitate direct application for enrollment in Pre-Check through the Transportation Security Administration's Web site, airports, and other enrollment locations; (3) use of third parties to pre-screen passengers for expedited screening; (4) inclusion of populations already vetted by the Transportation Security Administration and other trusted populations as eligible for expedited screening; (5) resource implications of expedited passenger screening resulting from the use of risk-based security methods; and (6) the total number and percentage of passengers using Pre-Check lanes who: (A) have enrolled in Pre-Check since Transportation Security Administration enrollment centers were established; (B) enrolled using the Transportation Security Administration’s Pre-Check application Web site; (C) were enrolled as frequent flyers of a participating airline; (D) utilized Pre-Check as a result of their enrollment in a Trusted Traveler program of U.S. Customs and Border Protection; (E) were selectively identified to participate in expedited screening through the use of Managed Inclusion; and (F) are enrolled in all other Pre-Check categories: Provided further Surface transportation security For necessary expenses of the Transportation Security Administration related to surface transportation security activities, $126,749,000, to remain available until September 30, Intelligence and vetting For necessary expenses for the development and implementation of Transportation security support For necessary expenses of the Transportation Security Administration related to transportation security support pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 United states coast guard Operating expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase or lease of boats necessary for overseas deployments and activities; minor shore construction projects not exceeding $1,000,000 in total cost on any location; payments pursuant to section 156 of Public Law 97–377 42 U.S.C. 402 Provided section 12114 Provided further chapter 121 Provided further Coast Guard Acquisition, Construction, and Improvements Provided further Provided further , Environmental compliance and restoration For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 19 Reserve training For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard reserve program; personnel and training costs; and equipment and services; $114,572,000. Acquisition, construction, and improvements For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $1,330,376,000; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which the following amounts shall be available until September 30, 2019 (except as subsequently specified): $6,000,000 for military family housing; $1,043,500,000 to acquire, effect major repairs to, renovate, or improve vessels, small boats, and related equipment; $68,000,000 to acquire, effect major repairs to, renovate, or improve aircraft or increase aviation capability; $57,300,000 for other acquisition programs; $40,580,000 for shore facilities and aids to navigation, including facilities at Department of Defense installations used by the Coast Guard; and $114,996,000, to remain available until September 30, Provided Provided further (1) the proposed appropriations included in that budget; (2) the total estimated cost of completion, including and clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations; (3) projected funding levels for each fiscal year for the next 5 fiscal years or until acquisition program baseline or project completion, whichever is earlier; (4) an estimated completion date at the projected funding levels; and (5) a current acquisition program baseline for each capital asset, as applicable, that— (A) includes the total acquisition cost of each asset, subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each fiscal year, including for each fiscal year funds requested for design, pre-acquisition activities, production, structural modifications, missionization, post-delivery, and transition to operations costs; (B) includes a detailed project schedule through completion, subdivided by fiscal year, that details— (i) quantities planned for each fiscal year; and (ii) major acquisition and project events, including development of operational requirements, contracting actions, design reviews, production, delivery, test and evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics; (C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline and the most recent baseline approved by the Department of Homeland Security's Acquisition Review Board, if applicable; (D) aligns the acquisition of each asset to mission requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how the acquisition of each asset will address such known capability gaps; (E) defines life-cycle costs for each asset and the date of the estimate on which such costs are based, including all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the asset; (F) includes the earned value management system summary schedule performance index and cost performance index for each asset, if applicable; and (G) includes a phase-out and decommissioning schedule delineated by fiscal year for each existing legacy asset that each asset is intended to replace or recapitalize: Provided further section 1105(a) Provided further Provided further Public Law 110–28 Research, development, test, and evaluation For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $17,892,000, to remain available until September 30, Provided Retired pay For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, concurrent receipts, and combat-related special compensation under the National Defense Authorization Act, and payments for medical care of retired personnel and their dependents under chapter 55 United states secret service Salaries and expenses For necessary expenses of the United States Secret Service, including purchase of not to exceed 652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the United States Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees in cases in which a protective assignment on the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $1,585,360,000; of which not to exceed $19,125 shall be for official reception and representation expenses; of which not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related support of investigations of missing and exploited children; of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children and shall remain available until September 30, 2016; and of which not less than $7,500,000 shall be for activities related to training in electronic crimes investigations and forensics: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Protection of Persons and Facilities Domestic Field Operations Acquisition, construction, improvements, and related expenses For necessary expenses for acquisition, construction, repair, alteration, and improvement of physical and technological infrastructure, $49,935,000; of which $5,380,000, to remain available until September 30, III Protection, preparedness, response, and recovery National protection