Library / Laws / 113th / hr / H.R. 2217 / Reported in Senate
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 Security for the fiscal year ending September 30, 2014, 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,
2014, and for other purposes, namely:
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
executive management of the Department of Homeland Security, 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:
Provided further, That
all official costs associated with the use of government aircraft by Department
of Homeland Security personnel to support official travel of the Secretary 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
Secretary:
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
section
1105(a) of title 31, United States Code, expenditure plans for
the Office of Policy, the Office for Intergovernmental Affairs, the Office for
Civil Rights and Civil Liberties, the Citizenship and Immigration Services
Ombudsman, 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
representation 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 alteration and
improvement of facilities, tenant improvements, and relocation costs to
consolidate Department headquarters 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
contained in House Report 112–331, submit to the Committees on Appropriations
of the Senate and the House of Representatives at the time the President's
budget proposal 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 information 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 Financial Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (6 U.S.C. 113),
$41,242,000, of which
$4,000,000 shall remain available until
September 30, 2015, for financial systems modernization efforts:
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 Program and a comprehensive report compiled in conjunction
with the Government Accountability Office that details updated missions, goals,
strategies, priorities, along with performance metrics that are measurable,
repeatable, and directly 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 Information Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (6 U.S.C. 113), and
Department-wide technology investments,
$210,735,000; of which
$99,397,000 shall be available for salaries and
expenses; and of which $111,338,000, to remain
available until September 30, 2015, shall be available for development and
acquisition of information technology equipment, software, services, and
related activities for the Department of Homeland Security:
Provided, That the Department 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 reimbursable agreements, that
includes—
(1) the proposed appropriations included for
each project and activity tied to mission requirements, program management
capabilities, performance levels, and specific capabilities and services to be
delivered;
(2) the total estimated cost and projected
timeline of completion for all multi-year enhancements, modernizations, and new
capabilities that are proposed in such budget or underway;
(3) a detailed accounting of operations and
maintenance and contractor services costs; and
(4) a current acquisition program baseline for
each project, that—
(A) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of completion from the
original acquisition program baseline;
(B) aligns the acquisition programs covered by
the baseline to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how each increment will address such known
capability gaps; and
(C) defines life-cycle costs for such
programs.
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
September 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
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;
$8,275,983,000; 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) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding 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 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 payment
for rental space in connection with preclearance operations; 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 Homeland Security:
Provided, That for fiscal year
2014, the overtime limitation prescribed in section 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 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 excessive costs, or in cases of immigration emergencies:
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 remain 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,
infrastructure, 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,
maintenance, and procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine program, including
salaries and expenses and 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;
$802,741,000; of which
$292,791,000 shall be available for salaries and
expenses; 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 Committees 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 Representatives, 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 heading 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 relating 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 Representatives, 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
immigration and customs laws, detention and removals, and investigations,
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 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)); 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 compensate any employee
for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland
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 deportable, and to remove them from the
United States once they are judged deportable:
Provided further, That
the Secretary of Homeland Security shall prioritize the identification 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 provided, not less than
$2,835,581,000 is for detention and removal
operations, including transportation of unaccompanied 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:
Provided 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 authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department
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 detention 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 subsequent
performance evaluation system:
Provided further, That
nothing under this heading shall prevent U.S. Immigration 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
enforcement automated systems, $34,900,000, to
remain available 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 available until September
30, 2017.
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; 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 aviation security
direction and enforcement:
Provided further, That
of the amount made available in the preceding proviso 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 (increased by
$31,810,000) shall be available for the
Screening 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
security service fees authorized under
section
44940 of title 49, United States Code, shall be credited to
this appropriation as offsetting collections and shall be available only for
aviation security:
Provided further, That
the sum appropriated 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:
Provided 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 detection systems or for the issuance of other transaction
agreements for the purpose of funding projects described in section 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 Transportation Security Administration that would
cause the agency 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 Appropriations of the
Senate and the House of Representatives a detailed report
on—
(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;
(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, That Members of the
Senate and House of Representatives, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy Secretary,
Under Secretaries, and Assistant 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 Security Administration related to surface
transportation security 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 implementation 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 Security Administration related to transportation
security support and intelligence pursuant to the Aviation and Transportation
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 air cargo security, checkpoint support, and
explosives detection systems refurbishment, procurement, and installations on
an airport-by-airport basis for fiscal year 2014 and the completion of a
security assessment measuring the effectiveness of using the Transportation
Worker Identification Credential:
Provided further, That
the Administrator of the Transportation Security Administration shall submit to
the Committees 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 expenditure plans
and report detailed in the preceding proviso.
Federal air
marshals
For necessary
expenses of the Federal Air Marshal Service,
$821,107,000:
Provided, That the Director of the
Federal Air Marshal Service shall submit to the Committees on Appropriations of
the Senate and the House of Representatives not later than 45 days after the
date of enactment of this Act a detailed, classified expenditure and staffing
plan for ensuring optimal coverage of high-risk
flights.
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 note; 96 Stat. 1920);
and recreation and welfare; $6,839,416,000; of
which $340,000,000 shall be for defense-related
activities, of which $24,500,000 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)); and of which not to exceed
$15,300 shall be for official reception and
representation expenses:
Provided, That none of the funds
made available by this Act shall be for expenses incurred for recreational
vessels under section 12114 of title 46, United
States Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation:
Provided further, That
of the funds provided under this heading,
$167,683,000 shall be withheld from obligation
for Coast Guard Headquarters Directorates until a revised future-years capital
investment plan for fiscal years 2015 through 2019, as specified under the
heading Coast Guard Acquisition, Construction, and Improvements
of this Act is submitted to the Committees on Appropriations of the Senate and
the House of Representatives.
Environmental compliance and
restoration
For necessary
expenses to carry out the environmental compliance and restoration functions of
the Coast Guard under
chapter 19 of title 14,
United States Code, $13,164,000, to remain
available until September 30, 2018.
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;
$112,991,000.
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; $1,222,712,000; 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, to remain available until September 30, 2018 (except as
subsequently specified), shall be available as follows:
$18,000,000 shall be available for military
family housing, of which not more than
$6,828,691 shall be derived from the Coast Guard
Housing Fund established pursuant to
14 U.S.C.
687; $860,553,000 shall be
available to acquire, effect major repairs to, renovate, or improve vessels,
small boats, and related equipment; $149,710,000
shall be available to acquire, effect major repairs to, renovate, or improve
aircraft or increase aviation capability;
$74,930,000 shall be available for other
acquisition programs; $5,000,000 shall be
available for shore facilities and aids to navigation, including waterfront
facilities at Navy installations used by the Coast Guard; and
$114,519,000, to remain available until
September 30, 2014, shall be available for personnel compensation and benefits
and related costs:
Provided, That the funds provided
by this Act shall be immediately available and allotted to contract for the
production of the seventh National Security Cutter notwithstanding the
availability of funds for post-production costs:
Provided further, That
the funds provided by this Act shall be immediately available and allotted to
contract for long lead time materials, components, and designs for the eighth
National Security Cutter notwithstanding the availability of funds for
production costs or post-production costs:
Provided further, That
the Commandant of the Coast Guard 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 future-years capital
investment plan for the Coast Guard that identifies for each requested capital
asset—
(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, That the Commandant
of the Coast Guard shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent practicable, with
proposed appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget proposal for fiscal
year 2015 is submitted pursuant to
section
1105(a) of title 31, United States Code, for that fiscal year:
Provided further,
That any inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified:
Provided further,
That subsections (a) and (b) of section 6402 of
Public Law
110–28 shall apply with respect to the amounts made available
under this heading.
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; $9,928,000, to
remain available until September 30, 2015, 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 appropriation funds received from
State and local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development, testing, and
evaluation.
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 of title 10,
United States Code, $1,460,000,000, to remain
available until expended.
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
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; 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; $1,534,589,000; 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 $2,358,000
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, 2015; and of which not
less than $8,000,000 shall be for activities
related to training in electronic crimes investigations and forensics:
Provided, That
$18,000,000 for protective travel shall remain
available until September 30, 2015:
Provided further, That
$4,500,000 for National Special Security Events
shall remain available until September 30, 2015:
Provided further, That
the United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as defined
in section
105 of title 5, United States Code, for personnel receiving
training sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total budgetary
resources available under this heading at the end of the fiscal year:
Provided further, That
none of the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that amount as necessary
for national security purposes:
Provided further, That
none of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of Homeland Security:
Provided further, That
the Director of the Secret Service may enter into an agreement to provide such
protection on a fully reimbursable basis:
Provided further, That
none of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless the
Committees on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such obligation:
Provided further, That
for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less,
may be transferred between Protection of Persons and Facilities
and Domestic Field Operations.
Acquisition, construction,
improvements, and Related Expenses
For necessary expenses for acquisition,
construction, repair, alteration, and improvement of physical and technological
infrastructure, $51,775,000; of which
$5,380,000, to remain available until September
30, 2018, shall be for acquisition, construction, improvement, and maintenance
of facilities; and of which $46,395,000, to
remain available until September 30, 2016, shall be for information integration
and technology transformation execution:
Provided, That the Director of the
Secret Service 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 for its Information Integration and Technology
Transformation program that describes funding for the current fiscal year and
the following 3 fiscal years, with associated plans for systems acquisition and
technology deployment.
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 and the Offices of the Assistant Secretaries for the
National Protection and Programs Directorate, support for operations, and
information technology, $50,522,000:
Provided, That not to exceed
$3,825 shall be for official reception and
representation expenses.
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.), $1,176,629,000, of
which $200,000,000, shall remain available until
September 30, 2015:
Provided, That of the total amount
provided for the Infrastructure Security Compliance program,
project, and activity, $20,000,000 shall be
withheld from obligation until the Under Secretary for the National Protection
and Programs Directorate submits to the Committees on Appropriations of the
Senate and the House of Representatives an expenditure plan for the Chemical
Facility Anti-Terrorism Standards program that includes the number of
facilities covered by the program, inspectors on-board, inspections pending,
and inspections projected to be completed by September 30,
2014.
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.
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), $232,190,000:
Provided, That of the total amount
made available under this heading, $113,956,000
shall remain available until September 30, 2016:
Provided further, That
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, not later than
60 days after the date of enactment of this Act, an expenditure plan for the
Office of Biometric Identity Management:
Provided further, That
the Secretary shall submit to the Committees on Appropriations of the Senate
and the House of Representatives at the time the President's budget is
submitted each year under
section
1105(a) of title 31, United States Code, a multi-year
investment and management plan for the Office of Biometric Identity Management
program, to include each fiscal year starting with the current fiscal year and
the 3 subsequent fiscal years, that provides—
(1) the proposed
appropriation for each activity tied to mission requirements and outcomes,
program management capabilities, performance levels, and specific capabilities
and services to be delivered, noting any deviations in cost or performance from
the prior fiscal years expenditure or investment and management plan for United
States Visitor and Immigrant Status Indicator Technology;
(2) the total
estimated cost, projected funding by fiscal year, and projected timeline of
completion for all enhancements, modernizations, and new capabilities proposed
in such budget and underway, including and clearly delineating associated
efforts and funds requested by other agencies within the Department of Homeland
Security and in the Federal Government and detailing any deviations in cost,
performance, schedule, or estimated date of completion provided in the prior
fiscal years expenditure or investment and management plan for United States
Visitor and Immigrant Status Indicator Technology; and
(3) a detailed
accounting of operations and maintenance, contractor services, and program
costs associated with the management of identity services.
Office of health affairs
For necessary expenses of the Office of
Health Affairs, $123,425,000; of which
$25,072,000 is for salaries and expenses; and of
which $79,534,000 is for BioWatch operations:
Provided, That of the amount made
available under this heading, $18,819,000 shall
remain available until September 30, 2015, for biosurveillance, chemical
defense, medical and health planning and coordination, and workforce health
protection:
Provided further, That
not to exceed $2,250 shall be for official
reception and representation expenses.
Federal emergency management
agency
Salaries and expenses
For necessary expenses of the Federal
Emergency Management Agency, $914,795,000
(increased by $7,667,000), 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.), the Cerro Grande Fire Assistance Act of
2000 (division C, title I, 114 Stat. 583), the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947
(50 U.S.C.
