II 
Calendar No. 140 
113TH CONGRESS 
1ST SESSION H. R. 2217 
[Report No. 113–77] 
IN THE SENATE OF THE UNITED STATES 
JUNE 7, 2013 
Received; read twice and referred to the Committee on Appropriations 
JUNE 12, 2013 
Committee discharged; ordered returned to the House 
JUNE 13, 2013 
Received; read twice and referred to the Committee on Appropriations 
pursuant to the order of June 12, 2013 
JULY 18, 2013 
Reported by Ms. LANDRIEU, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2014, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 end-
ing September 30, 2014, and for other purposes, namely: 
TITLE I 
DEPARTMENTAL MANAGEMENT AND 
OPERATIONS 
DEPARTMENTAL OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE 
MANAGEMENT 
For necessary expenses of the Office of the Secretary 
of Homeland Security, as authorized by section 102 of the 
Homeland Security Act of 2002 (6 U.S.C. 112), and exec-
utive management of the Department of Homeland Secu-
rity, as authorized by law, $103,246,000 (reduced by 
$2,838,000): Provided, That not to exceed $45,000 shall 
be for official reception and representation expenses: Pro-
vided further, That all official costs associated with the 
use of government aircraft by Department of Homeland 
Security personnel to support official travel of the Sec-
retary and the Deputy Secretary shall be paid from 
amounts made available for the Immediate Office of the 
Secretary and the Immediate Office of the Deputy Sec-
retary: Provided further, That the Secretary shall submit 
to the Committees on Appropriations of the Senate and 
the House of Representatives, with the President’s budget 
proposal for fiscal year 2015 submitted pursuant to sec-
tion 1105(a) of title 31, United States Code, expenditure 
plans for the Office of Policy, the Office for Intergovern-
mental Affairs, the Office for Civil Rights and Civil Lib-
erties, the Citizenship and Immigration Services Ombuds-
man, and the Privacy Officer. 
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), $171,173,000 (reduced by 
$10,000,000)
(reduced
by
$5,000,000)
(reduced
by 
$7,667,000) (reduced by $15,676,000), of which not to 
exceed $2,250 shall be for official reception and represen-
tation expenses: Provided, That of the total amount made 
available under this heading, $4,020,000 shall remain 
available until September 30, 2015, solely for the alter-
ation and improvement of facilities, tenant improvements, 
and relocation costs to consolidate Department head-
quarters operations at the Nebraska Avenue Complex; and 
$7,815,000 shall remain available until September 30, 
2015, for the Human Resources Information Technology 
program: Provided further, That the Under Secretary for 
Management shall, pursuant to the requirements con-
tained in House Report 112–331, submit to the Commit-
tees on Appropriations of the Senate and the House of
Representatives at the time the President’s budget pro-
posal for fiscal year 2015 is submitted pursuant to section 
1105(a) of title 31, United States Code, a Comprehensive 
Acquisition Status Report, which shall include the infor-
mation required under the heading ‘‘Office of the Under 
Secretary for Management’’ under title I of division D of 
the Consolidated Appropriations Act, 2012 (Public Law 
112–74), and quarterly updates to such report not later 
than 45 days after the completion of each quarter. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Fi-
nancial Officer, as authorized by section 103 of the Home-
land Security Act of 2002 (6 U.S.C. 113), $41,242,000, 
of which $4,000,000 shall remain available until Sep-
tember 30, 2015, for financial systems modernization ef-
forts: Provided, That the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives, at the time that 
the President’s budget proposal for fiscal year 2015 is 
submitted pursuant to section 1105(a) of title 31, United 
States Code, the Future Years Homeland Security Pro-
gram and a comprehensive report compiled in conjunction 
with the Government Accountability Office that details up-
dated missions, goals, strategies, priorities, along with per-
formance metrics that are measurable, repeatable, and di-
rectly linked to requests for funding, as described in the 
accompanying report. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief In-
formation Officer, as authorized by section 103 of the 
Homeland Security Act of 2002 (6 U.S.C. 113), and De-
partment-wide technology investments, $210,735,000; of 
which $99,397,000 shall be available for salaries and ex-
penses; and of which $111,338,000, to remain available 
until September 30, 2015, shall be available for develop-
ment and acquisition of information technology equip-
ment, software, services, and related activities for the De-
partment of Homeland Security: Provided, That the De-
partment of Homeland Security Chief Information Officer 
shall 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 2015 is 
submitted pursuant to section 1105(a) of title 31, United 
States Code, a multi-year investment and management 
plan, to include each of fiscal years 2014 through 2017, 
for all information technology acquisition projects funded 
under this heading or funded by multiple components of 
the Department of Homeland Security through reimburs-
able agreements, that includes—
(C) defines life-cycle costs for such pro-
grams. 