and programs directorate Management and administration For salaries and expenses of the Office of the Under Secretary for the National Protection and Programs Directorate, support for operations, and information technology, $64,565,000: Provided Provided further section 1105(a) Infrastructure protection and information security For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. Federal protective service The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service: Provided Office of biometric identity management For necessary expenses for the Office of Biometric Identity Management, as authorized by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $249,142,000: Provided Office of health affairs For necessary expenses of the Office of Health Affairs, $124,618,000; of which $26,148,000 is for salaries and expenses and $84,651,000 is for BioWatch operations: Provided Provided further Federal emergency management agency Salaries and expenses For necessary expenses of the Federal Emergency Management Agency, $935,720,000, including activities authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. 42 U.S.C. 7701 et seq. 33 U.S.C. 467 et seq. 6 U.S.C. 101 et seq. Public Law 110–53 Public Law 112–141 Public Law 113–89 Provided Provided further Provided further Provided further Provided further Provided further State and local programs For grants, contracts, cooperative agreements, and other activities, $1,500,000,000, which shall be allocated as follows: (1) $467,000,000 shall be for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 Provided (2) $600,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 (3) $100,000,000 shall be for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus Security Assistance under sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 6 U.S.C. 1135 Provided (4) $100,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107. (5) $233,000,000 shall be to sustain current operations for training, exercises, technical assistance, and other programs, of which $162,991,000 shall be for training of State, local, and tribal emergency response providers: Provided Provided further Provided further Provided further Provided further Firefighter assistance grants For grants for programs authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, to remain available until September 30, 2016, of which $340,000,000 shall be available to carry out section 33 of that Act ( 15 U.S.C. 2229 15 U.S.C. 2229a Emergency management performance grants For emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. 42 U.S.C. 5121 et seq. 42 U.S.C. 7701 et seq. Radiological emergency preparedness program The aggregate charges assessed during fiscal year Provided Provided further United states fire administration For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000. Disaster relief fund (including transfer of funds) For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. Provided Provided further Provided further (1) An estimate of the following amounts shall be submitted for the budget year at the time that the President's budget proposal for fiscal year 2016 is submitted pursuant to section 1105(a) (A) The unobligated balance of funds to be carried over from the prior fiscal year to the budget year; (B) The unobligated balance of funds to be carried over from the budget year to the budget year plus 1; (C) The amount of obligations for non-catastrophic events for the budget year; (D) The amount of obligations for the budget year for catastrophic events delineated by event and by State; (E) The total amount that has been previously obligated or will be required for catastrophic events delineated by event and by State for all prior years, the current year, the budget year, the budget year plus 1, the budget year plus 2, and the budget year plus 3 and beyond; (F) The amount of previously obligated funds that will be recovered for the budget year; (G) The amount that will be required for obligations for emergencies, as described in section 102(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(1)), major disasters, as described in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), fire management assistance grants, as described in section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187), surge activities, and disaster readiness and support activities; (H) The amount required for activities not covered under section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public Law 99–177 (2) An estimate or actual amounts, if available, of the following for the current fiscal year shall be submitted not later than the fifth day of each month, and shall be published by the Administrator on the Agency's Web site not later than the fifth day of each month: (A) A summary of the amount of appropriations made available by source, the transfers executed, the previously allocated funds recovered, and the commitments, allocations, and obligations made; (B) A table of disaster relief activity delineated by month, including— (i) the beginning and ending balances; (ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; (iii) the obligations for catastrophic events delineated by event and by State; and (iv) the amount of previously obligated funds that are recovered; (C) A summary of allocations, obligations, and expenditures for catastrophic events delineated by event; (D) In addition, for a disaster declaration related to Hurricane Sandy, the cost of the following categories of spending: public assistance, individual assistance, mitigation, administrative, operations, and any other relevant category (including emergency measures and disaster resources); and (E) The date on which funds appropriated will be exhausted: Provided further 42 U.S.C. 5172 Provided further Provided further Provided further 42 U.S.C. 5121 et seq. Provided further Flood hazard mapping and risk analysis program For necessary expenses, including administrative costs, under section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 Public Law 112–141 42 U.S.C. 4101(f)(2) National flood insurance fund For activities under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. 