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110–53), the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the
Post-Katrina Emergency Management Reform Act of 2006 (Public Law
109–295; 120 Stat. 1394), and the Biggert-Waters Flood
Insurance Reform Act of 2012 (Public Law 112–141, 126 Stat. 916):
Provided, That not to exceed
$2,250 shall be for official reception and
representation expenses:
Provided further, That
of the total amount made available under this heading,
$27,513,000 (increased by
$7,667,000) shall be for the Urban Search and
Rescue Response System, of which none is available for Federal Emergency
Management Agency administrative costs:
Provided further, That
of the total amount made available under this heading,
$22,000,000 shall remain available until
September 30, 2015, for capital improvements and other expenses related to
continuity of operations at the Mount Weather Emergency Operations
Center.
State and local
programs
For grants contracts,
cooperative agreements, and other activities,
$1,500,000,000 (reduced by
$97,500,000) (increased by
$97,500,000) (reduced by
$97,500,000) (increased by
$97,500,000), which shall be allocated as
follows:
(1) Notwithstanding section 503 of this Act,
$1,264,826,000 (reduced by
$97,500,000) (increased by
$97,500,000) shall be distributed, according to
threat, vulnerability, and consequence, at the discretion of the Secretary of
Homeland Security based on the following authorities:
(A) The State Homeland
Security Grant Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C.
605):
Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2014, the Commonwealth
of Puerto Rico shall make available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this paragraph in accordance
with subsection (c)(1) of such section 2004.
(B) Operation
Stonegarden.
(C) The Urban Area
Security Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C.
604).
(D) Organizations (as
described under section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high risk of a
terrorist attack.
(E) Public
Transportation Security Assistance and Railroad Security Assistance, under
sections 1406 and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135 and 1163), including Amtrak security:
Provided, That such public
transportation security assistance shall be provided directly to public
transportation agencies.
(F) Port Security
Grants in accordance with 46 U.S.C. 70107.
(G) Over-the-Road Bus
Security Assistance under section 1532 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110–53;
6 U.S.C.
1182).
(H) The Metropolitan
Medical Response System under section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 723).
(I) The Citizen Corps
Program.
(J) The Driver’s
License Security Grants Program in accordance with section 204 of the REAL ID
Act of 2005 (49
U.S.C. 30301 note).
(K) The Interoperable
Emergency Communications Grant Program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579).
(L) Emergency
Operations Centers under section 614 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5196c).
(M) The Buffer Zone
Protection Program Grants.
(N) Regional
Catastrophic Preparedness Grants.
(2) $235,174,000
shall be to sustain current operations for training, exercises, technical
assistance, and other programs, of which
$157,991,000 shall be for training of State,
local, and tribal emergency response providers:
Provided,
That of the amounts provided in paragraph (1) under this heading,
$55,000,000 shall be for operation Stonegarden;
Provided further,
That for grants under paragraph (1), applications for grants shall be made
available to eligible applicants not later than 60 days after the date of
enactment of this Act, that eligible applicants shall submit applications not
later than 80 days after the grant announcement, and the Administrator of the
Federal Emergency Management Agency shall act within 65 days after the receipt
of an application:
Provided further,
That notwithstanding section 2008(a)(11) of the Homeland Security Act of 2002
(6 U.S.C.
609(a)(11)), or any other provision of law, a grantee may not
use more than 5 percent of the amount of a grant made available under this
heading for expenses directly related to administration of the grant:
Provided further,
That for grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a building or other
physical facility:
Provided further,
That grantees shall provide reports on their use of funds, as determined
necessary by the Secretary of Homeland Security.
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.),
$675,000,000 (increased by
$5,000,000), to remain available until September
30, 2015, of which $337,500,000 (increased by
$2,500,000) shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and
$337,500,000 (increased by
$2,500,000) shall be available to carry out
section 34 of that Act (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.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$350,000,000.
Radiological emergency
preparedness program
The
aggregate charges assessed during fiscal year 2014, as authorized in title III
of the Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be
less than 100 percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the
next fiscal year:
Provided, That the methodology for
assessment and collection of fees shall be fair and equitable and shall reflect
costs of providing such services, including administrative costs of collecting
such fees:
Provided further, That
fees received under this heading shall be deposited in this account as
offsetting collections and will become available for authorized purposes on
October 1, 2014, and remain available until September 30,
2016.
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.), $42,162,000 (increased by
$1,838,000).
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.), $6,220,908,000, to remain
available until expended, of which $24,000,000
shall be transferred to the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters:
Provided, That the Administrator
of the Federal Emergency Management Agency shall submit an expenditure plan to
the Committees on Appropriations of the House of Representatives and the Senate
detailing the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act:
Provided further,
That the Administrator shall submit to such Committees a quarterly report
detailing obligations against the expenditure plan and a justification for any
changes from the initial plan:
Provided further,
That the Administrator shall submit to such Committees the following reports,
including a specific description of the methodology and the source data used in
developing such reports:
(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 2015 is submitted pursuant to
section
1105(a) of title 31, United States Code:
(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) 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 website not later than the
eleventh 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).
(E) The date on which
funds appropriated will be exhausted:
Provided further, That the
Administrator shall publish on the Agency's website not later than 24 hours
after an award of a public assistance grant under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) the specifics of
the grant award:
Provided further,
That for any mission assignment or mission assignment task order to another
Federal department or agency regarding a major disaster, not later than 24
hours after the issuance of the mission assignment or task order, the
Administrator shall publish on the Agency's website the following: the name of
the impacted State and the disaster declaration for such State, the assigned
agency, the assistance requested, a description of the disaster, the total cost
estimate, and the amount obligated:
Provided further,
That not later than 10 days after the last day of each month until the mission
assignment or task order is completed and closed out, the Administrator shall
update any changes to the total cost estimate and the amount obligated:
Provided further,
That of the amount provided under this heading,
$5,626,386,000 is for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et
seq.):
Provided further,
That the amount in the preceding proviso is designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
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) and under sections
100215, 100216, 100226, 100230, and 100246 of the Biggert-Waters Flood
Insurance Reform Act of 2012 (Public Law 112–141, 126 Stat. 917),
$95,202,000, and such additional sums as may be
provided by State and local governments or other political subdivisions for
cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C.
4101(f)(2)), to remain available until
expended.
National flood insurance fund
For activities under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), and the
Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law
112–141, 126 Stat. 916),
$176,300,000, which shall be derived from
offsetting amounts collected under section 1308(d) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(d)); of which not to
exceed $22,000,000 shall be available for
salaries and expenses associated with flood mitigation and flood insurance
operations; and not less than $154,300,000 shall
be available for flood plain management and flood mapping, to remain available
until September 30, 2015:
Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C.
4015(d)) shall be credited as an offsetting collection to this
account, to be available for flood plain management and flood mapping:
Provided further, That
in fiscal year 2014, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in excess
of:
(1) $132,000,000
for operating expenses;
(2) $1,152,000,000
for commissions and taxes of agents;
(3) such sums as are necessary for interest on
Treasury borrowings; and
(4) $100,000,000,
which shall remain available until expended, for flood mitigation actions under
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c):
Provided further,
That the amounts collected under section 102 of the Flood Disaster Protection
Act of 1973 (42
U.S.C. 4012a) and section 1366(e) of the National Flood
Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund
to supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding subsection (f)(8) of such
section 102 (42
U.S.C. 4012a(f)(8)) and subsection 1366(e) and paragraphs (2)
and (3) of section 1367(b) of the National Flood Insurance Act of 1968
(42 U.S.C.
4104c(e), 4104d(b)(2)–(3)):
Provided further,
That total administrative costs shall not exceed 4 percent of the total
appropriation.
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),
$22,500,000 (increased by
$7,655,000) to remain available until
expended.
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.),
$120,000,000, to remain available until
expended:
Provided, That total administrative
costs shall not exceed 3.5 percent of the total amount made available under
this heading.
IV
Research and development,
training, and services
United states citizenship and
immigration services
For
necessary expenses for citizenship and immigration services,
$114,213,000 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 note), to assist
United States employers with maintaining a legal workforce:
Provided, That notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for areas where the
Administrator of General Services does not provide vehicles for lease:
Provided further, That
the Director of United States Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of
employment.
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 of title 5, United States Code;
$227,845,000; of which
$300,000 shall remain available until expended
to be distributed to Federal law enforcement agencies for expenses incurred
participating in training accreditation; and of which not to exceed
$9,180 shall be for official reception and
representation expenses:
Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from agencies
receiving training sponsored by the Center, except that total obligations at
the end of the fiscal year shall not exceed total budgetary resources available
at the end of the fiscal year:
Provided further, That
section 1202(a) of
Public Law
107–206 (42 U.S.C. 3771 note), as amended
under this heading in division D of
Public Law
113–6 is further amended by striking December 31,
2015 and inserting December 31, 2016:
Provided further, That
the Director of the Federal Law Enforcement Training Center shall schedule
basic or advanced law enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement Training Center to
ensure that such training facilities are operated at the highest capacity
throughout the fiscal year:
Provided further, That
the Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, shall lead the
Federal law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors.
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, $30,885,000, to remain available until
September 30, 2018:
Provided, That the Center is
authorized to accept reimbursement to this appropriation from government
agencies requesting the construction of special use
facilities.
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.),
$129,000,000:
Provided, That not to exceed
$7,650 shall be for official reception and
representation expenses:
Providedfurther,
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, a report outlining
reforms to research and development programs, as specified in the accompanying
report.
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,
$1,096,488,000; of which
$548,703,000 shall remain available until
September 30, 2016; and of which $547,785,000
shall remain available until September 30, 2018, solely for operation and
construction of laboratory facilities:
Provided, That of the funds
provided for the operation and construction of laboratory facilities under this
heading, $404,000,000 shall be for construction
of the National Bio- and Agro-defense Facility.
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.), for management and administration of programs and
activities, $37,353,000:
Provided, That not to exceed
$2,250 shall be for official reception and
representation expenses:
Provided further, That
not later than 60 days after the date of enactment of this Act, the Secretary
of Homeland Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a strategic plan of investments
necessary to implement the Department of Homeland Security's responsibilities
under the domestic component of the global nuclear detection architecture that
shall:
(1) define the role and responsibilities of
each Departmental component in support of the domestic detection architecture,
including any existing or planned programs to pre-screen cargo or conveyances
overseas;
(2) identify and describe the specific
investments being made by each Departmental component in fiscal year 2014 and
planned for fiscal year 2015 to support the domestic architecture and the
security of sea, land, and air pathways into the United States;
(3) describe the investments necessary to close
known vulnerabilities and gaps, including associated costs and timeframes, and
estimates of feasibility and cost effectiveness; and
(4) explain how the Department's research and
development funding is furthering the implementation of the domestic nuclear
detection architecture, including specific investments planned for each of
fiscal years 2014 and 2015.
Research, development, and
operations
For necessary
expenses for radiological and nuclear research, development, testing,
evaluation, and operations, $211,210,000, to
remain available until September 30, 2015.
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,
$42,600,000, to remain available until September
30, 2016.
V
General
provisions
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 2014, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that:
(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 2014 Budget Appendix
for the Department of Homeland Security, as modified by the report accompanying
this Act, unless the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such reprogramming of
funds.
(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 2014, or provided from any accounts in the Treasury
of the United States derived by the collection of fees or proceeds available to
the agencies funded by this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a reprogramming of
funds in excess of $5,000,000 or 10 percent,
whichever is less, that:
(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, That any transfer under
this section shall be treated as a reprogramming of funds under subsection (b)
and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are notified 15
days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and
(c) of this section, no funds shall be reprogrammed within or transferred
between appropriations 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.
(a) The Department of
Homeland Security Working Capital Fund, established pursuant to section 403 of
Public Law
103–356 (31 U.S.C. 501 note), shall continue
operations as a permanent working capital fund for fiscal year 2014:
Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland Security
may be used to make payments to the Working Capital Fund, except for the
activities and amounts allowed in the President's fiscal year 2014 budget:
Provided further,
That funds provided to the Working Capital Fund shall be available for
obligation until expended to carry out the purposes of the Working Capital
Fund:
Provided further,
That all departmental components shall be charged only for direct usage of each
Working Capital Fund service:
Provided further,
That funds provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component:
Provided further,
That the Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service:
Provided further,
That the Working Capital Fund shall be subject to the requirements of section
503 of this Act.
