Bill 114-HR-3128 — Defense / General
Subject: Emergency management

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights: 

The Department of Homeland Security Appropriations Act, 2016 provides FY2016 appropriations for the Department of Homeland Security (DHS), including U.S. Customs and Border Protection, the U.S. Coast Guard, U.S. Immigration and Customs Enforcement, the Transportation Security Administration, the Federal Emergency Management Agency, the U.S. Secret Service, and other DHS programs.

 The bill decreases discretionary funding for DHS compared to the FY2015 funding level.

Within the DHS budget, the bill increases funding compared to FY2015 levels for:

 Departmental Management and Operations, U.S. Customs and Border Protection, the Coast Guard, the U.S. Secret Service, and the Federal Emergency Management Agency. The bill decreases funding below FY2015 levels for: U.S Immigration and Customs Enforcement, the Transportation Security Administration (TSA), and U.S. Citizenship and Immigration Services.

The bill includes immigration provisions that:

 limit funding for the Administration's executive actions on immigration while a federal court injunction is in place, bar sanctuary cities from receiving certain DHS grants, and restrict funding for the release from custody of immigrants who fall within certain DHS priority categories. Also included in the bill are provisions that restrict or prohibit the use of funds for:

 TSA badges that resemble law enforcement badges, the transfer or release of detainees from the Guantanamo Bay facility in Cuba, and allowing the trafficking or the import of property confiscated by the Cuban government. Full Summary:

 Department of Homeland Security Appropriations Act, 2016 

Provides FY2016 appropriations for the Department of Homeland Security (DHS).

TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

Provides appropriations for:

 the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, Analysis and Operations, and the Office of Inspector General. Requires DHS to submit a Comprehensive Acquisition Status Report and the Future Years Homeland Security Program with the President's FY2017 budget.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

 Provides appropriations to U.S. Customs and Border Protection (CBP) for:

 Salaries and Expenses; Automation Modernization; Border Security Fencing, Infrastructure, and Technology; Air and Marine Operations; and Construction and Facilities Management. Provides appropriations to U.S. Immigration and Customs Enforcement (ICE) for: (1) Salaries and Expenses, (2) Automation Modernization, and (3) Construction.

Provides appropriations to the Transportation Security Administration (TSA) for:

 Aviation Security, Surface Transportation Security, Intelligence and Vetting, and Transportation Security Support. Provides appropriations to the U.S. Coast Guard for:

 Operating Expenses; Environmental Compliance and Restoration; Reserve Training; Acquisition, Construction, and Improvements; Research, Development, Test, and Evaluation; and Retired Pay. Requires the Coast Guard to submit a future-years capital investment plan to Congress.

Provides appropriations to the U.S. Secret Service for: (1) Salaries and Expenses; and (2) Acquisition, Construction, Improvements, and Related Expenses.

 TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Provides appropriations to the National Protection and Programs Directorate for:

 Management and Administration, Infrastructure Protection and Information Security, the Federal Protective Service, and the Office of Biometric Identity Management. Provides appropriations for the Office of Health Affairs.

Provides appropriations to the Federal Emergency Management Agency (FEMA) for:

 Salaries and Expenses, State and Local Programs, Firefighter Assistance Grants, Emergency Management Performance Grants, the Radiological Emergency Preparedness Program, the U.S. Fire Administration, the Disaster Relief Fund, the Flood Hazard Mapping and Risk Analysis Program, the National Flood Insurance Fund, the National Predisaster Mitigation Fund, and Emergency Food and Shelter. Requires FEMA to submit specified reports to Congress on the Disaster Relief Fund, including the balances of appropriations, obligations for catastrophic and non-catastrophic events, and obligations and activities related to disaster relief and emergencies.

TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

Provides appropriations for U.S. Citizenship and Immigration Services (USCIS).

Provides appropriations to the Federal Law Enforcement Training Center for: (1) Salaries and Expenses; and (2) Acquisition, Construction, Improvements, and Related Expenses.

Provides appropriations for Science and Technology for: (1) Management and Administration; and (2) Research, Development, Acquisition and Operations.

 Provides appropriations to the Domestic Nuclear Detection Office for: (1) Management and Administration; (2) Research, Development, and Operations; and (3) Systems Acquisition.

TITLE V--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

 (Sec. 501) Prohibits appropriations provided by this bill from remaining available for obligation beyond the current fiscal year unless expressly provided.

(Sec. 502) Permits unexpended balances of prior appropriations to be transferred and merged to new accounts and used for the same purpose, subject to reprogramming guidelines.

(Sec. 503) Sets forth restrictions, guidelines, and requirements for the reprogramming and transfer of funds provided by this bill.

(Sec. 504) Extends the authority for the DHS Working Capital Fund (WCF) and prohibits DHS from using funds to make payments to the WCF, except for activities and amounts allowed in the President's FY2016 budget. Permits funds provided to the WCF to remain available until expended and sets forth restrictions and requirements for the WCF.