42 U.S.C. 4001 et seq. Public Law 112–141 Public Law 113–89 Provided Provided further 42 U.S.C. 4015(d) Provided further (1) $136,000,000 for operating expenses; (2) $1,139,000,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; (4) $150,000,000, which shall remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c 42 U.S.C. 4104c(e) Provided further 42 U.S.C. 4012a(f)(8) Provided further Provided further 42 U.S.C. 4033 national predisaster mitigation fund For the predisaster mitigation grant program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 Emergency food and shelter To carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 et seq. Provided Provided further Department of Housing and Urban Development—Homeless Assistance Grants Provided further IV Research and development, training, and services United states citizenship and immigration services For necessary expenses for citizenship and immigration services, $124,435,000 for the E-Verify Program, as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a Provided , Provided further Federal law enforcement training center Salaries and expenses For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles; expenses for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized by section 3109 Provided Provided further Public Law 107–206 42 U.S.C. 3771 December 31, December 31, Provided further Provided further Acquisitions, construction, improvements, and related expenses For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, Provided Science and technology Management and administration For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. Provided Research, development, acquisition, and operations For necessary expenses for science and technology research, including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease of not to exceed 5 vehicles, $941,935,000; of which $506,755,000 shall remain available until September 30, Provided Domestic nuclear detection office Management and administration For salaries and expenses of the Domestic Nuclear Detection Office, as authorized by title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 591 et seq. Provided Research, development, and operations For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $196,400,000, to remain available until September 30, Systems acquisition For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture, $72,603,000, to remain available until September 30, V General provisions (including rescissions of funds) 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year (1) creates a new program, project, or activity; (2) eliminates a program, project, office, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function or activity for which funding levels were requested for Federal full-time equivalents in the object classification tables contained in the fiscal year (b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity; (3) reduces by 10 percent the numbers of personnel approved by the Congress; or (4) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided (d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations based upon an initial notification provided after June 30, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) The notification thresholds and procedures set forth in this section shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–356 31 U.S.C. 501 Provided Provided further Provided further Provided further Provided further Provided further Provided further 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year Provided 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 507. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used to— (1) make or award a grant allocation, grant, contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent, totaling in excess of $1,000,000; (2) award a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds; (3) make a sole-source grant award; or (4) announce publicly the intention to make or award items under paragraph (1), (2), or (3) including a contract covered by the Federal Acquisition Regulation. (b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of making an award or issuing a letter as described in that subsection. (c) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued. (d) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account from which the funds are being drawn. (e) The Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award under State and Local Programs 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Center facilities. 509. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 510. (a) Sections 520, 522, and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 (b) The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114), shall not apply with respect to funds made available in this Act. 511. None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act. For purposes of the preceding sentence, the term Buy American Act chapter 83 512. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 513. Within 30 days after the end of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report for that month that includes total obligations, on-board versus funded full-time equivalent staffing levels, and the number of contract employees for each office of the Department. 514. Except as provided in section 44945 Aviation Security Administration Transportation Security Support Provided 515. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees (including employees serving on a temporary or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information Officers, Contact Representatives, Investigative Assistants, or Immigration Services Officers. 516. Any funds appropriated to Coast Guard Acquisition, Construction, and Improvements 517. The functions of the Federal Law Enforcement Training Center instructor staff shall hereafter be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 518. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2015, to the Office of Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal year 2015. (b) The Inspector General shall review the report required by subsection (a) to assess Departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 15, 519. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 ( 6 U.S.C. 452 520. Funds made available in this Act may be used to alter operations within the Civil Engineering Program of the Coast Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any Civil Engineering Unit unless specifically authorized by a statute enacted after the date of enactment of this Act. 521. None of the funds made available in this Act may be used by United States Citizenship and Immigration Services to grant an immigration benefit unless the results of background checks required by law to be completed prior to the granting of the benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the granting of the benefit. 522. Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 (1) in subsection (a), by striking Until September 30, Until September 30, (2) in subsection (c)(1), by striking September 30, September 30, 523. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance). 524. Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b) Provided 46 U.S.C. 501(b) 525. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided Provided further (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 526. None of the funds in this Act shall be used to reduce the United States Coast Guard's Operations Systems Center mission or its government-employed or contract staff levels. 527. The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9703.1(g)(4)(B) of title 31, United States Code (as added by Public Law 102–393) from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security: Provided 528. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. 529. None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center. 