(b) The amounts
appropriated in this Act are hereby reduced by
$250,000,000 to reflect cash balance and rate
stabilization adjustments in the Working Capital Fund.
505. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances remaining available at
the end of fiscal year 2014 from appropriations for salaries and expenses for
fiscal year 2014 in this Act shall remain available through September 30, 2015,
in the account and for the purposes for which the appropriations were provided:
Provided, That prior to the
obligation of such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for approval in
accordance with section 503 of this Act.
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) during fiscal year 2014 until the enactment of an Act
authorizing intelligence activities for fiscal year 2014.
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 or a task or delivery order that would cause cumulative
obligations of multi-year funds in a single account to exceed 50 percent of the
total amount appropriated;
(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 and each program, project,
and activity 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 of title 40,
United States Code, has not been approved, except that necessary funds may be
expended for each project for required expenses for the development of a
proposed prospectus.
510.
(a) Sections 520, 522, and 530 of the
Department of Homeland Security Appropriations Act, 2008 (division E of
Public Law
110–161; 121 Stat. 2073 and 2074) shall apply with respect to
funds made available in this Act in the same manner as such sections applied to
funds made available in that Act.
(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 means
chapter 83 of title 41,
United States Code.
512. None of the funds made available in this
Act may be used by any person other than the Privacy Officer appointed under
subsection (a) of section 222 of the Homeland Security Act of 2002
(6 U.S.C.
142(a)) to alter, direct that changes be made to, delay, or
prohibit the transmission to Congress of any report prepared under paragraph
(6) of such subsection.
513. 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).
514. Within 45 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.
515. Except as provided in
section
44945 of title 49, United States Code, funds appropriated or
transferred to Transportation Security Administration Aviation
Security, Administration, and Transportation
Security Support for fiscal years 2004 and 2005 that are recovered or
deobligated shall be available only for the procurement or installation of
explosives detection systems, air cargo, baggage, and checkpoint screening
systems, subject to notification:
Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the Senate and the
House of Representatives on any funds that are recovered or deobligated.
516. Any funds appropriated to Coast Guard
Acquisition, Construction, and Improvements for fiscal years
2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended for
the Fast Response Cutter program.
517. Section 532(a) of
Public Law
109–295 (120 Stat. 1384) is amended by striking
2013 and inserting 2014.
518. The functions of the Federal Law
Enforcement Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory Reform Act of
1998 (31 U.S.C.
501 note).
519.
(a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2014, 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
2014.
(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, 2015.
520. None of the funds provided by this or
previous appropriations Acts shall be used to fund any position designated as a
Principal Federal Official (or the successor thereto) for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies unless—
(1) the
responsibilities of the Principal Federal Official do not include operational
functions related to incident management, including coordination of operations,
and are consistent with the requirements of section 509(c) and sections
503(c)(3) and 503(c)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C. 319(c) and
313(c)(3) and 313(c)(4)(A)) and section 302 of the Robert T. Stafford Disaster
Relief and Assistance Act (42 U.S.C. 5143);
(2) not later than 10
business days after the latter of the date on which the Secretary of Homeland
Security appoints the Principal Federal Official and the date on which the
President issues a declaration under section 401 or section 501 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and
5191, respectively), the Secretary of Homeland Security shall submit a
notification of the appointment of the Principal Federal Official and a
description of the responsibilities of such Official and how such
responsibilities are consistent with paragraph (1) to the Committees on
Appropriations of the Senate and the House of Representatives, the
Transportation and Infrastructure Committee of the House of Representatives,
and the Homeland Security and Governmental Affairs Committee of the Senate;
and
(3) not later than 60
days after the date of enactment of this Act, the Secretary shall provide a
report specifying timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise protocols, to ensure
consistency with paragraph (1) of this section.
521. 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).
522. 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.
523. Section 831 of the Homeland Security Act of
2002 (6 U.S.C.
391) is amended—
(1) in subsection (a), by striking Until
September 30, 2013, and inserting Until September 30,
2014,;
(2) in subsection (c)(1), by striking
September 30, 2013, and inserting September 30,
2014,.
524. 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).
525. None of the funds made available to the
Office of the Secretary and Executive Management under this Act may be expended
for any new hires by the Department of Homeland Security that are not verified
through 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
note).
526. 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, That this section shall
apply only to individuals transporting on their person a personal-use quantity
of the prescription drug, not to exceed a 90-day supply:
Provided further,
That the prescription drug may not be—
(1) a controlled substance, as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section
351 of the Public Health Service Act (42 U.S.C. 262).
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(g)(4)(B) of title 31, United States Code (as added by
Section 638 of 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
Appropriations of the Senate and the House of Representatives approve the
proposed transfers.
528. None of the funds made available in this
Act may be used for planning, testing, piloting, or developing a national
identification card.
529. If the Administrator of the Transportation
Security Administration determines that an airport does not need to participate
in 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
note), the Administrator shall certify to the Committees on Appropriations of
the Senate and the House of Representatives that no security risks will result
from such non-participation.
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 means
the Administrator of the Federal Emergency Management Agency; and
(2) the term major disaster has
the meaning given that term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (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 note), as amended by section 537 of the Department of
Homeland Security Appropriations Act, 2013 (Public Law
113–6), is further amended by striking on October 4,
2013 and inserting on October 4, 2014.
533. None of the funds appropriated or otherwise
made available in this or any other 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 or
any other Act for fiscal year 2014 and thereafter may be used to propose or
effect a disciplinary or adverse action, with respect to any Department of
Homeland Security employee who engages regularly with the public in the
performance of his or her official duties solely because that employee elects
to utilize protective equipment or measures, including but not limited to
surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of such
equipment or measures is in accord with Department of Homeland Security policy
and Centers for Disease Control and Prevention and Office of Personnel
Management guidance.
536. 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)).
537.
(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 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; and
(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 be known as the Sponsoring
Entity.
(c) The Administrator
shall 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.
538. 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.
539.
(a) Not later than 180 days after the date of
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, a report that either—
(1) certifies that the requirement for
screening all air cargo on passenger aircraft by the deadline under
section
44901(g) of title 49, United States Code, has been met;
or
(2) includes a strategy to comply with the
requirements under title 44901(g) of title 49, United States Code,
including—
(A) a plan to meet the requirement under
section
44901(g) of title 49, United States Code, to screen 100 percent
of air cargo transported on passenger aircraft arriving in the United States in
foreign air transportation (as that term is defined in section 40102 of that
title); and
(B) specification of—
(i) the percentage of such air cargo that is
being screened; and
(ii) the schedule for achieving screening of 100
percent of such air cargo.
(b) The Administrator shall continue to submit
reports described in subsection (a)(2) every 180 days thereafter until the
Administrator certifies that the Transportation Security Administration has
achieved screening of 100 percent of such air cargo.
540. 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.
541.
(a) Notwithstanding
section
1356(n) of title 8, United States Code, of the funds deposited
into the Immigration Examinations Fee Account,
$10,000,000 may be allocated by United States
Citizenship and Immigration Services in fiscal year 2014 for the purpose of
providing an immigrant integration grants program.
(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.
542. 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 of title 10,
United States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without regard
to the above referenced statutes.
543.
(a) For an additional amount for data center
migration, $34,200,000.
(b) Funds made available in subsection (a) for
data center migration 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.
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, That the proceeds, net
of the costs of sale incurred by the General Services Administration and U.S.
Immigration and Customs Enforcement, shall be deposited as offsetting
collections into a separate account that shall be available, subject to
appropriation, until expended for other real property capital asset needs of
existing U.S. Immigration and Customs Enforcement assets, excluding daily
operations and maintenance costs, as the Secretary deems appropriate:
Provided further,
That any sale or collocation of federally owned detention facilities shall not
result in the maintenance of fewer than 34,000 detention beds:
Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the announcement of any
proposed sale or collocation.
545. None of the funds made available under this
Act or any prior appropriations Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its affiliates,
subsidiaries, or allied organizations.
546. The Commissioner of U.S. Customs and Border
Protection and the Assistant Secretary of Homeland Security for U.S.
Immigration and Customs Enforcement shall, with respect to fiscal years 2014,
2015, 2016, and 2017, 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 the requirements of
section
1105(a) of title 31, United States Code, the information
required in the multi-year investment and management plans required,
respectively, under the headings U.S. Customs and Border Protection,
Salaries and Expenses under title II of division D of the
Consolidated Appropriations Act, 2012 (Public Law 112–74), and U.S. Customs
and Border Protection, Border Security Fencing, Infrastructure, and
Technology under such title, and section 568 of such Act.
547. 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))).
548. The Secretary of Homeland Security shall
submit to the Committees on Appropriations of the House of Representatives and
the Senate, 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 report detailing the
fiscal policy that prescribes Coast Guard budgetary policies, procedures, and
technical direction necessary to comply with subsection (a) of section 557 of
division D of Public Law 113–6 (as required to be
developed under subsection (b) of such section).
549.
(a) Of the amounts made available by this Act
for National Protection and Programs Directorate, Infrastructure
Protection and Information Security,
$199,725,000 for the Federal Network
Security program, project, and activity shall be used to deploy on
Federal systems technology to improve the information security of agency
information systems covered by
section
3543(a) of title 44, United States Code:
Provided, That funds made
available under this section shall be used to assist and support
Government-wide and agency-specific efforts to provide adequate, risk-based,
and cost-effective cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition and operation of a
continuous monitoring and diagnostics program, in collaboration with
departments and agencies, that includes equipment, software, and Department of
Homeland Security supplied services:
Provided further,
That not later than April 1, 2014, and quarterly thereafter, the Under
Secretary of Homeland Security of the National Protection and Programs
Directorate shall submit to the Committees on Appropriations of the Senate and
House of Representatives a report on the obligation and expenditure of funds
made available under this section:
Provided further,
That continuous monitoring and diagnostics software procured by the funds made
available by this section shall not transmit to the Department of Homeland
Security any personally identifiable information or content of network
communications of other agencies' users:
Provided further,
That such software shall be installed, maintained, and operated in accordance
with all applicable privacy laws and agency-specific policies regarding network
content.
(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, 2014, the heads of all Federal agencies shall submit to the Committees
on Appropriations of the Senate and 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, 2014, and quarterly 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, That the Director of
the Office of Management and Budget shall summarize such execution reports and
annually submit such summaries to Congress in conjunction with the annual
progress report on implementation of the E-Government Act of 2002
(Public Law
107–347), as required by
section
3606 of title 44, United States Code.
(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.
550.
(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.
551. 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.
552. Fifty percent of each of the appropriations
provided in this Act for the Office of the Secretary and Executive
Management, the Office of the Under Secretary for
Management, and the Office of the Chief Financial
Officer shall be withheld from obligation until the reports and plans
required in this Act to be submitted on or before March 14, 2014, are received
by the Committees on Appropriations of the Senate and the House of
Representatives.
553. 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.
554. 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 U.S. Immigration and Customs Enforcement.
555. 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 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, That for purposes of
this section the term international conference shall mean a
conference occurring outside of the United States attended by representatives
of the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
556. None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to any corporation that was convicted (or had an officer or agent of
such corporation acting on behalf of the corporation convicted) of a felony
criminal violation under any Federal or State law within the preceding 24
months, where the awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation, or such officer or
agent, and made a determination that this further action is not necessary to
protect the interests of the Government.
557. None of the funds made available in this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation for which any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of the corporation and
made a determination that this further action is not necessary to protect the
interests of the Government.
558.
(a) The Secretary of Homeland Security shall
submit quarterly reports to the Inspector General of the Department of Homeland
Security regarding the costs and contracting procedures related to each
conference or ceremony (including commissionings and changes of command) held
by any departmental component or office in fiscal year 2014 for which the cost
to the United States Government was more than
$20,000.