(Sec. 505) Permits up to 50% of the unobligated balances remaining at the end of FY2016 from appropriations for salaries and expenses to remain available through FY2017, if a request is submitted to Congress in accordance with reprogramming guidelines.

 (Sec. 506) Deems funds provided by this bill for intelligence activities to be specifically authorized during FY2016 until the enactment of an Act authorizing intelligence activities for FY2016.

 (Sec. 507) Requires DHS to notify Congress prior to awarding or announcing the intent to award specified grant allocations, grants, contracts, task or delivery orders, or other transaction agreements. Permits a waiver if compliance would pose a substantial risk to human life, health, or safety and DHS notifies Congress after the award is made.

(Sec. 508) Prohibits the use of funds for additional law enforcement training facilities without congressional approval. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

(Sec. 509) Prohibits the use of funds provided by this bill for a construction, repair, alteration, or acquisition project for which a required prospectus has not been approved.

(Sec. 510) Applies provisions of the Department Homeland Security Appropriations Act, 2008 related to a contracting officer's technical representative training, disclosure of sensitive security information, and minimum federal fleet requirements to funds provided by this bill. Excludes funds provided by this or any other Act from a requirement that DHS report to Congress on documents designated as sensitive security information.

 (Sec. 511) Prohibits funds provided by this bill from being used in contravention of the Buy American Act.

(Sec. 512) Prohibits funds provided by this bill from being used to amend the oath of allegiance required by the Immigration and Nationality Act.

(Sec. 513) Requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.

 (Sec. 514) Requires funds provided to TSA for Aviation Security, Administration, and Transportation Security Support for FY2004 and FY2005 that are recovered or deobligated to be used only for the procurement or installation of explosive detection, air cargo, baggage, and checkpoint screening systems, subject to congressional notification and reporting requirements.

(Sec. 515) Prohibits funds from being used for a competition for services provided by employees of the U.S. Citizen and Immigration Services (USCIS) known as Immigration Information Officers, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

(Sec. 516) Requires funds appropriated to the Coast Guard for FY2002-FY2006 for the 110-123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation to be available until expended for the Fast Response Cutter program.

(Sec. 517) Classifies the functions of the Federal Law Enforcement Training Center instructor staff as inherently governmental (rather than commercial, which would require source competition) for the purposes of the Federal Activities Inventory Reform Act of 1998.

(Sec. 518) Requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded in FY2016 without a full and open competition. Requires the OIG to review the report for compliance with laws and regulations and submit the results to Congress.

(Sec. 519) Prohibits funds from being used for the Principal Federal Official during any Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) declared disaster or emergency unless specified exceptions apply.

(Sec. 520) Prohibits DHS from using funds provided by this bill for a reorganization unless otherwise authorized by law.

(Sec. 521) Prohibits the USCIS from using funds provided by this bill to grant an immigration benefit to an individual unless required background checks have been completed, received by DHS, and do not preclude the granting of the benefit.

(Sec. 522) Amends the Homeland Security Act of 2002 to extend certain DHS transactional authorities for research and development projects through FY2016.

(Sec. 523) Requires DHS to link all contracts that provide award fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.

(Sec. 524) Prohibits funds from being used to waive navigation and vessel inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until DHS takes adequate measures to ensure the use of U.S. flag vessels.

 (Sec. 525) Prohibits the CBP from using funds provided by this bill to prevent individuals from importing personal use quantities of certain prescription drugs from Canada.

(Sec. 526) Require DHS to notify Congress of proposed transfers from the Department of the Treasury Forfeiture Fund to any DHS agency, and prohibits obligation of the funds until Congress approves the transfer.

(Sec. 527) Prohibits funds provided by this bill from being used for a national identification card.

(Sec. 528) Prohibits officials from delegating this bill's requirements to report or certify to Congress unless specifically authorized by this bill.

(Sec. 529) Prohibits funds from being used to transfer or release to or within the United States, its territories, or its possessions individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 530) Prohibits funds provided by this bill from being used for first-class travel.

(Sec. 531) Prohibits the use of funds provided by this bill to employ workers who are illegal workers under the Immigration and Nationality Act.

(Sec. 532) Prohibits funds provided by this bill from being used to pay award or incentive fees for contractor performance that is below satisfactory or fails to meet the basic requirements of a contract.

(Sec. 533) Requires DHS to ensure that new processes for screening aviation passengers and crews consider privacy and civil liberties consistent with applicable laws, regulations, and guidance.

(Sec. 534) Permits the USCIS to allocate specified funds from the Immigration Examinations Fee Account in FY2016 for an immigration integration grants program to provide services to individuals that have been lawfully admitted to the United States for permanent residence.

(Sec. 535) Provides appropriations to the Office of the Under Secretary for Management to remain available until expended for consolidation of the new DHS headquarters and related mission support activities.

(Sec. 536) Prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.

(Sec. 537) Provides appropriations to remain available through FY2017 for financial systems modernization. Permits the funds to be transferred between appropriations accounts for the same purpose if Congress is notified in advance.

