IB 
Union Calendar No. 518 
114TH CONGRESS 
2D SESSION 
H. R. 5634 
[Report No. 114–668] 
Making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2017, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 6, 2016 
Mr. CARTER of Texas, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
A BILL 
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2017, 
and for other purposes. 
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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, 2017, and for other purposes, namely: 
TITLE I 
DEPARTMENTAL MANAGEMENT, OPERATIONS, 
INTELLIGENCE, AND OVERSIGHT 
DEPARTMENTAL MANAGEMENT AND OPERATIONS 
OPERATIONS AND SUPPORT 
For necessary expenses for Departmental Manage-
ment and Operations for operations and support, as au-
thorized by law, $822,992,000, of which $186,361,000 
shall remain available until September 30, 2018: Provided, 
That of the total made available under this heading, not 
more than $32,000 shall be for official reception and rep-
resentation expenses. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses for Departmental Manage-
ment and Operations for procurement, construction, and 
improvements, as authorized by law, $18,839,000, to re-
main available until September 30, 2019. 
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RESEARCH AND DEVELOPMENT 
For necessary expenses for Departmental Manage-
ment and Operations for research and development, and 
Department-wide technology investments, $2,500,000, to 
remain available until September 30, 2018. 
ANALYSIS AND OPERATIONS 
OPERATIONS AND SUPPORT 
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.), $265,719,000, of which $110,091,000 shall remain 
available until September 30, 2018: Provided, That not 
to exceed $3,825 shall be for official reception and rep-
resentation expenses. 
OFFICE OF INSPECTOR GENERAL 
OPERATIONS AND SUPPORT 
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.), $157,144,000, 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. 
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ADMINISTRATIVE PROVISIONS 
SEC. 101. Not later than 30 days after the last day 
of each month, the Chief Financial Officer of the Depart-
ment of Homeland Security shall submit to the Commit-
tees on Appropriations of the House of Representatives 
and the Senate a monthly budget and staffing report that 
includes total obligations of the Department for that 
month and for the fiscal year at the appropriation and 
program, project, and activity levels, by the source year 
of the appropriation: Provided, That total obligations for 
staffing shall also be provided by subcategory of on-board 
and funded full-time equivalent staffing levels, respec-
tively: Provided further, That the report shall specify the 
number of, and total obligations for, contract employees 
for each office of the Department. 
SEC. 102. (a) The Secretary of Homeland Security 
shall submit a report not later than October 15, 2017, 
to the 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 2017. 
(b) The Inspector General shall review the report re-
quired by subsection (a) to assess Departmental compli-
ance with applicable laws and regulations and report the 
results of that review to the Committees on Appropriations 
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of the House of Representatives and the Senate not later 
than February 15, 2018. 
SEC. 103. The Secretary of Homeland Security shall 
require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to success-
ful acquisition outcomes, which shall be specified in terms 
of cost, schedule, and performance. 
SEC. 104. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall no-
tify the Committees on Appropriations of the House of 
Representatives and the Senate of any proposed transfers 
of funds available under section 9703(g)(4)(B) of title 31, 
United States Code (as added by Public Law 102–393) 
from the Department of the Treasury Forfeiture Fund to 
any agency within the Department of Homeland Security: 
Provided, That none of the funds identified for such a 
transfer may be obligated until the Committees on Appro-
priations of the House of Representatives and the Senate 
are notified of the proposed transfers. 
SEC. 105. The Under Secretary for Management 
shall include in the President’s budget proposal for fiscal 
year 2018, submitted pursuant to section 1105(a) of title 
31, United States Code, a Comprehensive Acquisition Sta-
tus Report, which shall include the information required 
under the heading ‘‘Office of the Under Secretary for 
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Management’’ under title I of division D of the Consoli-
dated Appropriations Act, 2012 (Public Law 112–74), and 
shall submit quarterly updates to such report not later 
than 45 days after the completion of each quarter. 