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.), $291,623,000; of which not to exceed $3,825 shall 
be for official reception and representation expenses; and 
of which $89,334,000 shall remain available until Sep-
tember 30, 2015. 
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.), $113,903,000, of 
which not to exceed $300,000 may be used for certain con-
fidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspec-
tor General. 
TITLE II 
SECURITY, ENFORCEMENT, AND 
INVESTIGATIONS 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relat-
ing 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; 
$8,275,983,000; of which $3,274,000 shall be derived 
from the Harbor Maintenance Trust Fund for administra-
tive expenses related to the collection of the Harbor Main-
tenance Fee pursuant to section 9505(c)(3) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not-
withstanding section 1511(e)(1) of the Homeland Security 
Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 
$34,425 shall be for official reception and representation 
expenses; of which such sums as become available in the 
Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be de-
rived from that account; of which not to exceed $150,000 
shall be available for payment for rental space in connec-
tion with preclearance operations; and of which not to ex-
ceed $1,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate 
of the Secretary of Homeland Security: Provided, That for 
fiscal year 2014, the overtime limitation prescribed in sec-
tion 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any 
other provision of law, none of the funds appropriated by 
this Act shall be available to compensate any employee of 
U.S. Customs and Border Protection for overtime, from 
whatever source, in an amount that exceeds such limita-
tion, except in individual cases determined by the Sec-
retary of Homeland Security, or the designee of the Sec-
retary, to be necessary for national security purposes, to 
prevent excessive costs, or in cases of immigration emer-
gencies: Provided further, That the Border Patrol shall 
maintain an active duty presence of not less than 21,370 
full-time equivalent agents protecting the borders of the 
United States in the fiscal year. 
AUTOMATION MODERNIZATION 
For necessary expenses for U.S. Customs and Border 
Protection for operation and improvement of automated 
systems, including salaries and expenses, $707,897,000 
(reduced by $7,655,000); of which $325,526,000 shall re-
main available until September 30, 2016; and of which 
not less than $140,762,000 shall be for the development 
of the Automated Commercial Environment. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND 
TECHNOLOGY 
For expenses for border security fencing, infrastruc-
ture,
and
technology,
$351,454,000
(increased
by
$10,000,000), to remain available until September 30, 
2016. 
AIR AND MARINE OPERATIONS 
For necessary expenses for the operations, mainte-
nance, and procurement of marine vessels, aircraft, un-
manned aircraft systems, and other related equipment of 
the air and marine program, including salaries and ex-
penses and operational training and mission-related travel, 
the operations of which include the following: the interdic-
tion 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 Fed-
eral, State, and local agencies in other law enforcement 
and emergency humanitarian efforts; $802,741,000; of 
which $292,791,000 shall be available for salaries and ex-
penses; and of which $509,950,000 shall remain available 
until September 30, 2016: Provided, That no aircraft or 
other related equipment, with the exception of aircraft 
that are one of a kind and have been identified as excess 
to U.S. Customs and Border Protection requirements and 
aircraft that have been damaged beyond repair, shall be 
transferred to any other Federal agency, department, or 
office outside of the Department of Homeland Security
during fiscal year 2014 without prior notice to the Com-
mittees on Appropriations of the Senate and the House 
of Representatives: Provided further, That the Secretary 
of Homeland Security shall report to the Committees on 
Appropriations of the Senate and the House of Represent-
atives, not later than 90 days after the date of enactment 
of this Act, on any changes to the 5-year strategic plan 
for the air and marine program required under this head-
ing in Public Law 112–74. 