(b) Each report submitted shall include, for
each conference or ceremony in subsection (a) held during the applicable
quarter—
(1) a description of its purpose;
(2) the number of participants
attending;
(3) a detailed statement of the costs to the
United States Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual
services;
(C) the cost of travel to and from the
conference or ceremony; and
(D) a discussion of the methodology used to
determine which costs relate to the conference or ceremony; and
(4) a description of the contracting procedures
used including—
(A) whether contracts were awarded on a
competitive basis; and
(B) a discussion of any cost comparison
conducted by the departmental component or office in evaluating potential
contractors for the conference or ceremony.
(c) A grant or contract funded by amounts
appropriated by this Act may not be used for the purpose of defraying the costs
of a conference or ceremony described in subsection (a) that is not directly
and programmatically related to the purpose for which the grant or contract was
awarded, such as a conference or ceremony held in connection with planning,
training, assessment, review, or other routine purposes related to a project
funded by the grant or contract.
(d) None of the funds made available in the Act
may be used for travel and conference activities that are not in compliance
with Office of Management and Budget Memorandum M–12–12 dated May 11,
2012.
559. None of the funds made available in this
Act may be used for pre-clearance operations in new locations unless the
required conditions relative to these operations and contained in the
accompanying report are met.
560. In making grants under the heading
‘‘Firefighter Assistance Grants’’, the Secretary shall grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2),
and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C.
2229a).
561. None of the funds made available in this
Act may be used to establish, collect, or otherwise impose a border crossing
fee for pedestrians or passenger vehicles at land ports of entry along the
Southern border or the Northern border, or to conduct any study relating to the
imposition of such a fee.
562. None of the funds made available by this
Act may be used to eliminate or reduce funding for a program, project or
activity as proposed in the President’s budget request for a fiscal year until
such proposed change is subsequently enacted in an appropriation Act, or unless
such change is made pursuant to the reprogramming or transfer provisions of
this Act.
563. None of the funds appropriated by this Act
for U.S. Immigration and Customs Enforcement shall be available to pay 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:
Provided, That should this
prohibition be declared unconstitutional by a court of competent jurisdiction,
this section shall be null and void.
564. None of the funds
appropriated by this Act for U.S. Immigration and Customs Enforcement shall be
used to require any person to perform, or facilitate in any way the performance
of, any abortion.
565. Nothing in the
preceding section shall remove the obligation of the Assistant Secretary of
Homeland Security for U.S. Immigration and Customs Enforcement to provide
escort services necessary for a female detainee to receive such service outside
the detention facility:
Provided, That nothing in this
section in any way diminishes the effect of section 564 intended to address the
philosophical beliefs of individual employees of U.S. Immigration and Customs
Enforcement.
566.
(a) The Secretary of Homeland Security shall
submit to Congress, 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 comprehensive report
on purchase and usage of ammunition by the Department of Homeland Security,
that includes—
(1) mission
requirements pertaining to ammunition, including certification, qualification,
training, and inventory requirements for each relevant Department component or
agency and a comparison of such requirements to the requirements of Federal law
enforcement agencies of the Department of Justice and the military components
of the Department of Defense; and
(2) details on all
contracting practices applied by the Department of Homeland Security to procure
ammunition, including comparative details regarding other contracting options
with respect to cost and availability.
(b) Beginning on April
15, 2014, and quarterly thereafter, the Secretary of Homeland Security shall
submit a report to Congress that includes—
(1) the quantity of
ammunition in inventory in the Department of Homeland Security at the end of
the preceding calendar quarter, subdivided by ammunition type, and how such
quantity aligns to mission requirements of each relevant Department of Homeland
Security component or agency;
(2) the quantity of
ammunition used by the Department of Homeland Security during the preceding
calendar quarter, subdivided by ammunition type, the purpose of such usage, the
average number of rounds used per agent or officer subdivided by ammunition
type, and how such usage aligns to mission requirements, including
certification, qualification, and training requirements, for each relevant
Department of Homeland Security component or agency; and
(3) the quantity of
ammunition purchased by the Department of Homeland Security during the
preceding calendar quarter, subdivided by ammunition type, and the associated
contract details of such purchase, for each relevant Department of Homeland
Security component or agency.
(rescissions)
567. 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, That no amounts may be
rescinded from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99–177), as amended:
(1) $14,500,000
from Public Law
111–83 under the heading Coast Guard Acquisition,
Construction, and Improvements;
(2) $21,612,000
from Public Law
112–10 under the heading Coast Guard Acquisition,
Construction, and Improvements;
(3) $41,000,000
from Public Law
112–74 under the heading Coast Guard Acquisition,
Construction, and Improvements; and
(4) $32,479,000
from Public Law
113–6 under the heading Coast Guard Acquisition,
Construction, and Improvements.
(rescission)
568. From the unobligated balances made
available in the Department of the Treasury Forfeiture Fund established by
section
9703 of title 31, United States Code, (added by section 638 of
Public Law
102–393) $100,000,000 shall be
permanently rescinded.
Spending reduction
account
569. The amount by
which the applicable allocation of new budget authority made by the Committee
on Appropriations of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of proposed new budget
authority is $0.
570. None of the funds made available by this
Act may be used to implement, administer, or enforce
section
1301(a) of title 31, United States Code, with respect to the
use of amounts made available by this Act for the Salaries and
Expenses and Air and Marine Operations accounts of U.S.
Customs and Border Protection for the expenses authorized to be paid in section
9 of the Jones Act (48 U.S.C. 795) and for the
collection of duties and taxes authorized to be levied, collected, and paid in
Puerto Rico, as authorized in section 4 of the Foraker Act (48 U.S.C. 740), in
addition to the more specific amounts available for such purposes in the Puerto
Rico Trust Fund pursuant to such provisions of law.
571. None of the funds made available by this
Act may be used to implement any change in the list of sharp objects prohibited
under section 1540.111 of title 49,
Code of Federal Regulations, from being carried by passengers as accessible
property or on their person through passenger screening checkpoints or into
airport sterile areas and the cabins of a passenger aircraft, as published in
the Federal Register on August 31, 2005 (70 Fed. Reg. 51679).
572. None of the funds made available by this
Act may be used to enter into a contract with an offeror for the purchase of an
American flag if, as required by the Federal Acquisition Regulation, the flag
is certified as a foreign end product.
573. None of the funds made available by this
Act may be used to enter into a contract with any offeror or any of its
principals if the offeror certifies, as required by Federal Acquisition
Regulation, that the offeror or any of its principals—
(1) within a 3-year
period preceding this offer has been convicted of or had a civil judgment
rendered against it for: (A) commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; violation of Federal or
State antitrust statutes relating to the submission of offers; or (B)
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;
(2) are presently
indicted for, or otherwise criminally or civilly charged by a governmental
entity with, commission of any of the offenses enumerated above in paragraph
(1); or
(3) within a 3-year
period preceding this offer, has been notified of any delinquent Federal taxes
in an amount that exceeds $3,000 for which the
liability remains unsatisfied.
574. None of the funds made available by this
Act may be used in contravention of the First, Second, or Fourth Amendments to
the Constitution of the United States.
575. None of the funds made available by this
Act may be used for the purchase, operation, or maintenance of armed unmanned
aerial vehicles.
576. None of the funds made available by this
Act may be used in contravention of section 236(c) of the Immigration and
Nationality Act (8
U.S.C. 1226(c)).
577. None of the funds made available by this
Act may be used in contravention of section 642(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
578. None of the funds made available in this
Act may be used in contravention of
section
44917 of title 49, United States Code.
579. None of the funds made available by this
Act may be used in contravention of section 287(g) of the Immigration and
Nationality Act (8
U.S.C. 1357(g)).
580. None of the funds made available in this
Act may be used to implement, carry out, administer, or enforce section 1308(h)
of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)).
581. None of funds made available by this Act
may be used for entering into a new contract for the purposes of purchasing
ammunition before the date the report required by section 566(a) is submitted
to Congress.
582. None of the funds made available in this
Act may be used to enforce section 526 of the Energy Independence and Security
Act of 2007 (Public Law 110–140;
42 U.S.C.
17142).
583. None of the funds made available in this
Act may be used for U.S. Customs and Border Protection preclearance operations
at Abu Dhabi International Airport in the United Arab Emirates. The limitation
described in this section shall not apply in the case of the administration of
a tax or tariff.
584. None of the funds made available by this
Act may be used by the Department of Homeland Security to lease or purchase new
light duty vehicles for any executive fleet, or for an agency’s fleet
inventory, except in accordance with Presidential Memorandum—Federal Fleet
Performance, dated May 24, 2011.
585. None of the funds made available in this
Act may be used in contravention of any of the following:
(1) The Fifth and
Fourteenth Amendments to the Constitution of the United States.
(2) Title VI of the
Civil Rights Act of 1964 (relating to nondiscrimination in federally assisted
programs).
(3) Section 809(c)(1)
of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to
prohibition of discrimination).
(4) Section 210401(a)
of the Violent Crime and Law Enforcement Act of 1994 (relating to unlawful
police pattern or practice).
586. None of the funds made available under the
heading Departmental Management and Operations—Departmental
Operations—Office of the Secretary and Executive Management may be used
for official reception and representational expenses until the Secretary of
Homeland Security complies with section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b).
587. For Department of Homeland
Security—Federal Emergency Management Agency—State and Local Programs
for the State Homeland Security Grant Program under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605), as authorized by
subsection (f)(2) of such section, there is hereby appropriated, and the amount
otherwise provided by this Act for Department of Homeland
Security—Office of the Chief Financial Officer is hereby reduced by,
$10,000,000.
588.
(a) None of the funds made available in this
Act may be used to finalize, implement, administer, or enforce the documents
described in subsection (b).
(b) For purposes of this section, the documents
described in this subsection are the following:
(1) Policy Number 10072.1, published on March
2, 2011.
(2) Policy Number
10075.1, published on June 17, 2011.
(3) Policy Number
10076.1, published on June 17, 2011.
(4) The Memorandum of
November 17, 2011, from the Principal Legal Advisor of United States
Immigration and Customs Enforcement pertaining to Case-by-Case Review of
Incoming and Certain Pending Cases.
(5) The Memorandum of
June 15, 2012, from the Secretary of Homeland Security pertaining to
Exercising Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children.
(6) The Memorandum of December 21, 2012, from
the Director of United States Immigration and Customs Enforcement pertaining to
Civil Immigration Enforcement: Guidance on the Use of Detainers in the
Federal, State, Local, and Tribal Criminal Justice Systems.
This Act may be cited as the
Department of Homeland Security
Appropriations Act, 2014.
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, 2014, 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), and executive
management of the Department of Homeland Security, as authorized by law,
$123,600,000:
Provided, That not to exceed
$45,000 shall be for official reception and
representation expenses:
Provided further, That
all official costs associated with the use of government aircraft by Department
of Homeland Security personnel to support official travel of the Secretary 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
Secretary:
Provided further, That
the Secretary shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, not later than 90 days after the date of
enactment of this Act, expenditure plans for the Office of Policy, the Office
for Intergovernmental Affairs, the Office for Civil Rights and Civil Liberties,
the Citizenship and Immigration Services Ombudsman, 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), $198,200,000, of which not to
exceed $2,250 shall be for official reception
and representation expenses:
Provided, That of the total amount
made available under this heading, $4,500,000
shall remain available until September 30, 2018, solely for the alteration and
improvement of facilities, tenant improvements, and relocation costs to
consolidate Department headquarters operations at the Nebraska Avenue Complex;
and $8,000,000 shall remain available until
September 30, 2016, for the Human Resources Information Technology program:
Provided further, That
the Under Secretary for Management shall, pursuant to the requirements
contained in House Report 112–331, submit to the Committees on Appropriations
of the Senate and the House of Representatives at the time the President's
budget is submitted each year under section 1105(a) of title 31, United States
Code, a Comprehensive Acquisition Status Report, which shall include the
information 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 Financial Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (6 U.S.C. 113),
$48,000,000.