TITLE II 
SECURITY, ENFORCEMENT, AND 
INVESTIGATIONS 
U.S. CUSTOMS AND BORDER PROTECTION 
OPERATIONS AND SUPPORT 
For necessary expenses for U.S. Customs and Border 
Protection for enforcement of laws relating to border secu-
rity, immigration, customs, agricultural inspections, and 
regulatory activities related to plant and animal imports; 
the provision of air and marine support to Federal, State, 
and local agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Secu-
rity; other law enforcement and emergency humanitarian 
efforts, at the discretion of the Secretary of Homeland Se-
curity; transportation of unaccompanied minor aliens; pur-
chase and lease of up to 7,500 (6,500 for replacement 
only) police-type vehicles; the maintenance or operation of 
aircraft and unmanned aircraft systems; and contracting 
with 
individuals 
for 
personal 
services 
abroad; 
$10,945,357,000, of which $3,274,000 shall be derived 
from the Harbor Maintenance Trust Fund for administra-
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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 
$1,362,683,000 shall be available until September 30, 
2018; 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, ex-
cept sums subject to section 13031(f)(3) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(f)(3)), shall be derived from that account; of 
which not to exceed $150,000 shall be available for pay-
ment for rental space in connection with preclearance op-
erations; and of which not to exceed $1,000,000 shall be 
for awards of compensation to informants, to be accounted 
for solely under the certificate of the Secretary of Home-
land Security. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses for U.S. Customs and Border 
Protection for procurement, construction, and improve-
ments, including procurements to buy, maintain, or oper-
ate 
aircraft 
and 
unmanned 
aircraft 
systems, 
$260,883,000, of which $104,392,000 shall remain avail-
able 
until 
September 
30, 
2019, 
and 
of 
which 
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$156,491,000 shall remain available until September 30, 
2021. 
UNITED STATES IMMIGRATION AND CUSTOMS 
ENFORCEMENT 
OPERATIONS AND SUPPORT 
For necessary expenses for United States Immigra-
tion and Customs Enforcement for enforcement of immi-
gration and customs laws, detention and removals, inves-
tigations, including intellectual property rights and over-
seas vetted units operations, and transportation of unac-
companied minor aliens; and purchase and lease of up to 
3,790 (2,350 for replacement only) police-type vehicles; 
$5,871,580,000; of which not to exceed $11,475 shall be 
for official reception and representation expenses: Pro-
vided, That of the total amount provided, not to exceed 
$10,000,000 shall be available until expended for con-
ducting special operations under section 3131 of the Cus-
toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro-
vided further, That of the total amount provided, 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: Provided further, 
That funding made available under this heading shall 
maintain a level of not less than 34,000 detention beds 
through September 30, 2017: Provided further, That of 
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the total amount provided, $6,000,000 shall remain avail-
able until expended for activities to enforce laws against 
forced child labor: Provided further, That of the total 
amount provided, $13,700,000 shall remain available until 
September 30, 2018, for the Visa Security Program and 
investigations abroad: Provided further, That of the total 
amount provided, 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 repa-
triation of smuggled aliens unlawfully present in the 
United States: Provided further, That of the total amount 
provided, not less than $5,400,000 shall be used to facili-
tate agreements consistent with section 287(g) of the Im-
migration and Nationality Act (8 U.S.C. 1357(g)). 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses for United States Immigra-
tion and Customs Enforcement for procurement, construc-
tion, 
and 
improvements, 
as 
authorized 
by 
law, 
$32,800,000, to remain available until September 30, 
2019. 
TRANSPORTATION SECURITY ADMINISTRATION 
OPERATIONS AND SUPPORT 
For necessary expenses of the Transportation Secu-
rity Administration related to providing civil aviation secu-
rity services, surface transportation security, the develop-
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ment and implementation of intelligence and vetting ac-
tivities, and transportation security support, pursuant to 
the Aviation and Transportation Security Act (Public Law 
107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$6,936,776,000, to remain available until September 30, 
2018, of which not to exceed $7,650 shall be for official 
reception and representation expenses: Provided, That se-
curity 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 2017 so as to 
result in a final fiscal year appropriation from the general 
fund estimated at not more than $4,806,776,000. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of the Transportation Secu-
rity Administration for procurement, construction, and 
improvements pursuant to the Aviation and Transpor-
tation Security Act (Public Law 107–71; 115 Stat. 597; 
49 U.S.C. 40101 note), $206,093,000, to remain available 
until September 30, 2019. 
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RESEARCH AND DEVELOPMENT 
For necessary expenses of the Transportation Secu-
rity Administration for research and development pursu-
ant to the Aviation and Transportation Security Act (Pub-
lic Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$5,000,000, to remain available until September 30, 2018. 
COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operations and main-
tenance of the Coast Guard, not otherwise provided for; 
purchase or lease of not to exceed 25 passenger motor ve-
hicles, which shall be for replacement only; purchase or 
lease of small boats for contingent and emergent require-
ments (at a unit cost of no more than $700,000) and re-
pairs and service-life replacements, not to exceed a total 
of $31,000,000; purchase or lease of boats necessary for 
overseas deployments and activities; purchase or lease of 
other equipment (at a unit cost of no more than 
$250,000); minor shore construction projects not exceed-
ing $1,000,000 in total cost on any location; payments 
pursuant to section 156 of Public Law 97–377 (42 U.S.C. 
402 note; 96 Stat. 1920); and recreation and welfare; 
$6,977,815,000; of which $340,000,000 shall be for de-
fense-related activities; of which $24,500,000 shall be de-
rived from the Oil Spill Liability Trust Fund to carry out 
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the purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex-
ceed $23,000 shall be for official reception and representa-
tion expenses. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the environ-
mental compliance and restoration functions of the Coast 
Guard under chapter 19 of title 14, United States Code, 
$13,315,000, to remain available until September 30, 
2021. 
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; $112,302,000. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore 
facilities (including facilities at Department of Defense in-
stallations used by the Coast Guard), vessels, and aircraft, 
including equipment related thereto; and maintenance, re-
habilitation, lease, and operation of facilities and equip-
ment; as authorized by law; $1,257,155,000; of which 
$20,000,000 shall be derived from the Oil Spill Liability 
Trust Fund to carry out the purposes of section 
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1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which $1,008,533,000 shall be available 
until September 30, 2021; and of which $157,000,000, 
shall remain available until September 30, 2018, for Na-
tional Security Cutter post-delivery activities. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses as authorized by law for ap-
plied scientific research, development, test, and evaluation; 
and for maintenance, rehabilitation, lease, and operation 
of facilities and equipment; $18,319,000, to remain avail-
able until September 30, 2019, of which $500,000 shall 
be derived from the Oil Spill Liability Trust Fund to carry 
out the purposes of section 1012(a)(5) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there 
may be credited to and used for the purposes of this ap-
propriation funds received from State and local govern-
ments, other public authorities, private sources, and for-
eign countries for expenses incurred for research, develop-
ment, testing, and evaluation. 
RETIRED PAY 
For retired pay, including the payment of obligations 
otherwise chargeable to lapsed appropriations for this pur-
pose, payments under the Retired Serviceman’s Family 
Protection and Survivor Benefits Plans, payment for ca-
reer status bonuses, concurrent receipts, and combat-re-
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lated special compensation as authorized by law, and pay-
ments for medical care of retired personnel and their de-
pendents under chapter 55 of title 10, United States Code, 
$1,666,940,000, to remain available until expended. 
UNITED STATES SECRET SERVICE 
OPERATIONS AND SUPPORT 
For necessary expenses of the United State 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; 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; conduct of and participation 
in firearms matches; presentation of awards; travel of 
United States Secret Service employees on protective mis-
sions without regard to the limitations on such expendi-
tures in this or any other Act if notification is made in 
advance to the Committees on Appropriations of the 
House of Representatives and the Senate; grants to con-
duct behavioral research in support of protective intel-
ligence and operations; payment in advance for commer-
cial accommodations as may be necessary to perform pro-
tective functions; payment, without regard to section 5702 
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ADMINISTRATIVE PROVISIONS 
SEC. 201. For fiscal year 2017, the overtime limita-
tion prescribed in section 5(c)(1) of the Act of February 
13, 1911 (19 U.S.C. 267(c)(1)) shall be $45,000; and not-
withstanding 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, 
United States Immigration and Customs Enforcement, or 
the United States Secret Service for overtime, from what-
ever source, in an amount that exceeds such limitation, 
except in individual cases determined by the Secretary of 
Homeland Security, or the designee of the Secretary, to 
be necessary for national security purposes, to prevent ex-
cessive costs, or in cases of immigration emergencies. 
SEC. 202. 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. 
SEC. 203. Funding made available under the heading 
‘‘U.S. Customs and Border Protection — Operations and 
Support’’ shall be available for air and marine related cus-
toms expenses when necessary to maintain or temporarily 
increase operations in Puerto Rico. 