530. (a) Notwithstanding any other provision of this Act, except as provided in subsection (b), and 30 days after the date on which the President determines whether to declare a major disaster because of an event and any appeal is completed, the Administrator shall publish on the Web site of the Federal Emergency Management Agency a report regarding that decision that shall summarize damage assessment information used to determine whether to declare a major disaster. (b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. (c) In this section— (1) the term Administrator (2) the term major disaster 42 U.S.C. 5122 531. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. 532. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 6 U.S.C. 121 Public Law 113–76 on October 4, on October 4, 533. None of the funds appropriated or otherwise made available in this Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 534. None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301.10–124 of title 41, Code of Federal Regulations. 535. None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) 536. (a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall hereafter safeguard and dispose of such information in accordance with the requirements in— (1) the National Institute for Standards and Technology Special Publication 800–30, entitled Risk Management Guide for Information Technology Systems (2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled Recommended Security Controls for Federal Information Systems and Organizations (3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the Administrator (b) The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall hereafter be known as the Sponsoring Entity (c) The Administrator shall hereafter require any company covered by subsection (a) to provide, not later than 30 days after the date of enactment of this Act, to the Sponsoring Entity written certification that the procedures used by the company to safeguard and dispose of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements. 537. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. 538. In developing any process to screen aviation passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and guidance. 539. (a) Notwithstanding section 1356(n) (b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration may be used to provide services to aliens who have not been lawfully admitted for permanent residence. 540. For an additional amount for the Office of the Under Secretary for Management Provided 541. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code, or chapter 137 542. (a) For an additional amount for financial systems modernization, $39,500,000. (b) Funds made available in subsection (a) for financial systems modernization may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding section 503 of this Act. (c) No transfer described in subsection (b) shall occur until 15 days after the Committees on Appropriations of the Senate and the House of Representatives are notified of such transfer. 543. Notwithstanding the 10 percent limitation contained in section 503(c) of this Act, the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided 544. Notwithstanding any other provision of law, if the Secretary of Homeland Security determines that specific U.S. Immigration and Customs Enforcement Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is authorized to dispose of individual Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities by directing the Administrator of General Services to sell all real and related personal property which support Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided Provided further Provided further 545. The Department of Homeland Security Chief Information Officer, the Commissioner of U.S. Customs and Border Protection, the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement, the Director of the United States Secret Service, and the Director of the Office of Biometric Identity Management shall, with respect to fiscal years 2015, 2016, 2017, and 2018, submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget proposal for fiscal year section 1105(a) U.S. Customs and Border Protection, Salaries and Expenses Public Law 112–74 U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology Office of the Chief Information Officer United States Secret Service, Acquisition, Construction, Improvements, and Related Expenses Office of Biometric Identity Management Public Law 113–6 546. The Secretary of Homeland Security shall ensure enforcement of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 547. (a) Of the amounts made available by this Act for National Protection and Programs Directorate, Infrastructure Protection and Information Security Federal Network Security Provided Provided further Provided further Provided further (b) Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget. (c) Not later than July 1, 2015, the heads of all Federal agencies shall submit to the Committees on Appropriations of the Senate and the House of Representatives expenditure plans for necessary cybersecurity improvements to address known vulnerabilities to information systems described in subsection (a). (d) Not later than October 1, 2015, and semiannually thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the execution of the expenditure plan for that agency required by subsection (c): Provided Public Law 107–347 section 3606 (e) This section shall not apply to the legislative and judicial branches of the Federal Government and shall apply to all Federal agencies within the executive branch except for the Department of Defense, the Central Intelligence Agency, and the Office of the Director of National Intelligence. 548. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 549. None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 550. None of the funds provided in this or any other Act may be obligated to implement the National Preparedness Grant Program or any other successor grant programs unless explicitly authorized by Congress. 551. Public Law 113–76, division F, section 559 is amended as follows: (1) Subsection (e)(3)(D) is amended by striking five seven (2) Subsection (f)(2) is amended by striking it in its entirety and replacing it with: (2) Allowable Uses of Donations (A) Donations accepted by the Commissioner may— (i) be utilized for necessary activities related to constructing, altering, operating, maintaining, or equipping a new or existing port of entry under the jurisdiction, custody and control of the Commissioner, including but not limited to expenses related to— (I) land acquisition, design, construction, repair and alteration; (II) furniture, fixtures, equipment, and technology, including installation and deployment thereof; and (III) operations and maintenance; or (ii) be utilized for activities related to altering, operating, maintaining, or equipping a new or existing port of entry under the jurisdiction, custody, and control of the Administrator, including but not limited to expenses related to— (I) design, repair and alteration; (II) furniture, fixtures, equipment, and technology, including installation and deployment thereof; and (III) operations and