CONSTRUCTION AND FACILITIES MANAGEMENT 
For necessary expenses to plan, acquire, construct, 
renovate, equip, furnish, operate, manage, and maintain 
buildings, facilities, and related infrastructure necessary 
for the administration and enforcement of the laws relat-
ing
to
customs,
immigration,
and
border
security, 
$471,278,000, to remain available until September 30, 
2018: Provided, That the Commissioner of U.S. Customs 
and Border Protection shall submit to the Committees on 
Appropriations of the Senate and the House of Represent-
atives, at the time that the President’s budget proposal 
for fiscal year 2015 pursuant to section 1105(a) of title 
31, United States Code, an inventory of the real property 
of U.S. Customs and Border Protection and a plan for 
each activity and project proposed for funding under this 
heading that includes the full cost by fiscal year of each
activity and project proposed and underway in fiscal year 
2015. 
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigra-
tion and customs laws, detention and removals, and inves-
tigations, including overseas vetted units operations; and 
purchase and lease of up to 3,790 (2,350 for replacement 
only) police-type vehicles; $5,344,461,000; 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 inform-
ants, 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)); and of which not to exceed $11,216,000 shall 
be available to fund or reimburse other Federal agencies 
for the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the 
United States: Provided, That none of the funds made 
available under this heading shall be available to com-
pensate any employee for overtime in an annual amount 
in excess of $35,000, except that the Secretary of Home-
land Security, or the designee of the Secretary, may waive 
that amount as necessary for national security purposes 
and in cases of immigration emergencies: Provided further, 
That of the total amount provided, $15,770,000 shall be 
for activities to enforce laws against forced child labor, 
of which not to exceed $6,000,000 shall remain available 
until expended: Provided further, That of the total amount 
available, not less than $1,600,000,000 shall be available 
to identify aliens convicted of a crime who may be deport-
able, and to remove them from the United States once 
they are judged deportable: Provided further, That the 
Secretary of Homeland Security shall prioritize the identi-
fication and removal of aliens convicted of a crime by the 
severity of that crime: Provided further, That funding 
made available under this heading shall maintain a level 
of not less than 34,000 detention beds through September 
30, 2014: Provided further, That of the total amount pro-
vided, not less than $2,835,581,000 is for detention and 
removal operations, including transportation of unaccom-
panied minor aliens: Provided further, That of the total
amount provided, $31,541,000 shall remain available until 
September 30, 2015, for the Visa Security Program: Pro-
vided further, That not less than $10,000,000 shall be 
available for investigation of intellectual property rights 
violations, including operation of the National Intellectual 
Property Rights Coordination Center: Provided further, 
That none of the funds provided under this heading may 
be used to continue a delegation of law enforcement au-
thority authorized under section 287(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(g)) if the Depart-
ment of Homeland Security Inspector General determines 
that the terms of the agreement governing the delegation 
of authority have been violated: Provided further, That 
none of the funds provided under this heading may be 
used to continue any contract for the provision of deten-
tion services if the two most recent overall performance 
evaluations received by the contracted facility are less than 
‘‘adequate’’ or the equivalent median score in any subse-
quent performance evaluation system: Provided further, 
That nothing under this heading shall prevent U.S. Immi-
gration and Customs Enforcement from exercising those 
authorities provided under immigration laws (as defined 
in section 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17))) during priority operations 
pertaining to aliens convicted of a crime.
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforce-
ment automated systems, $34,900,000, to remain avail-
able until September 30, 2016. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of the laws relating 
to customs and immigration, $5,000,000, to remain avail-
able until September 30, 2017. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to providing civil aviation secu-
rity services pursuant to the Aviation and Transportation 
Security Act (Public Law 107–71; 115 Stat. 597; 49 
U.S.C.