SEC. 204. No aircraft or other related equipment, 
with the exception of aircraft that are one of a kind and 
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have been identified as excess to U.S. Customs and Border 
Protection requirements and aircraft that have been dam-
aged beyond repair, shall be transferred to any other Fed-
eral agency, department, or office outside of the Depart-
ment of Homeland Security during fiscal year 2017 with-
out prior notice to the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 205. Section 559(e)(3) of division F of Public 
Law 113–76 (6 U.S.C. 211 note) is amended by striking 
subparagraph (D). 
SEC. 206. The Secretary of Homeland Security shall 
prioritize the identification and removal of aliens convicted 
of a crime by the severity of that crime. 
SEC. 207. Nothing in this Act shall prevent United 
States Immigration and Customs Enforcement from exer-
cising the authorities provided under immigration laws (as 
defined in section 101(a)(17) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(17))) during priority oper-
ations pertaining to aliens convicted of a crime. 
SEC. 208. Without regard to the limitation as to time 
and condition of section 503(d) of this Act, the Secretary 
may reprogram and transfer funds within and into 
‘‘United States Immigration and Customs Enforcement — 
Operations and Support’’ as necessary to ensure the de-
tention of aliens prioritized for removal. 
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SEC. 209. None of the funds made available in this 
Act may be used to provide funding for the position of 
Public Advocate, or a successor position, within United 
States Immigration and Customs Enforcement. 
SEC. 210. None of the funds provided under the 
heading ‘‘United States Immigration and Customs En-
forcement — Operations and Support’’ may be used to 
continue a delegation of law enforcement authority author-
ized under section 287(g) of the Immigration and Nation-
ality Act (8 U.S.C. 1357(g)) if the Department of Home-
land Security Inspector General determines that the terms 
of the agreement governing the delegation of authority 
have been materially violated. 
SEC. 211. None of the funds provided under the 
heading ‘‘United States Immigration and Customs En-
forcement — Operations and Support’’ may be used to 
continue any contract for the provision of detention serv-
ices if the two most recent overall performance evaluations 
received by the contracted facility are less than ‘‘ade-
quate’’ or the equivalent median score in any subsequent 
performance evaluation system. 
SEC. 212. Of the funds provided under the heading 
‘‘Transportation Security Administration — Procurement, 
Construction, and Improvements’’, $49,199,000 shall not 
be available for obligation unless the Under Secretary for 
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Management of the Department of Homeland Security 
certifies to the Committees on Appropriations of the 
House of Representatives and the Senate at least 15 days 
in advance of any obligation of such funds that the funds 
will be expended for transportation security equipment 
that has an approved acquisition program baseline. 
SEC. 213. Members of the United States House of 
Representatives and the United States Senate, including 
the leadership; the heads of Federal agencies and commis-
sions, including the Secretary, Deputy Secretary, Under 
Secretaries, and Assistant Secretaries of the Department 
of Homeland Security; the United States Attorney Gen-
eral, Deputy Attorney General, Assistant Attorneys Gen-
eral, and the United States Attorneys; and senior mem-
bers 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. 
SEC. 214. (a) None of the funds made available in 
this Act may be used for any recruiting or hiring of per-
sonnel into the Transportation Security Administration 
that would cause the agency to exceed a staffing level of 
45,000 full-time equivalent screeners. 
(b) Subsection (a) shall not apply to personnel hired 
as part-time employees. 
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SEC. 215. Any award by the Transportation Security 
Administration to deploy explosives detection systems 
shall be based on risk, the airport’s current reliance on 
other screening solutions, lobby congestion resulting in in-
creased security concerns, high injury rates, airport readi-
ness, and increased cost effectiveness. 
SEC. 216. Notwithstanding section 44923 of title 49, 
United States Code, for fiscal year 2017, 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. 
SEC. 217. The reporting requirement in the ninth 
proviso under the heading ‘‘Transportation Security Ad-
ministration — Aviation Security’’ in the Department of 
Homeland Security Appropriations Act, 2016 (Public Law 
114-113), shall apply in fiscal year 2017, except that the 
reference to ‘‘this Act’’ shall be treated as referring to this 
Act. 
SEC. 218. None of the funds made available by this 
or any other Act may be used by the Administrator of 
the Transportation Security Administration to implement, 
administer, or enforce, in abrogation of the responsibility 
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