maintenance. (B) Donations accepted by the Administrator may— (i) be utilized for activities related to constructing, altering, operating, maintaining, or equipping a new or existing port of entry facility under the jurisdiction, custody and control of the Administrator, including but not limited to expenses related to— (I) land acquisition, design, construction, repair and alteration; (II) furniture, fixtures, equipment, and technology, including installation and deployment thereof; and (III) operations and maintenance. (C) For purposes of subsection (f)(2)(A)(i)(II)–(III), the term new or existing port of entry under the jurisdiction, custody and control of the Commissioner . (3) Subsection (f)(3)(A)(ii)(III) is amended by striking the word land (4) Subsection (h) is amended by adding a new subparagraph (4) that reads: (4) The term new or existing port of entry facility under the jurisdiction, custody and control of the Administrator . (5) Subsection (i) is amended by striking it in its entirety and replacing with: (i) Role of Administrator Under this section, the role and involvement of the Administrator of General Services is required only with respect to donations made pursuant to subsection (f) at land ports of entry under the jurisdiction, custody, and control of the Administrator. . 552. None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination: Provided international conference 553. None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event. 554. With the exception of countries with preclearance facilities in service prior to 2013, none of the funds made available in this Act may be used for new U.S. Customs and Border Protection air preclearance agreements entering into force after February 1, 2014, unless: (1) the Secretary of Homeland Security, in consultation with the Secretary of State, has certified to Congress that air preclearance operations at the airport provide a homeland or national security benefit to the United States; (2) U.S. passenger air carriers are not precluded from operating at existing preclearance locations; and (3) a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations. 555. In making grants under the heading Firefighter Assistance Grants 15 U.S.C. 2229a 556. (a) In General Beginning on the date of the enactment of this Act, the Secretary shall not— (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee. (b) Border Crossing Fee Defined In this section, the term border crossing fee 557. The administrative law judge annuitants participating in the Senior Administrative Law Judge Program managed by the Director of the Office of Personnel Management under section 3323 558. As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act ( Public Law 112–42 19 U.S.C. 58c(a)(5) 559. (a) Section 109(1) of the Department of Justice Appropriations Act of 2002 ( Public Law 107–77 $7 $9 (b) Section 108 of division B of title I of the Consolidated Appropriations Resolution, 2003 (Public Law 108–7) is amended by striking $3 $5 (c) The additional funds generated by (a) and (b) shall solely be used for the hiring or sustainment of U.S. Customs and Border Protection officers at air and sea ports of entry. 560. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on the Department of Homeland Security that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2016 appropriations Act. 561. None of the funds made available to the Department of Homeland Security by this Act may be obligated for any structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes— (1) the number of full-time equivalent employee positions affected by such change; (2) funding required for such change for the current year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) an analysis of compensation alternatives to such change that were considered by the Department. 562. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Committees on Appropriations of the Senate and the House of Representatives in this Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 30 days except as otherwise specified in law. 563. None of the funds provided under this Act shall be used by U.S. Immigration and Customs Enforcement to establish a National License Plate Recognition database or other similar project. 564. Section 605 of division E of Public Law 110–161 6 U.S.C. 1404 565. The Administrator of the Federal Emergency Management Agency may transfer up to $95,000,000 in unobligated balances made available for the appropriations account for Federal Emergency Management Agency, Disaster Assistance Direct Loan Program Public Law 109–88 Federal Emergency Management Agency, Disaster Relief Fund 566. The Office of Management and Budget and the Department of Homeland Security shall ensure the congressional budget justifications accompanying the President’s budget proposal for the Department of Homeland Security, submitted pursuant to section 1105(a) Provided 567. Notwithstanding any other provision of law, Gerardo Ismael Hernandez, a Transportation Security Officer employed by the Transportation Security Administration who was killed in the line of duty on November 1, 2013, at the Los Angeles International Airport, shall be deemed to have been a public safety officer for the purposes of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. 568. (a) Definitions Section 217(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(1) (1) Authority to designate; definitions (A) Authority to designate The Secretary of Homeland Security, in consultation with the Secretary of State, may designate any country as a program country if that country meets the requirements under paragraph (2). (B) Definitions In this subsection: (i) Appropriate congressional committees The term appropriate congressional committees (I) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (II) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives. (ii) Overstay rate (I) Initial designation The term overstay rate (aa) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (bb) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (II) Continuing designation The term overstay rate (aa) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (bb) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (III) Computation of overstay rate In determining the overstay rate for a country, the Secretary of Homeland Security may utilize information from any available databases to ensure the accuracy of such rate. (iii) Program country The term program country . (b) Technical and conforming amendments Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (1) by striking Attorney General Secretary of Homeland Security (2) in subsection (c)— (A) in paragraph (2)(C)(iii), by striking Committee on the Judiciary and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate appropriate congressional committees (B) in paragraph (5)(A)(i)(III), by striking Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security, of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate appropriate congressional committees (C) in paragraph (7), by striking subparagraph (E). (c) Designation