40101
note),
$4,872,739,000
(increased
by 
$3,000,000), to remain available until September 30, 
2015, of which not to exceed $7,650 shall be for official 
reception and representation expenses: Provided, That of 
the total amount made available under this heading, not 
to exceed $3,824,625,000 (increased by $3,000,000) shall 
be
for
screening
operations
and
not
to
exceed 
$1,048,114,000 (reduced by $12,500,000) (increased by 
$12,500,000) (reduced by $31,810,000) shall be for avia-
tion security direction and enforcement: Provided further, 
That of the amount made available in the preceding pro-
viso for screening operations, $2,972,715,000, to remain 
available until September 30, 2014, shall be available for 
Screener Compensation and Benefits; $163,190,000 (in-
creased by $31,810,000) shall be available for the Screen-
ing Partnership Program; $382,354,000 shall be available 
for explosives detection systems, of which $83,845,000 
shall be available for the purchase and installation of these 
systems; and $103,309,000 (increased by $3,000,000) 
shall be for checkpoint support: Provided further, That any 
award to deploy explosives detection systems shall be 
based on risk, the airport’s current reliance on other 
screening solutions, lobby congestion resulting in increased 
security concerns, high injury rates, airport readiness, and 
increased cost effectiveness: Provided further, That secu-
rity service fees authorized under section 44940 of title 
49, United States Code, shall be credited to this appro-
priation as offsetting collections and shall be available only 
for aviation security: Provided further, That the sum ap-
propriated under this heading from the general fund shall 
be reduced on a dollar-for-dollar basis as such offsetting 
collections are received during fiscal year 2014 so as to 
result in a final fiscal year appropriation from the general 
fund estimated at not more than $2,752,739,000: Pro-
vided further, That any security service fees collected in 
excess of the amount made available under this heading 
shall become available during fiscal year 2015: Provided 
further, That notwithstanding section 44923 of title 49, 
United States Code, for fiscal year 2014, any funds in 
the Aviation Security Capital Fund established by section 
44923(h) of title 49, United States Code, may be used 
for the procurement and installation of explosives detec-
tion systems or for the issuance of other transaction agree-
ments for the purpose of funding projects described in sec-
tion 44923(a) of such title: Provided further, That none 
of the funds made available in this Act may be used for 
any recruiting or hiring of personnel into the Transpor-
tation Security Administration that would cause the agen-
cy to exceed a staffing level of 46,000 full-time equivalent 
screeners: Provided further, That the preceding proviso 
shall not apply to personnel hired as part-time employees: 
Provided further, That not later than 90 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committees on Appropria-
tions of the Senate and the House of Representatives a 
detailed report on— 
(1) the Department of Homeland Security ef-
forts and resources being devoted to develop more 
advanced
integrated
passenger
screening
tech-
nologies for the most effective security of passengers 
and baggage at the lowest possible operating and ac-
quisition costs; 
(2) how the Transportation Security Adminis-
tration is deploying its existing passenger and bag-
gage screener workforce in the most cost effective 
manner; and 
(3) labor savings from the deployment of im-
proved
technologies
for
passenger
and
baggage 
screening and how those savings are being used to 
offset security costs or reinvested to address security 
vulnerabilities: 
Provided further, That Members of the Senate and House 
of Representatives, including the leadership; the heads of 
Federal agencies and commissions, including the Sec-
retary, Deputy Secretary, Under Secretaries, and Assist-
ant Secretaries of the Department of Homeland Security; 
the Attorney General, Deputy Attorney General, Assistant 
Attorneys General, and the United States Attorneys; and 
senior members of the Executive Office of the President, 
including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and 
baggage screening.
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to surface transportation secu-
rity activities, $108,618,000 (increased by $15,676,000), 
to remain available until September 30, 2015. 
TRANSPORTATION THREAT ASSESSMENT AND 
CREDENTIALING 
For necessary expenses for the development and im-
plementation of screening programs of the Office of 
Transportation Threat Assessment and Credentialing, 
$182,617,000, to remain available until September 30, 
2015. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Secu-
rity Administration related to transportation security sup-
port and intelligence pursuant to the Aviation and Trans-
portation Security Act (Public Law 107–71; 115 Stat. 
597; 49 U.S.C. 40101 note), $901,666,000 (reduced by 
$4,000,000), to remain available until September 30, 
2015: Provided, That of the funds provided under this 
heading, $50,000,000 shall be withheld from obligation for 
headquarters administration until the Administrator of 
the Transportation Security Administration submits to the 
Committees on Appropriations of the Senate and the 
House of Representatives detailed expenditure plans for