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), and Department-wide
technology investments, $263,000,000; of which
$115,000,000 shall be available for salaries and
expenses; and of which $148,000,000, to remain
available until September 30, 2016, shall be available for development and
acquisition of information technology equipment, software, services, and
related activities for the Department of Homeland Security:
Provided, That the Department 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 is submitted each year under 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 reimbursable agreements, that
includes—
(1) the proposed
appropriations included for each project and activity tied to mission
requirements, program management capabilities, performance levels, and specific
capabilities and services to be delivered;
(2) the total estimated cost
and projected timeline of completion for all multi-year enhancements,
modernizations, and new capabilities that are proposed in such budget or
underway;
(3) a detailed accounting of
operations and maintenance and contractor services costs; and
(4) a current acquisition
program baseline for each project, that—
(A) notes and explains any
deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline;
(B) aligns the acquisition
programs covered by the baseline to mission requirements by defining existing
capabilities, identifying known capability gaps between such existing
capabilities and stated mission requirements, and explaining how each increment
will address such known capability gaps; and
(C) defines lifecycle costs
for such programs.
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.),
$303,708,000; of which not to exceed
$3,825 shall be for official reception and
representation expenses; and of which
$108,519,000 shall remain available until
September 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.),
$117,371,000,
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;
$7,976,142,000;
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) of the
Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding
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 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 payment for
rental space in connection with preclearance operations; 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 Homeland Security:
Provided, That for fiscal year
2014, the overtime limitation prescribed in section 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 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 excessive costs, or in cases of immigration emergencies:
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, $800,318,000; of which
$340,936,000
shall remain 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,
infrastructure, and technology, $351,454,000,
to remain available until September 30, 2016:
Provided, That none of the funds
appropriated under this heading shall be used for concurrent deployment of
technology associated with integrated fixed towers until the Commissioner
certifies that operational testing has been completed on the first
deployment.
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 and 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;
$755,819,000; of which
$283,318,000 shall be available for salaries and
expenses; and of which $472,501,000
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 Committees 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 Representatives, 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 heading 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 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, $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 Representatives, at the time that
the President's budget proposal is submitted pursuant to the requirements of
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
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; $5,013,945,000;
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 Cyber Tipline and related 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 compensate any employee
for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland
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 deportable, and to remove them from the
United States once they are judged deportable:
Provided further, That
the Secretary of Homeland Security shall prioritize the identification 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 31,800 detention beds through September 30, 2014:
Provided further, That
of the total amount provided, not less than
$2,650,302,000
is for detention and removal operations, including transportation of
unaccompanied minor aliens, of which $46,981,000
shall remain available until September 30, 2015:
Provided further, That
of the total amount provided, $10,300,000 shall
remain available until September 30, 2015, for the Visa Security Program:
Provided 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 authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department 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 detention 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 subsequent
performance evaluation system:
Provided further, That
nothing under this heading shall prevent U.S. Immigration 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:
Provided further, That
without regard to the limitation as to time and condition of section 503(d) of
this Act, the Secretary may propose to reprogram and transfer funds within and
into this appropriation necessary to ensure the detention of aliens prioritized
for removal.
Automation
modernization
For expenses of immigration and customs
enforcement automated systems, $34,900,000,
to remain available 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 available until September
30, 2017.
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;
115 Stat. 597; 49 U.S.C. 40101 note),
$4,939,393,000, 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
$3,850,557,000 shall be for screening
operations, of which $382,354,000 shall be
available for explosives detection systems;
$105,309,000 shall be for checkpoint support;
and not to exceed $1,088,836,000 shall be for
aviation security direction and enforcement:
Provided further, That
of the amount made available in the preceding proviso for explosives detection
systems, $83,845,000 shall be available for the
purchase and installation of these systems:
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
security service fees authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting collections and
shall be available only for aviation security:
Provided further, That
the sum appropriated 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
$2,819,393,000:
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 detection systems or for the issuance of other
transaction agreements for the purpose of funding projects described in section
44923(a) of such title:
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 Appropriations of the
Senate and the House of Representatives a detailed report
on—
(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, That not later than December 31, 2013, the
Administrator shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, a report that:
(1) certifies that one in
four air passengers that require security screening by the Transportation
Security Administration is eligible for expedited screening without lowering
security standards; and
(2) outlines a strategy to
increase the number of air passengers eligible for expedited screening to 50
percent by the end of calendar year 2014, including—
(A) specific benchmarks and
performance measures to increase participation in Pre-Check by air carriers,
airports, and passengers;
(B) options to facilitate
direct application for enrollment in Pre-Check through Transportation Security
Administration’s Web site, airports, and other enrollment locations;
(C) use of third-parties to
pre-screen passengers for expedited screening; and
(D) inclusion of populations
already vetted by the Transportation Security Administration and other trusted
populations as eligible for expedited screening:
Provided
further, That Members of the United States House of
Representatives and United States Senate, including the leadership; the heads
of Federal agencies and commissions, including the Secretary, Deputy Secretary,
Under Secretaries, and Assistant Secretaries of the Department of Homeland
Security; the United States 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 Security Administration related to surface
transportation security activities,
$108,618,000, to remain available until
September 30, 2015.
Transportation threat assessment and
credentialing
For necessary
expenses for the development and implementation of vetting and credentialing
activities, $180,206,000, to remain available
until September 30, 2015.
Transportation security
support
For necessary expenses
of the Transportation Security Administration related to transportation
security support and intelligence pursuant to the Aviation and Transportation
Security Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note),
$978,561,000, to remain available until
September 30, 2015:
Provided, That of the funds
appropriated under this heading, $20,000,000 may
not be obligated 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 air cargo security, checkpoint support, and explosives
detection systems refurbishment, procurement, and installations on an
airport-by-airport basis for fiscal year 2014:
Provided further, That
these plans shall be submitted not later than 60 days after the date of
enactment of this Act.
Federal air marshals
For necessary expenses of the Federal Air
Marshal Service, $821,107,000:
Provided, That the Director of the
Federal Air Marshal Service shall submit to the Committees on Appropriations of
the Senate and the House of Representatives not later than 45 days after the
date of enactment of this Act a detailed, classified expenditure and staffing
plan for ensuring optimal coverage of high risk
flights.
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 note; 96 Stat. 1920); and recreation and welfare;
$7,026,346,000; of which
$567,000,000 shall be for defense-related
activities, of which $227,000,000 is designated
by the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985; of which
$24,500,000 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)); and of which not to exceed
$15,300 shall be for official reception and
representation expenses:
Provided, That none of the funds
made available by this Act shall be for expenses incurred for recreational
vessels under section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited to this
appropriation:
Provided further, That
of the funds provided under this heading,
$75,000,000 shall be withheld from obligation
for Coast Guard Headquarters Directorates until a future-years capital
investment plan for fiscal years 2015 through 2019, as specified under the
heading Coast Guard Acquisition, Construction, and Improvements
of this Act is submitted to the Committees on Appropriations of the Senate and
the House of Representatives:
Provided further, That
funds made available under this heading for Overseas Contingency
Operations/Global War on Terrorism may be allocated by program, project, and
activity, notwithstanding section 503 of this Act:
Provided further, That
without regard to the limitation as to time and condition of section 503(d) of
this Act, after June 30, an additional
$10,000,000 may be reprogrammed to or from
Military Pay and Allowances in accordance with subsections (a), (b), and (c),
of section 503.
Environmental compliance and
restoration
For necessary
expenses to carry out the environmental compliance and restoration functions of
the Coast Guard under chapter 19 of title 14, United States Code,
$13,165,000 to remain available until September
30, 2018.
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;
$122,491,000.
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;
$1,229,684,000; 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, to remain available until September 30, 2018, (except as subsequently
specified), shall be available as follows:
$18,000,000 for military family housing, of
which not more than $349,996 shall be derived
from the Coast Guard Housing Fund established pursuant to 14 U.S.C. 687;
$1,004,000,000 shall be available to acquire,
effect major repairs to, renovate, or improve vessels, small boats, and related
equipment; $28,000,000 to acquire, effect major
repairs to, renovate, or improve aircraft or increase aviation capability;
$59,930,000 for other acquisition programs; of
which $5,000,000 for shore facilities and aids
to navigation, including facilities at Department of Defense installations used
by the Coast Guard; and $114,754,000 to remain
available until September 30, 2014, for personnel compensation and benefits and
related costs:
Provided, That the funds provided
by this Act shall be immediately available and allotted to contract for the
production of the seventh National Security Cutter notwithstanding the
availability of funds for post-production costs:
Provided further, That
the funds provided by this Act shall be immediately available and allotted to
contract for long lead time materials, components, and designs for the eighth
National Security Cutter notwithstanding the availability of funds for
production costs or post-production costs:
Provided further, That
the Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President's budget is submitted each year under section 1105(a) of title
31, United States Code, a future-years capital investment plan for the Coast
Guard that identifies for each requested capital
asset—
(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 lifecycle 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, That the Commandant of the Coast Guard shall ensure
that amounts specified in the future-years capital investment plan are
consistent, to the maximum extent practicable, with proposed appropriations
necessary to support the programs, projects, and activities of the Coast Guard
in the President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year:
Provided further,
That any inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified:
Provided further,
That subsections (a) and (b) of section 6402 of Public Law 110–28 shall apply
with respect to the amounts made available under this heading.
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; $19,781,000 to
remain available until September 30, 2016, 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 appropriation funds received from
State and local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development, testing, and
evaluation.
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 of title 10, United States Code,
$1,460,000,000 to remain available until
expended.
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
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;
$1,529,902,000;
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, 2015; and of which
$6,000,000 shall be for activities related to
training in electronic crimes investigations and forensics:
Provided, That
$18,000,000 for protective travel shall remain
available until September 30, 2015:
Provided further, That
$4,500,000 for National Special Security Events
shall remain available until September 30, 2015:
Provided further, That
the United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as defined
in section 105 of title 5, United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that total obligations
at the end of the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year:
Provided further, That
none of the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that amount as necessary
for national security purposes:
Provided further, That
none of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of Homeland Security:
Provided further, That
the Director of the United States Secret Service may enter into an agreement to
provide such protection on a fully reimbursable basis:
Provided further, That
none of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless the
Committees on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such obligation:
Provided further, That
for purposes of section 503(b) of this Act,
$15,000,000 or 10 percent, whichever is less,
may be transferred between Protection of persons and facilities
and Domestic field operations.
Acquisition, construction,
improvements, and related expenses
For necessary expenses for acquisition,
construction, repair, alteration, and improvement of physical and technological
infrastructure, $51,775,000;
of which $5,380,000,
to remain available until September 30, 2018, shall be for acquisition,
construction, improvement, and maintenance of facilities; and of which
$46,395,000,
to remain available until September 30,
2016, shall be for
information integration and technology transformation
execution.
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,
$59,523,000:
Provided, That not to exceed
$3,825 shall be for official reception and
representation expenses.
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.), $1,209,000,000,
of which $250,000,000 shall remain available
until September 30, 2015.
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, That the Secretary of
Homeland Security and the Director of the Office of Management and Budget shall
certify in writing to the Committees on Appropriations of the Senate and the
House of Representatives not later than December 31, 2013, that the operations
of the Federal Protective Service will be fully funded in fiscal year 2014
through revenues and collection of security fees, and shall adjust the fees to
ensure fee collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,371 full-time equivalent staff and 1,007
full-time equivalent Police Officers, Inspectors, Area Commanders, and Special
Agents who, while working, are directly engaged on a daily basis protecting and
enforcing laws at Federal buildings (referred to as in-service field
staff):
Provided further, That
the Director of the Federal Protective Service shall include with the
submission of the President's fiscal year 2015 budget a strategic human capital
plan that aligns fee collections to personnel requirements based on a current
threat assessment.
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), $205,967,000:
Provided, That of the total amount
made available under this heading,
$113,956,000
shall remain available until September 30, 2016.
Office of Health Affairs
For necessary expenses of the Office of
Health Affairs, $127,689,000; of which
$26,261,000 is for salaries and expenses and
$87,609,000 is for BioWatch operations:
Provided, That of the amount made
available under this heading, $13,819,000 shall
remain available until September 30, 2015, for biosurveillance, chemical
defense, medical and health planning and coordination, and workforce health
protection:
Provided further, That
not to exceed $2,250 shall be for official
reception and representation expenses.