(Sec. 538) Permits DHS to transfer specified funds to respond to an immigration emergency if Congress is notified in advance.

(Sec. 539) Permits DHS to sell Service Processing Centers or other ICE owned detention facilities and use the proceeds for improvements to existing facilities, provided that Congress is notified in advance and the sale does not result in the maintenance of fewer than 34,000 detention beds.

 (Sec. 540) Requires DHS to enforce all immigration laws.

(Sec. 541) Prohibits the use of funds provided by this bill for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

 (Sec. 542) Prohibits a federal law enforcement officer from using funds provided by this bill to transfer a firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm.

(Sec. 543) Prohibits funds from being used for the National Preparedness Grant Program or successor programs unless explicitly authorized by Congress.

(Sec. 544) Prohibits funds provided by this bill from being used to fund the position of Public Advocate within ICE.

(Sec. 545) Amends the Consolidated Appropriations Act, 2014 to increase from 5 to 10 the number of reimbursable agreements the CBP is permitted to enter into with airports for services at ports of entry relating to customs, agricultural processing, border security, and immigration inspection-related matters.

 (Sec. 546) Sets forth restrictions and reporting requirements for the use of funds provided by this bill to attend international conferences.

(Sec. 547) Prohibits funds provided by this bill from being used to reimburse any federal department or agency for participation in a National Special Security Event.

(Sec. 548) Prohibits funds provided by this bill from being used for new CBP air preclearance agreements entering into force after February 1, 2015, unless:

 DHS certifies to Congress that air preclearance operations at the airport provide a homeland or national security benefit, U.S. passenger air carriers are not precluded from operating at existing preclearance locations, and a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations. (Sec. 549) Prohibit TSA from using funds to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which TSA provided monitoring as of December 1, 2013.

(Sec. 550) Provides for the temporary reemployment of administrative law judges for arbitration of disputes related to the delivery of assistance under the FEMA Public Assistance Program.

(Sec. 551) Provides that fees collected from passengers from Canada, Mexico, or an adjacent island, pursuant to the United States-Colombia Trade Promotion Agreement Implementation Act and the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be available until expended.

(Sec. 552) Prohibits funds from being used for structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5 million in a single year without notifying Congress in advance.

(Sec. 553) Requires agencies receiving funds in this bill to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

 (Sec. 554) Permits certain grants awarded to states along the Southwest Border under the Homeland Security Act of 2002 to be used to provide humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor where they are encountered after entering the United States.

 (Sec. 555) Permits the TSA to reprogram Aviation Security funds or transfer Transportation Security Support funds for private screening contract awards made by the Screening Partnership Program.

(Sec. 556) Requires DHS major acquisition programs to meet established acquisition documentation requirements.

(Sec. 557) Withholds acquisition funds from specified CBP, Coast Guard, and FEMA accounts until specified acquisition documentation requirements are met.

(Sec. 558) Requires the DHS FY2017 budget request and accompanying justifications to be reorganized using a specified account structure.

(Sec. 559) Prohibits funds provided by this bill from being used to approve, license, facilitate, authorize, or allow the trafficking or import of property confiscated by the Cuban government.

(Sec. 560) Prohibits the use of funds to expand the Deferred Action for Childhood Arrivals program or for the proposed Deferred Action for Parents of Americans and Lawful Permanent Residents program while a specified preliminary injunctive order remains in effect.

(Sec. 561) Amends the Immigration and Nationality Act to modify provisions regarding aliens who are considered returning workers and are not counted against limitations on the number of temporary workers and trainees that may be issued visas or otherwise provided nonimmigrant status in a fiscal year.

(Sec. 562) Prohibits funds provided by this bill from being used for the creation or continued use by TSA personnel of metal badges resembling law enforcement badges.

(Sec. 563) Prohibits ICE from using funds provided by this bill for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.

 (Sec. 564) Prohibits ICE from requiring any person to perform or facilitate the performance of an abortion.

(Sec. 565) States that the restrictions in the preceding section do not remove the obligation of ICE to provide escort services necessary for a female detainee to receive services outside of the detention facility.

(Sec. 566) Prohibits the release from custody of any alien described in the Priority 1 (threats to national security, border security, and public safety) or Priority 2 (misdemeanants and new immigration violators) categories in the November 20, 2014, memorandum from the Secretary of Homeland Security entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants."

(Sec. 567) Makes sanctuary cities ineligible to receive any DHS grant funded under the Federal Emergency Management Agency--State and Local Programs account. (A sanctuary city is a state or a political subdivision that has in place a statute, policy, or practice that prohibits local law enforcement officers from assisting or cooperating with federal immigration law enforcement.)

(Sec. 568) Rescinds specified amounts from several DHS accounts and programs.

(Sec. 569) Rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.

(Sec. 570) Rescinds specified unobligated balances from the Federal Emergency Management Agency--Disaster Relief Fund.

(Sec. 571) Establishes a spending reduction account for the amount by which spending proposed in this bill exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)