of program countries based on overstay rates (1) In general Section 217(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(A) (A) General numerical limitations (i) Low nonimmigrant visa refusal rate The percentage of nationals of that country refused nonimmigrant visas under section 101(a)(15)(B) during the previous full fiscal year was not more than 3 percent of the total number of nationals of that country who were granted or refused nonimmigrant visas under such section during such year. (ii) Low nonimmigrant overstay rate The overstay rate for that country was not more than 3 percent during the previous fiscal year. . (2) Qualification criteria Section 217(c)(3) of such Act ( 8 U.S.C. 1187(c)(3) (3) Qualification criteria After designation as a program country under section 217(c)(2), a country may not continue to be designated as a program country unless the Secretary of Homeland Security, in consultation with the Secretary of State, determines, pursuant to the requirements under paragraph (5), that the designation will be continued. . (3) Initial period Section 217(c) is further amended by striking subsection (c)(4). (4) Continuing designation Section 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows: (II) shall determine, based upon the evaluation in subclause (I), whether any such designation under subsection (d) or (f), or probation under subsection (f), ought to be continued or terminated; . (5) Computation of visa refusal rates; judicial review Section 217(c)(6) of such Act ( 8 U.S.C. 1187(c)(6) (6) Computation of visa refusal rates and judicial review (A) Computation of visa refusal rates For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. (B) Judicial review No court shall have jurisdiction under this section to review any visa refusal, the Secretary of State’s computation of a visa refusal rate, the Secretary of Homeland Security’s computation of an overstay rate, or the designation or nondesignation of a country as a program country. . (6) Visa waiver information Section 217(c)(7) of such Act ( 8 U.S.C. 1187(c)(7) (A) by striking subparagraphs (B) through (D); and (B) by striking waiver information In refusing waiver information (7) Waiver authority Section 217(c)(8) of such Act ( 8 U.S.C. 1187(c)(8) (8) Waiver authority The Secretary of Homeland Security, in consultation with the Secretary of State, may waive the application of paragraph (2)(A)(i) for a country if— (A) the country meets all other requirements of paragraph (2); (B) the Secretary of Homeland Security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States; (C) there has been a general downward trend in the percentage of nationals of the country refused nonimmigrant visas under section 101(a)(15)(B); (D) the country consistently cooperated with the Government of the United States on counterterrorism initiatives, information sharing, preventing terrorist travel, and extradition to the United States of individuals (including the country's own nationals) who commit crimes that violate United States law before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State assess that such cooperation is likely to continue; (E) the percentage of nationals of the country refused a nonimmigrant visa under section 101(a)(15)(B) during the previous full fiscal year was not more than 10 percent of the total number of nationals of that country who were granted or refused such nonimmigrant visas; and (F) Effective Period The amendments made by this subsection shall be in effect during the period beginning on the date of enactment of this Act and ending on December 31, 2017. . (d) Termination of designation; probation Section 217(f) of the Immigration and Nationality Act ( 8 U.S.C. 1187(f) (d) Termination of designation; probation (1) Definitions In this subsection: (A) Probationary period The term probationary period (B) Program country The term program country (2) Determination, notice, and initial probationary period (A) Determination of probationary status and notice of noncompliance As part of each program country’s periodic evaluation required by subsection (c)(5)(A), the Secretary of Homeland Security shall determine whether a program country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) Initial probationary period If the Secretary of Homeland Security determines that a program country is not in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2), the Secretary of Homeland Security shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed. (3) Actions at the end of the initial probationary period At the end of the initial probationary period of a country under paragraph (2)(B), the Secretary of Homeland Security shall take 1 of the following actions: (A) Compliance during initial probationary period If the Secretary determines that all instances of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period, the Secretary shall end the country’s probationary period. (B) Noncompliance during initial probationary period If the Secretary determines that any instance of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period— (i) the Secretary may terminate the country’s participation in the program; or (ii) on an annual basis, the Secretary may continue the country’s probationary status if the Secretary, in consultation with the Secretary of State, determines that the country’s continued participation in the program is in the national interest of the United States. (4) Actions at the end of additional probationary periods At the end of all probationary periods granted to a country pursuant to paragraph (3)(B)(ii), the Secretary shall take 1 of the following actions: (A) Compliance during additional period The Secretary shall end the country’s probationary status if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) Noncompliance during additional periods The Secretary shall terminate the country's participation in the program if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the program country continues to be in non-compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (5) Effective date The termination of a country's participation in the program under paragraph (3)(B) or (4)(B) shall take effect on the first day of the first fiscal year following the fiscal year in which the Secretary determines that such participation shall be terminated. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a). (6) Treatment of nationals after termination For purposes of this subsection and subsection (d)— (A) nationals of a country whose designation is terminated under paragraph (3) or (4) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and (B) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination. (7) Consultative role of the secretary of state In this subsection, references to subparagraphs (A)(ii) through (F) of subsection (c)(2) and subsection (c)(5)(A) carry with them the consultative role of the Secretary of State as provided in those provisions. . (e) Review of overstay tracking methodology Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the methods used by the Secretary of Homeland Security— (1) to track aliens entering and exiting the United States; and (2) to detect any such alien who stays longer than such alien's period of authorized admission. (f) Evaluation of electronic system for travel authorization Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress— (1) an evaluation of the security risks of aliens who enter the United States without an approved Electronic System for Travel Authorization verification; and (2) a description of any improvements needed to minimize the number of aliens who enter the United States without the verification described in paragraph (1). (g) Sense of Congress on priority for review of program countries It is the sense of Congress that the Secretary of Homeland Security, in the process of conducting evaluations of countries participating in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (rescissions) 569. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided (1) $27,300,000 from unobligated prior year balances from U.S. Customs and Border Protection Border Security, Fencing, Infrastructure, and Technology (2) $8,000,000 from Public Law 113–76 U.S. Custom and Border Protection—Air and Marine Operations (3) $12,500,000 from unobligated prior year balances from U.S. Customs and Border Protection—Construction and Facilities Management (4) $15,300,000 from Transportation Security Administration Aviation Security (5) $102,000,000 from Public Law 113–76 Transportation Security Administration Aviation Security (6) $2,550,000 from Public Law 112–10 Coast Guard Acquisition, Construction, and Improvements (7) $11,980,000 from Public Law 112–74 Coast Guard Acquisition, Construction, and Improvements (8) $16,500,000 from Public Law 113–76 Coast Guard Acquisition, Construction, and Improvements (9) $9,469,000 from Public Law 113–6 Coast Guard Acquisition, Construction, and Improvements (10) $14,000,000 from Science and Technology Research and Development, Acquisition, and Operations (rescission) 570. From the unobligated balances made available in the Department of the Treasury Forfeiture Fund established by section 9703 Public Law 102–393 (rescissions) 571. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: (1) $1,362,285 from U.S. Customs and Border Protection, Salaries and Expenses (2) $57,998 from Coast Guard, Acquisition, Construction and Improvements (3) $73,905 from Federal Emergency Management Agency, National Predisaster Mitigation Fund (rescission) 572. Of the unobligated balances made available to Federal Emergency Management Agency, Disaster Relief Fund Provided Provided further 573. Notwithstanding section 404 or 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c and 5187), during fiscal year 2015, the President may provide hazard mitigation assistance in accordance with such section 404 in any area in which assistance was provided under such section 420. This Act may be cited as the Department of Homeland Security Appropriations Act, 2015 June 26, 2014 Read twice and placed on the calendar

Summary: Department of Homeland Security Appropriations Act, 2015 - Makes appropriations for the Department of Homeland Security (DHS) for FY2015. Title I: Departmental Management and Operations - Makes appropriations for: (1) the Office of the Secretary of Homeland Security and executive management, (2) the Office of the Under Secretary for Management, (3) the Office of the Chief Financial Officer, (4) the Office of the Chief Information Officer, (5) intelligence analysis and operations coordination activities, and (6) the Office of the Inspector General. Title II: Security, Enforcement, and Investigations - Makes appropriations for: (1) U.S. Customs and Border Protection (CBP), including for border security fencing, infrastructure, and technology; (2) U.S. Immigration and Customs Enforcement (ICE), including to reimburse other federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States, to identify and remove from the United States aliens convicted of a crime once they are judged deportable, and for detention and removal operations, including transportation of unaccompanied minor aliens; (3) the Transportation Security Administration (TSA), including for civil aviation security services (including explosives detection systems), surface transportation security activities, the development and implementation of intelligence and vetting activities, and transportation security support; (4) U.S. Coast Guard; and (5) U.S. Secret Service. Requires: (1) the Border Patrol to maintain an active duty presence of not less than 21,370 full-time equivalent agents protecting U.S. borders in FY2015; (2) ICE funding to maintain a level of not less than 34,000 detention beds through September 30, 2015; and (3) the TSA Administrator to submit a semiannual report updating information on a strategy to increase the number of air passengers eligible for expedited screening. Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2015 for: (1) the National Protection and Programs Directorate, including for the Federal Protective Service (FPS) and the Office of Biometric Identity Management; (2) the Office of Health Affairs, including for BioWatch operations; and (3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs (including the Urban Area Security Initiative), firefighter assistance grants, emergency management performance grants, the U.S. Fire Administration, disaster relief, the flood hazard mapping and risk analysis program, the National Flood Insurance Fund, the predisaster mitigation grant program, and the emergency food and shelter program. Requires the revenues and collections of security fees credited to the account of FPS to be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of FPS, provided that the Secretary of DHS and the Director of the Office of Management and Budget (OMB) shall certify in writing to the House and Senate Appropriations Committees, not later than 60 days after this Act's enactment, that FPS operations will be fully funded in FY2015 through revenues and collection of security fees. Requires the Director of FPS to include with the submission of the President's FY2016 budget a strategic human capital plan that aligns fee collections to personnel requirements based on a current threat assessment. Title IV: Research and Development, Training, and Services - Makes appropriations for FY2015 for: (1) U.S. Citizenship and Immigration Services (CIS), including for the E-Verify program; (2) the Federal Law Enforcement Training Center (FLETC); (3) the Office of the Under Secretary for Science and Technology; and (4) the Domestic Nuclear Detection Office. Prohibits the use of funds made available in this Act for grants for immigrant integration to provide services to aliens who have not been lawfully admitted for permanent residence. Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act. (Sec. 512) Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act (INA). (Sec. 521) Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit. (Sec. 524) Prohibits the use of funds provided in this or any other Act to approve a waiver of the navigation and vessel-inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until the Secretary of DHS takes adequate measures to ensure the use of U.S. flag vessels. (Sec. 525) Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply. (Sec. 526) Prohibits the use of funds made available in this Act: (1) to reduce the Coast Guard's Operations Systems Center mission or its government-employed or contract staff levels; (2) for planning, testing, piloting, or developing a national identification card; (3) to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions, of Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces, or who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (DOD); or (4) to employ unauthorized aliens. (Sec. 536) Requires any company that collects or retains personal information directly from any individual who participates in TSA's Registered Traveler or successor program to safeguard and dispose of such information in accordance with specified requirements. (Sec. 546) Requires the DHS Secretary to ensure enforcement of immigration laws. (Sec. 547) Requires a specified amount of the funds made available for the Federal Network Security Program to be used to deploy federal systems technology to improve the information security of agency information systems, including to assist and support government-wide and agency-specific efforts to provide adequate, risk-based, and cost-effective cybersecurity. (Sec. 549) Prohibits funds made available under this Act from being used: (1) by a federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the officer knows or suspects that the individual is an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm at all times, or (2) to implement the National Preparedness Grant Program unless explicitly authorized by Congress. (Sec. 551) Authorizes the Secretary to accept donations of real and personal property (including monetary donations) and nonpersonal services from private parties and state and local governments for purposes of constructing, altering, operating, or maintaining, or equipping a new or existing land port of entry facility. (Sec. 552) Prohibits the use of funds under this Act to pay for the travel to or attendance of more than 50 employees of a single component of DHS, who are stationed in the United States, at a single international conference unless the Deputy Secretary or a designee determines that such attendance is in the national interest and notifies the Senate and House Appropriations Committees within at least 10 days of that determination and its basis. (Sec. 554) Prohibits the use of funds made available in this Act for new CBP air preclearance agreements entering into force after February 1, 2014 (with an exception for countries with preclearance facilities in service prior to 2013), unless: (1) the Secretary has certified that air preclearance operations at the airport provide a homeland or national security benefit, (2) U.S. passenger air carriers are not precluded from operating at existing preclearance locations, and (3) a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations. (Sec. 556) Prohibits the Secretary from imposing any new border crossing fee on individuals crossing the southern or northern U.S. borders at a land port of entry or from conducting any study relating to the imposition of a border crossing fee. (Sec. 559) Amends: (1) the Department of Justice Appropriations Act of 2002 to increase from $7 to $9 the fee charged by the Attorney General for the immigration inspection of each passenger arriving at a U.S. port of entry, or for the preinspection of a passenger in a place outside of the United States prior to such arrival, aboard a commercial aircraft or commercial vessel; and (2) the Consolidated Appropriations Resolution, 2003 to increase from $3 to $5 the amount charged by the Attorney General per individual for the immigration inspection or pre-inspection of each commercial vessel passenger, with an exception for designated ports of entry passengers arriving by ferry or by Great Lakes and connecting waterways when operating on a regular schedule. Requires the additional funds generated to be used solely for the hiring or sustainment of CBP officers at air and sea ports of entry. (Sec. 563) Prohibits the use of funds by ICE to establish a National License Plate Recognition database. (Sec. 566) Directs OMB and DHS to ensure the congressional budget justifications accompanying the President's budget proposal for DHS include estimates of the number of unaccompanied alien children anticipated to be apprehended in the budget year and the number of agent or officer hours required to process, manage, and care for such children. (Sec. 567) Deems Gerardo Ismael Hernandez, a Transportation Security Officer employed by TSA who was killed in the line of duty on November 1, 2013, at the Los Angeles International Airport, to have been a public safety officer for purposes of the Omnibus Crime Control and Safe Streets Act of 1968. (Sec. 568) Revises the visa waiver program under the INA to authorize the Secretary (in lieu of the Attorney General) to designate any country as a program country if such country provides machine-readable passports and the visa refusal rate and overstay rate for nationals of that country were both not more than 3% in the previous fiscal year. Revises probationary and termination provisions. Provides for the consultative role of the Secretary of State. Directs the Comptroller General (GAO) to conduct a review of the methods used by the Secretary to: (1) track aliens entering and exiting the United States, and (2) detect any such alien who stays longer than such alien's period of authorized admission. Directs the Secretary to submit: (1) an evaluation of the security risks of aliens who enter the United States without an approved Electronic System for Travel Authorization verification, and (2) a description of any improvements needed to minimize the number of aliens who enter the United States without such verification. Expresses the sense of Congress that the Secretary, in the process of conducting evaluations of countries participating in the visa waiver program, to prioritize the reviews of countries in which circumstances indicate that such a review is necessary or desirable. (Sec. 569) Rescinds specified funds: (1) from certain DHS accounts and programs; (2) from unobligated balances made available in the Department of the Treasury Forfeiture Fund; (3) transferred to DHS when it was created in 2003 for CBP for salaries and expenses, the Coast Guard for acquisition, construction, and improvements, and FEMA for the Office of Domestic Preparedness and the National Predisaster Mitigation Fund; and (4) from unobligated balances made available to FEMA for the Disaster Relief Fund. (Sec. 573) Authorizes the President, during FY2015, to provide hazard mitigation assistance for an area affected by a major disaster (under the Robert T. Stafford Disaster Relief and Emergency Assistance Act) to any area in which fire management assistance was provided.