Federal Emergency Management
Agency
Salaries and expenses
For necessary expenses of the Federal
Emergency Management Agency, $948,822,000,
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.), the Cerro Grande Fire Assistance Act
of 2000 (division C, title I, 114 Stat. 583), the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the National Dam Safety Program Act (33 U.S.C. 467 et seq.), the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Recommendations
of the 9/11 Commission Act of 2007 (Public Law 110–53), the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina
Emergency Management Reform Act of 2006 (Public Law 109–295; 120 Stat. 1394),
and the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112–141,
126 Stat. 917):
Provided, That not to exceed
$2,250 shall be for official reception and
representation expenses:
Provided further, That
of the total amount made available under this heading,
$35,180,000 shall be for the Urban Search and
Rescue Response System, of which none is available for Federal Emergency
Management Agency administrative costs: Provided
further, That of the total amount made available under this
heading, $32,000,000 shall remain available
until September 30, 2015, for capital improvements and other expenses related
to continuity of operations at the Mount Weather Emergency Operations
Center: Provided further, That
of the total amount made available, $4,293,000
shall be for the Office of National Capital Region Coordination:
Provided further, That
of the total amount made available under this heading, no less than
$5,000,000 shall remain available until
September 30, 2015, for expenses related to modernization of automated systems:
Provided further, That
the Administrator of the Federal Emergency Management Agency, in consultation
with the Department of Homeland Security Chief Information Officer, shall
submit to the Committees on Appropriations of the Senate and the House of
Representatives an expenditure plan including results to date, plans for the
program, and a list of projects with associated funding provided from prior
appropriations and provided by this Act for modernization of automated
systems.
State and local programs
For grants contracts, cooperative
agreements, and other activities, $1,502,000,000
which shall be allocated as follows:
(1) $453,000,000
shall be for the State Homeland Security Grant Program under section 2004 of
the Homeland Security Act of 2002 (6 U.S.C. 605), of which not less than
$46,600,000 shall be for Operation Stonegarden:
Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2014, the Commonwealth
of Puerto Rico shall make available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this paragraph in accordance
with subsection (c)(1) of such section 2004.
(2) $614,152,000
shall be for the Urban Area Security Initiative under section 2003 of the
Homeland Security Act of 2002 (6 U.S.C. 604), of which not less than
$13,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack.
(3) $100,640,000
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, 1163, and 1182), of which not less
than $10,000,000 shall be for Amtrak security:
Provided, That such public
transportation security assistance shall be provided directly to public
transportation agencies.
(4) $100,640,000
shall be for Port Security Grants in accordance with 46 U.S.C. 70107.
(5) $233,568,000
shall be to sustain current operations for training, exercises, technical
assistance, and other programs, of which
$162,905,000 shall be for training of State,
local, and tribal emergency response providers:
Provided,
That for grants under paragraphs (1) through (4), applications for grants shall
be made available to eligible applicants not later than 60 days after the date
of enactment of this Act, that eligible applicants shall submit applications
not later than 80 days after the grant announcement, and the Administrator of
the Federal Emergency Management Agency shall act within 65 days after the
receipt of an application:
Provided further,
That notwithstanding section 2008(a)(11) of the Homeland Security Act of 2002
(6 U.S.C. 609(a)(11)), or any other provision of law, a grantee may not use
more than 5 percent of the amount of a grant made available under this heading
for expenses directly related to administration of the grant:
Provided further,
That for grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a building or other
physical facility:
Provided further,
That grantees shall provide reports on their use of funds, as determined
necessary by the Secretary of Homeland Security:
Provided further,
That notwithstanding section 509 of this Act the Administrator of the Federal
Emergency Management Agency may use the funds provided in paragraph (5) to
acquire real property for the purpose of establishing or appropriately
extending the security buffer zones around Federal Emergency Management Agency
training facilities.
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.), $675,000,000, to remain available
until September 30, 2015, of which $337,500,000
shall be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$337,500,000 shall be available to carry out
section 34 of that Act (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.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3
of 1978 (5 U.S.C. App.),
$350,000,000.
Radiological emergency preparedness
program
The aggregate charges
assessed during fiscal year 2014, as authorized in title III of the Departments
of Veterans Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent
of the amounts anticipated by the Department of Homeland Security necessary for
its radiological emergency preparedness program for the next fiscal year:
Provided, That the methodology for
assessment and collection of fees shall be fair and equitable and shall reflect
costs of providing such services, including administrative costs of collecting
such fees:
Provided further, That
fees received under this heading shall be deposited in this account as
offsetting collections and will become available for authorized purposes on
October 1, 2014, and remain available until September 30,
2016.
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.), $6,220,908,000 to
remain available until expended, of which
$24,000,000 shall be transferred to the
Department of Homeland Security Office of Inspector General for audits and
investigations related to disasters:
Provided, That the Administrator of
the Federal Emergency Management Agency shall submit an expenditure plan to the
Committees on Appropriations of the Senate and the House of Representatives
detailing the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act:
Provided further, That
the Administrator of the Federal Emergency Management Agency shall submit to
such Committees a quarterly report detailing obligations against the
expenditure plan and a justification for any changes from the initial plan:
Provided further, That
the Administrator of the Federal Emergency Management Agency shall submit to
the Committees on Appropriations of the Senate and the House of Representatives
the following reports, including a specific description of the methodology and
the source data used in developing such reports:
(1) an estimate of the
following amounts shall be submitted for the budget year at the time that the
President's budget is submitted each year under section 1105(a) of title 31,
United States Code:
(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:
(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;
and
(D) the date on which funds
appropriated will be exhausted:
Provided
further, That of the amount provided under this heading,
$5,626,386,000 shall be for major disasters
declared pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.):
Provided further,
That the amount in the preceding proviso is designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
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), and under sections 100215,
100216, 100226, 100230, and 100246 of the Biggert-Waters Flood Insurance Reform
Act of 2012, (Public Law 112–141, 126 Stat. 917),
$95,203,000, and such additional sums as may be
provided by State and local governments or other political subdivisions for
cost-shared mapping activities under section 1360(f)(2) of such Act (42 U.S.C.
4101(f)(2)), to remain available until expended.
National flood insurance
fund
For activities under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), and the
Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112–141, 126
Stat. 917), $176,300,000, which shall be derived
from offsetting amounts collected under section 1308(d) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(d)); of which not to exceed
$22,000,000 shall be available for salaries and
expenses associated with flood mitigation and flood insurance operations; and
not less than $154,300,000 shall be available
for flood plain management and flood mapping, to remain available until
September 30, 2015:
Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting collection to this
account, to be available for flood plain management and flood mapping:
Provided further, That
in fiscal year 2014, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in excess
of:
(1) $132,000,000
for operating expenses;
(2) $1,152,000,000
for commissions and taxes of agents;
(3) such sums as are
necessary for interest on Treasury borrowings; and
(4) $100,000,000,
which shall remain available until expended, for flood mitigation actions under
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c):
Provided further,
That the amounts collected under section 102 of the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4012a) and section 1366(e) of the National Flood
Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund
to supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding subsection (f)(8) of such
section 102 (42 U.S.C. 4012a(f)(8)) and subsection 1366(e) and paragraphs (2)
and (3) of section 1367(b) of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c(e), 4104d(b)(2)–(3)):
Provided further,
That total administrative costs shall not exceed 4 percent of the total
appropriation.
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),
$25,000,000, to remain available until
expended.
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.),
$120,000,000, to remain available until
expended:
Provided, That total administrative
costs shall not exceed 3.5 percent of the total amount made available under
this heading.
IV
RESEARCH, DEVELOPMENT, TRAINING, AND
SERVICES
United States Citizenship and
Immigration Services
For
necessary expenses for citizenship and immigration services,
$118,889,000, of which
$113,889,000 is 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 note), to assist United States
employers with maintaining a legal workforce, and of which
$5,000,000 is for the Citizenship and
Integration Grant Program:
Provided, That notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for areas where the
Administrator of General Services does not provide vehicles for lease:
Provided further, That
the Director of United States Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment:
Provided further, That
none of the funds made available in this Act for grants for immigrant
integration may be used to provide services to aliens who have not been
lawfully admitted for permanent residence.
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
of title 5, United States Code; $227,845,000;
of which up to $44,635,000
shall remain available until September 30, 2015, for materials and support
costs of Federal law enforcement basic training; of which
$300,000 shall remain available until expended
to be distributed to Federal law enforcement agencies for expenses incurred
participating in training accreditation; and of which not to exceed
$9,180 shall be for official reception and
representation expenses:
Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from agencies
receiving training sponsored by the Center, except that total obligations at
the end of the fiscal year shall not exceed total budgetary resources available
at the end of the fiscal year:
Provided further, That
section 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), as amended by
Public Law 112–74, is further amended by striking December 31,
2015 and
inserting December 31, 2016:
Provided further, That
the Director of the Federal Law Enforcement Training Center shall schedule
basic or advanced law enforcement training, or both, at all four training
facilities under the control of the Federal Law Enforcement Training Center to
ensure that such training facilities are operated at the highest capacity
throughout the fiscal year:
Provided further, That
the Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, shall lead the
Federal law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors.
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, $30,885,000, to remain available until
September 30, 2018:
Provided, That the Center is
authorized to accept reimbursement to this appropriation from government
agencies requesting the construction of special use
facilities.
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.),
$129,000,000:
Provided, That not to exceed
$7,650 shall be for official reception and
representation expenses.
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,
$1,089,488,000; of which
$541,703,000 shall remain available until
September 30, 2016; and of which
$547,785,000
shall remain available until September 30, 2018, solely for operation and
construction of laboratory facilities.
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.), for management
and administration of programs and activities,
$37,353,000:
Provided, That not to exceed
$2,250 shall be for official reception and
representation expenses:
Provided further, That
not later than 120 days after the date of enactment of this Act, the Secretary
of Homeland Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a strategic plan of investments
necessary to implement the Department of Homeland Security's responsibilities
under the domestic component of the global nuclear detection architecture that
shall:
(1) define the role and
responsibilities of each Departmental component in support of the domestic
detection architecture, including any existing or planned programs to
pre-screen cargo or conveyances overseas;
(2) identify and describe the
specific investments being made by each Departmental component in fiscal year
2014 and planned for fiscal year 2015 to support the domestic architecture and
the security of sea, land, and air pathways into the United States;
(3) describe the investments
necessary to close known vulnerabilities and gaps, including associated costs
and time frames, and estimates of feasibility and cost effectiveness;
and
(4) explain how the
Department's research and development funding is furthering the implementation
of the domestic nuclear detection architecture, including specific investments
planned for each of fiscal years 2014 and 2015.
Research, development, and
operations
For necessary
expenses for radiological and nuclear research, development, testing,
evaluation, and operations, $209,200,000, to
remain available until September 30, 2016.
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,
$42,600,000, to remain available until September
30, 2016.
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 2014, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that:
(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 2014 Budget Appendix for the Department of Homeland Security, as
modified by the report accompanying this Act, unless the Committees on
Appropriations of the Senate and the House of Representatives are notified 15
days in advance of such reprogramming of funds.
(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 2014, or provided from any
accounts in the Treasury of the United States derived by the collection of fees
or proceeds available to the agencies funded by this Act, shall be available
for obligation or expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000
or 10 percent, whichever is less, that:
(1) augments existing
programs, projects, or activities;
(2) reduces by 10 percent
funding for any existing program, project, or activity;
(3) reduces the numbers of
personnel by 10 percent as 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, That any transfer under
this section shall be treated as a reprogramming of funds under subsection (b)
and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are notified 15
days in advance of such transfer.
(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 note), shall continue operations as a permanent working capital fund
for fiscal year 2014:
Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland Security
may be used to make payments to the Working Capital Fund, except for the
activities and amounts allowed in the President's fiscal year 2014
budget: Provided further, That
funds provided to the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working Capital Fund: Provided further, That all
departmental components shall be charged only for direct usage of each Working
Capital Fund service: Provided
further, That funds provided to the Working Capital Fund
shall be used only for purposes consistent with the contributing
component: Provided further,
That the Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service:
Provided further, That the Working Capital Fund shall be
subject to the requirements of section 503 of this Act.
505. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances remaining available at
the end of fiscal year 2014 from appropriations for salaries and expenses for
fiscal year 2014 in this Act shall remain available through September 30, 2015
in the account and for the purposes for which the appropriations were provided:
Provided, That prior to the
obligation of such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for notification
in accordance with section 503 of this Act.
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) during fiscal year 2014 until the enactment of an Act authorizing
intelligence activities for fiscal year 2014.
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, 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 or a task or delivery order that would cause cumulative
obligations of multi-year funds in a single account to exceed 50 percent of the
total amount appropriated;
(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 and each program, project,
and activity 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 of title 40, United States Code, has not been
approved, except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus.
510.
(a) Sections 520, 522, and 530 of the
Department of Homeland Security Appropriations Act, 2008 (division E of Public
Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to funds made
available in that Act.
(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” means chapter 83 of title 41, United States Code.
512. None of the funds made available in this
Act may be used by any person other than the Privacy Officer appointed under
subsection (a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142(a)) to alter, direct that changes be made to, delay, or prohibit the
transmission to Congress of any report prepared under paragraph (6) of such
subsection.
513. 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).
514. 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.
515. Except as provided in section 44945 of
title 49, United States Code, funds appropriated or transferred to
Transportation Security Administration Aviation Security,
Administration, and Transportation Security
Support for fiscal years 2004 and 2005 that are recovered or
deobligated shall be available only for the procurement or installation of
explosives detection systems, air cargo, baggage, and checkpoint screening
systems, subject to notification:
Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the Senate and the
House of Representatives on any funds that are recovered or deobligated.
516. 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.
517. Any funds appropriated to Coast Guard
“Acquisition, Construction, and Improvements” for fiscal years 2002, 2003,
2004, 2005, and 2006 for the 110–123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of negotiation,
mediation, or litigation, shall be available until expended for the Fast
Response Cutter program.
518. Section 532(a) of Public Law 109–295 (120
Stat. 1384) is amended by striking 2013 and inserting
2014 and thereafter.
519. The functions of the Federal Law
Enforcement Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory Reform Act of
1998 (31 U.S.C. 501 note).
520.
(a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2014, 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
2014.
(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 14, 2015.
521. 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).
522. 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.
523. 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.
524. Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended—
(1) in subsection (a), by striking Until
September 30, 2013, and inserting Until September 30,
2014;
(2) in subsection (c)(1), by striking
September 30, 2013, and inserting September 30,
2014,.
525. 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).
526. 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) for the transportation of crude oil distributed from the Strategic
Petroleum Reserve until the Secretary of Homeland Security, after consultation
with the Secretaries of the Departments of Energy and Transportation and
representatives from the United States flag maritime industry, takes adequate
measures to ensure the use of United States flag vessels:
Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure of the House of
Representatives within 2 business days of any request for waivers of navigation
and vessel-inspection laws pursuant to 46 U.S.C. 501(b).
527. 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.
528. 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, That this section shall
apply only to individuals transporting on their person a personal-use quantity
of the prescription drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance,
as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802);
or
(2) a biological product, as
defined in section 351 of the Public Health Service Act (42 U.S.C. 262).
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. 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, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve the
proposed transfers.
531. None of the funds made available in this
Act may be used for planning, testing, piloting, or developing a national
identification card.
532. If the Administrator of the Transportation
Security Administration determines that an airport does not need to participate
in 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
note), the Administrator shall certify to the Committees on Appropriations of
the Senate and the House of Representatives that no security risks will result
from such non-participation.
533.
(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 means
the Administrator of the Federal Emergency Management Agency; and
(2) the term major
disaster has the meaning given that term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
534. 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.
535. Section 550(b) of the Department of
Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121
note), as amended by section 550 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111–83), is further amended by striking
on October 4, 2013 and inserting “on October 4, 2014”.
536. 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.
537. 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.
538. 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)).
539.
(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 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; and
(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 be known as the Sponsoring Entity.
(c) The Administrator shall
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.
540. 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.
541.
(a) Not later than 180 days after the date of
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, a report that either—
(1) certifies that the
requirement for screening all air cargo on passenger aircraft by the deadline
under section 44901(g) of title 49, United States Code, has been met; or
(2) includes a strategy to
comply with the requirements under title 44901(g) of title 49, United States
Code, including—
(A) a plan to meet the
requirement under section 44901(g) of title 49, United States Code, to screen
100 percent of air cargo transported on passenger aircraft arriving in the
United States in foreign air transportation (as that term is defined in section
40102 of that title); and
(B) specification of—
(i) the percentage of such
air cargo that is being screened; and
(ii) the schedule for
achieving screening of 100 percent of such air cargo.
(b) The Administrator shall
continue to submit reports described in subsection (a)(2) every 180 days
thereafter until the Administrator certifies that the Transportation Security
Administration has achieved screening of 100 percent of such air cargo.
542. 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.
543. Notwithstanding section
1356(n) of title 8, United States Code, of the funds deposited into the
Immigration Examinations Fee Account, $5,000,000
shall be available to United States Citizenship and Immigration Services in
fiscal year 2014 for the purpose of providing an immigrant integration grants
program.
544. 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, That the Secretary
shall notify the Committees on Appropriations of the Senate and the House of
Representatives 5 days in advance of such transfer.
545. 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 of title 10, United States Code, and the Federal Acquisition
Regulation, unless such contract is otherwise authorized by statute to be
entered into without regard to the above referenced statutes.
546.
(a) For an additional amount for data center
migration, $54,200,000.
(b) Funds made available in
subsection (a) for data center migration 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.
547. For an additional amount for the “Office of
the Under Secretary for Management”, $43,300,000
to remain available until expended, for necessary expenses to plan, acquire,
design, construct, renovate, remediate, equip, furnish, improve infrastructure,
and occupy buildings and facilities for the department headquarters
consolidation project and associated mission support consolidation:
Provided, That the Committees on
Appropriations of the Senate and the House of Representatives shall receive an
expenditure plan not later than 90 days after the date of enactment of the Act
detailing the allocation of these funds.
548. 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, That the proceeds, net
of the costs of sale incurred by the General Services Administration and U.S.
Immigration and Customs Enforcement, shall be deposited as offsetting
collections into a separate account that shall be available, subject to
appropriation, until expended for other real property capital asset needs of
existing U.S. Immigration and Customs Enforcement assets, excluding daily
operations and maintenance costs, as the Secretary deems appropriate: Provided further, That the Committees
on Appropriations of the Senate and the House of Representatives shall be
notified 15 days prior to the announcement of any proposed sale or
collocation.
549. In making grants under the heading
Firefighter Assistance Grants, the Secretary may grant waivers
from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229a).
550. None of the funds made available under this
Act or any prior appropriations Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its affiliates,
subsidiaries, or allied organizations.
551. 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 Secret Service, and the Director
of the Office of Biometric Identity Management shall, with respect to fiscal
years 2014, 2015, 2016, and 2017, 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 the requirements
of section 1105(a) of title 31, United States Code, the information required in
the multi-year investment and management plans required, respectively, under
the headings U.S. Customs and Border Protection, Salaries and
Expenses under title II of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112–74); U.S. Customs and Border
Protection, Border Security Fencing, Infrastructure, and
Technology under such title; section 568 of such Act; United States
Secret Service, Acquisition, Construction, Improvements, and Related
Expenses under division D of the Department of Homeland Security
Appropriations Act, 2013 (Public Law 113–6); and Office of Biometric Identity
Management under divsion D of the Homeland Security Appropriations Act, 2013
(Public Law 113–6).
552. 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))).
553.
(a) Of the amounts made
available by this Act for National Protection and Programs Directorate,
Infrastructure Protection and Information Security,
$166,000,000 for the Federal Network
Security program, project, and activity shall be used to deploy on
Federal systems technology to improve the information security of agency
information systems covered by section 3543(a) of title 44, United States Code:
Provided, That funds made
available under this section shall be used to assist and support
Government-wide and agency-specific efforts to provide adequate, risk-based,
and cost-effective cybersecurity to address escalating and rapidly evolving
threats to information security, including the acquisition and operation of a
continuous monitoring and diagnostics program, in collaboration with
departments and agencies, that includes equipment, software, and Department of
Homeland Security supplied services: Provided
further, That not later than April 1, 2014, and quarterly
thereafter, the Under Secretary of Homeland Security of the National Protection
and Programs Directorate shall submit to the Committees on Appropriations of
the Senate and House of Representatives a report on the obligation and
expenditure of funds made available under this section: Provided further, That continuous
monitoring and diagnostics software procured by the funds made available by
this section shall not transmit to the Department of Homeland Security any
personally identifiable information or content of network communications of
other agencies' users: Provided
further, That such software shall be installed, maintained,
and operated in accordance with all applicable privacy laws and agency-specific
policies regarding network content.
(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,
2014, the heads of all Federal agencies shall submit to the Committees on
Appropriations of the Senate and 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,
2014, and quarterly 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, That the Director of
the Office of Management and Budget shall summarize such execution reports and
annually submit such summaries to Congress in conjunction with the annual
progress report on implementation of the E-Government Act of 2002 (Public Law
107–347), as required by section 3606 of title 44, United States Code.
(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.
554.
(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.
555.
(a) Notwithstanding section 13031(e) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)) and
section 451 of the Tariff Act of 1930 (19 U.S.C. 1451) upon the request of any
persons, the Commissioner of U.S. Customs and Border Protection may enter into
reimbursable fee agreements for a period of up to 5 years with such persons for
the provision of U.S. Customs and Border Protection services and any other
costs incurred by U.S. Customs and Border Protection relating to such services.
Such requests may include additional U.S. Customs and Border Protection
services at existing U.S. Customs and Border Protection-serviced facilities
(including but not limited to payment for overtime), the provision of U.S.
Customs and Border Protection services at new land border facilities, and
expanded U.S. Customs and Border Protection services at land border
facilities.
(1) By December 31, 2014, the
Commissioner may enter into not more than five agreements under this
section.
(2) The Commissioner shall
not enter into such an agreement if it would unduly and permanently impact
services funded in this or any other appropriations Acts, or provided from any
accounts in the Treasury of the United States derived by the collection of
fees.
(b) Funds collected pursuant
to any agreement entered into under this section shall be deposited as
offsetting collections and remain available until expended, without fiscal year
limitation, and shall directly reimburse each appropriation for the amount paid
out of that appropriation for any expenses incurred by U.S. Customs and Border
Protection in providing U.S. Customs and Border Protection services and any
other costs incurred by U.S. Customs and Border Protection relating to such
services.
(c) The amount of the fee to
be charged pursuant to an agreement authorized under subsection (a) of this
section shall be paid by each person requesting U.S. Customs and Border
Protection services and shall include, but shall not be limited to, the
salaries and expenses of individuals employed by U.S. Customs and Border
Protection to provide such U.S. Customs and Border Protection services and
other costs incurred by U.S. Customs and Border Protection relating to those
services, such as temporary placement or permanent relocation of those
individuals.
(d) U.S. Customs and Border
Protection shall terminate the provision of services pursuant to an agreement
entered into under subsection (a) with a person that, after receiving notice
from the Commissioner that a fee imposed under subsection (a) is due, fails to
pay the fee in a timely manner. In the event of such termination, all costs
incurred by U.S. Customs and Border Protection, which have not been reimbursed,
will become immediately due and payable. Interest on unpaid fees will accrue
based on current U.S. Treasury borrowing rates. Additionally, any person who,
after notice and demand for payment of any fee charged under subsection (a) of
this section, fails to pay such fee in a timely manner shall be liable for a
penalty or liquidated damage equal to two times the amount of the fee. Any
amount collected pursuant to any agreement entered into under this subsection
shall be deposited into the account specified under subsection (b) of this
section and shall be available as described therein.
(e) Each facility at which
such U.S. Customs and Border Protection services are performed shall provide,
maintain, and equip, without cost to the Government, facilities in accordance
with U.S. Customs and Border Protection specifications.
(f) The authority found in
this section may not be used to enter into agreements to expand or begin to
provide U.S. Customs and Border Protection services outside of the United
States.
(g) The authority found in
this section may not be used at U.S. Customs and Border Protection serviced air
facilities to enter into agreements for costs other than payment of
overtime.
(h) The Commissioner shall
notify the appropriate Committees of Congress 15 days prior to entering into
any agreement under the authority of this section and shall provide a copy of
the agreement to the appropriate Committees of Congress.
(i) For purposes of this
section the terms:
(1) U.S. Customs and Border
Protection services means any activities of any employee or contractor of U.S.
Customs and Border Protection pertaining to customs and immigration
inspection-related matters.
(2) Person means any natural
person or any corporation, partnership, trust, association, or any other public
or private entity, or any officer, employee, or agent thereof.
(3) Appropriate Committees of
Congress means the Committees on Appropriations; Finance; Judiciary; and
Homeland Security and Governmental Affairs of the Senate and the Committees on
Appropriations; Judiciary; Ways and Means; and Homeland Security of the House
of Representatives.
556. None of the funds made
available under 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.
557. 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.
558. 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.
559. 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
Deputy Secretary of Homeland Security 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, That for purposes of
this section the term international conference shall mean a
conference occurring outside of the United States attended by representatives
of the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
560.
(a) The Secretary of Homeland Security shall
submit an annual report to the Department of Homeland Security Inspector
General regarding the costs and contracting procedures related to each
conference held by any departmental component, agency, board, commission, or
office during fiscal year 2014 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted
shall include, for each conference described in subsection (a) held during the
applicable period—
(1) a description of its
purpose;
(2) the number of
participants attending;
(3) a detailed statement of
the costs to the United States Government, including—
(A) the cost of any food or
beverages;
(B) the cost of any
audio-visual services;
(C) the cost of employee or
contractor travel to and from the conference; and
(D) a discussion of the
methodology used to determine which costs relate to the conference; and
(4) a description of the
contracting procedures used including—
(A) whether contracts were
awarded on a competitive basis; and
(B) a discussion of any cost
comparison conducted by the departmental component, agency, board, commission
or office in evaluating potential contractors for the conference.
(c) Within 15 days of the
date of a conference held by any departmental component, agency, board,
commission, or office funded by this Act during fiscal year 2014 for which the
cost to the United States Government was more than
$20,000, the head of any such departmental
component, agency, board, commission, or office shall notify the Inspector
General of the date, location, and number of employees attending such
conference.
(d) A grant or contract
funded by amounts appropriated by this Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is not
directly and programmatically related to the purpose for which the grant or
contract was awarded, such as a conference held in connection with planning,
training, assessment, review, or other routine purposes related to a project
funded by the grant or contract.
(e) None of the funds made
available in this Act may be used for travel and conference activities that are
not in compliance with Office of Management and Budget Memorandum M–12–12 dated
May 11, 2012.
561. None of the funds made
available in this Act may be used to implement, carry out, administer, or
enforce section 1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015 (h)).
562. In administering the
funds made available to address any major disaster declared on or after August
27, 2011, the Administrator of the Federal Emergency Management Agency shall
establish a pilot program for the relocation of State facilities under section
406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172), under which the Administrator may waive, or specify alternative
requirements for, any regulation the Administrator administers to provide
assistance, consistent with the National Environmental Policy Act of 1969 (42
US.C 4321 et seq.), for the permanent relocation of State facilities, including
administrative office buildings, medical facilities, laboratories, and related
operating infrastructure (including heat, sewage, mechanical, electrical, and
plumbing), that were significantly damaged as a result of the major disaster,
are subject to flood risk, and are otherwise eligible for repair, restoration,
reconstruction, or replacement under section 406 of that Act, if the
Administrator determines that such relocation is practicable, and will be cost
effective or more appropriate than repairing, restoring, reconstructing, or
replacing the facility in its predisaster location, and if such relocation will
effectively mitigate the flood risk to the facility.
563. 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 of title 5, United States Code, shall be available on a
temporary reemployment basis to conduct arbitrations of disputes as part of the
arbitration panel established by the President under section 601 of division A
of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123
Stat. 164).
564. As authorized
by section 601(b) of the United States-Colombia Trade Promotion Agreement
Implementation Act (Public Law 112–42) fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to section 13031(a)(5) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(5)) shall be available until expended.
565.
(a) Section 109(1) of the Department of Justice
Appropriations Act of 2002 (Public Law 107–77) is amended by striking
“$7” and inserting
“$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” and inserting
“$5”.
566.
(a)
Donations
permitted
Notwithstanding any other provision of law, including
chapter 33 of title 40, United States Code, the Secretary of Homeland Security,
for purposes of constructing, altering, operating, or maintaining a new or
existing land port of entry facility, may accept donations of real and personal
property (including monetary donations) and nonpersonal services from private
parties and State and local government entities.
(b)
Allowable uses of
donations
The Secretary, with respect to any donation provided
pursuant to subsection (a), may—
(1) use such property or
services for necessary activities related to the construction, alteration,
operation, or maintenance of a new or existing land port of entry facility
under the custody and control of the Secretary, including expenses related
to—
(A) land acquisition, design,
construction, repair and alteration;
(B) furniture, fixtures, and
equipment;
(C) the deployment of
technology and equipment; and
(D) operations and
maintenance; or
(2) transfer such property or
services to the Administrator of General Services for necessary activities
described in paragraph (1) related to a new or existing land port of entry
facility under the custody and control of the Administrator.
(c)
Evaluation
procedures
Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the Administrator,
shall establish procedures for evaluating a proposal submitted by any person
described in paragraph (a) to make a donation of real or personal property
(including monetary donations) or nonpersonal services to facilitate the
construction, alteration, operation, or maintenance of a new or existing land
port of entry facility under the custody and control of the Secretary and make
any evaluation criteria publicly available.
(d)
Considerations
In
determining whether or not to approve a proposal described in paragraph (c),
the Secretary or the Administrator shall consider—
(1) the impact of the
proposal on reducing wait times at that port of entry and other ports of entry
on the same border;
(2) the potential of the
proposal to increase trade and travel efficiency through added capacity;
(3) the potential of the
proposal to enhance the security of the port of entry;
(4) the impact of the
proposal on staffing requirements; and
(5) other factors that the
Secretary determines to be relevant.
(e)
Consultation
(1)
Locations for new ports
of entry
The Secretary is encouraged to consult with the
Secretary of the Interior, the Secretary of Agriculture, the Secretary of
State, the International Boundary and Water Commission, and appropriate
representatives of States, local governments, Indian tribes, and property
owners—
(A) to determine locations
for new ports of entry; and
(B) to minimize the adverse
impacts from such ports on the environment, historic and cultural resources,
commerce, and the quality of life for the communities and residents located
near such ports.
(2)
Savings
provision
Nothing in this paragraph may be construed—
(A) to create any right or
liability of the parties described in subparagraph (1); and
(B) to affect any
consultation requirement under any other law.
(f)
Supplemental
funding
Property (including monetary donations) and services
provided pursuant to paragraph (a) may be used in addition to any other funding
(including appropriated funds), property, or services made available for the
same purpose.
(g)
Unconditional
donations
A donation provided pursuant to paragraph (a) shall be
made unconditionally, although the donor may specify—
(1) the land port of entry
facility or facilities to be benefitted from such donation; and
(2) the timeframe during
which the donated property or services shall be used.
(h)
Return of
donations
If the Secretary or the Administrator does not use the
property or services donated pursuant to paragraph (a) for the specific land
port of entry facility or facilities designated by the donor or within the
timeframe specified by the donor, such donated property or services shall be
returned to the entity that made the donation. No interest shall be owed to the
donor with respect to any donation of funding provided under paragraph (a) that
is returned pursuant to this paragraph.
(i)
Report
(1)
In
general
Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary, in consultation with the
Administrator, shall submit a report to the congressional committees listed in
subparagraph (2) that describes—
(A) the accepted donations
received under this subsection;
(B) the ports of entry that
received such donations; and
(C) how each donation helped
facilitate the construction, alteration, operation, or maintenance of a new or
existing land port of entry.
(2)
Congressional
committees
The congressional committees listed in this
subparagraph are—
(A) the
Committee on Appropriations of the
Senate;
(B) the
Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the
Committee on Environment and Public Works
of the Senate;
(D) the
Committee on Appropriations of the House of
Representatives;
(E) the
Committee on Homeland Security of the House of
Representatives; and
(F) the
Committee on Transportation and Infrastructure
of the House of Representatives.
(j)
Savings
provision
Nothing in this subsection may be construed to affect
or alter the existing authority of the Secretary or the Administrator of
General Services to construct, alter, operate, and maintain land port of entry
facilities.
567.
(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 means a fee that every pedestrian, cyclist, and driver and passenger
of a private motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
568.
(a)
Definitions
Section
217(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(1)) is
amended to read as follows:
(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 means—
(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 means, with
respect to a country being considered for designation in the program, the ratio
of—
(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 means, for each
fiscal year after initial designation under this section with respect to a
country, the ratio of—
(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 means a country
designated as a program country under subparagraph
(A).
.
(b)
Technical and
conforming amendments
Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended—
(1) by striking
Attorney General each place the term appears (except in
subsection (c)(11)(B)) and inserting Secretary of Homeland
Security; and
(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 and
inserting 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 and inserting appropriate congressional
committees; and
(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)) is amended to read as follows:
(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)) is
amended to read as follows:
(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)) is amended to read as follows:
(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))
is amended—
(A) by striking subparagraphs
(B) through (D); and
(B) by striking
waiver
information.— and all that follows through In
refusing and inserting waiver information.—In refusing.
(7)
Waiver
authority
Section 217(c)(8) of such Act (8 U.S.C. 1187(c)(8)) is
amended to read as follows:
(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
September 30,
2015.
.
(d)
Termination of
designation; probation
Section 217(f) of the Immigration and
Nationality Act (8 U.S.C. 1187(f)) is amended to read as follows:
(d)
Termination of
designation; probation
(1)
Definitions
In
this subsection:
(A)
Probationary
period
The term probationary period means the fiscal
year in which a probationary country is placed in probationary status under
this subsection.
(B)
Program
country
The term program country has the meaning
given that term in subsection (c)(1)(B).
(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), should prioritize
the reviews of countries in which circumstances indicate that such a review is
necessary or desirable.
569. The Commissioner of the United States
Customs and Border Protection may waive the claim for reimbursement of
$221,123 from the fiscal year 2009 appropriation
for the Office of the Federal Coordinator for Gulf Coast Rebuilding.
(rescissions)
570. 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, That no amounts may be
rescinded from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended—
(a) $14,500,000
from Public Law 111–83 under the heading Coast Guard Acquisition,
Construction, and Improvements;
(b) $29,000,000
from Public Law 112–10 under the heading Coast Guard Acquisition,
Construction, and Improvements;
(c) $31,500,000
from Public Law 112–74 under the heading Coast Guard Acquisition,
Construction, and Improvements;
(d) $1,500,000
from Transportation Security Administration Aviation Security
account 70x0550;
(e) $977,000
from Transportation Security Administration Research and
Development account 70x0553;
(f) $61,783,000
from unobligated prior year balances from U.S. Customs and Border Protection
Border Security, Fencing, Infrastructure, and Technology.
(rescission)
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) $153,000
from U.S. Customs and Border Protection “Salaries and Expenses”;
(2) $10,311 from
U.S. Immigration and Customs Enforcement “Violent Crime Reduction
Program”;
(3) $336,779
from “Transportation Security Administration”;
(4) $85,756 from
Coast Guard “Acquisition, Construction, and Improvements”;
(5) $2,501 from
Federal Emergency Management Agency “Office of Domestic Preparedness”;
(6) $134,457
from Federal Emergency Management Agency “National Predisaster Mitigation
Fund”; and
(7) $995,654
from the “Working Capital Fund”.
(rescission)
572. From the unobligated balances made
available in the Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code, (added by section 638 of Public
Law 102–393) $100,000,000 shall be
rescinded.
This Act may be cited as the
Department of Homeland Security
Appropriations Act, 2014.
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 with an amendment