Department of Homeland Security Appropriations Act, 2017

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

Highlights:

This bill provides FY2017 appropriations for the Department of Homeland Security (DHS), including:

• U.S. Customs and Border Protection,
• the U.S. Coast Guard,
• U.S. Immigration and Customs Enforcement,
• the Transportation Security Administration,
• the Federal Emergency Management Agency,
• the U.S. Secret Service, and
• other DHS programs.

The bill increases net discretionary spending for DHS compared to the FY2016 funding level. (Net discretionary spending excludes disaster relief spending that is exempt from discretionary spending limits.)

Within the DHS budget, the bill increases funding above FY2016 levels for:

• U.S. Customs and Border Protection,
• U.S Immigration and Customs Enforcement,
• the Transportation Security Administration, and
• the Federal Emergency Management Agency.

The bill decreases funding below FY2016 levels for the Coast Guard and the U.S. Secret Service.

Full Summary:

Department of Homeland Security Appropriations Act, 2017

Provides FY2017 appropriations for the Department of Homeland Security (DHS).

TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

Provides appropriations for Departmental Management and Operations, including:

• Operations and Support;
• Procurement, Construction, and Improvements; and
• Research and Development.

Provides appropriations for Analysis and Operations and the Office of Inspector General.

(Sec. 101) Requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.

(Sec. 102) Requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded in FY2017 without a full and open competition. Requires the OIG to review the report for compliance with laws and regulations and submit the results to Congress.

(Sec. 103) Requires DHS to link all contracts that provide award fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.

(Sec. 104) Require DHS to notify Congress of proposed transfers from the Department of the Treasury Forfeiture Fund to any DHS agency, and prohibits obligation of the funds until Congress approves the transfer.

(Sec. 105) Requires DHS to submit a Comprehensive Acquisition Status Report with the President's FY2018 budget.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

Provides appropriations to U.S. Customs and Border Protection (CBP) for: (1) Operations and Support; (2) and Procurement, Construction, and Improvements.

Provides appropriations to U.S. Immigration and Customs Enforcement (ICE) for: (1) Operations and Support; (2) and Procurement, Construction, and Improvements.

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

• Operations and Support;
• Procurement, Construction, and Improvements; and
• Research and Development.

Provides appropriations to the U.S. Coast Guard for:

• Operating Expenses;
• Environmental Compliance and Restoration;
• Reserve Training;
• Acquisition, Construction, and Improvements;
• Research, Development, Test, and Evaluation; and
• Retired Pay.

Provides appropriations to the U.S. Secret Service for:

• Operations and Support;
• Procurement, Construction, and Improvements; and
• Research and Development.

(Sec. 201) Limits overtime compensation for employees of CBP, ICE, and the U.S. Secret Service except in individual cases that DHS determines to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies.

(Sec. 202) Requires the Border Patrol to maintain an active duty presence of not less than 21,370 full-time equivalent agents protecting the borders of the United States in the fiscal year.

(Sec. 203) Permits CBP Operations and Support funds to be used for air and marine related customs expenses when necessary to maintain or temporarily increase operations in Puerto Rico.

(Sec. 204) Prohibits the transfer of aircraft and related equipment from CBP to any other federal agency, department, or office outside of DHS unless Congress is notified in advance. Includes exceptions for: (1) aircraft that are one of a kind and have been identified as excess to CBP requirements, and (2) aircraft that have been damaged beyond repair.

(Sec. 205) Eliminates restrictions on the number of reimbursable fee agreements that CBP is permitted to enter into with private sector and government entities at air ports of entry for CBP to provide services pertaining to customs, agricultural processing, border security, and immigration inspection-related matters at ports of entry.

(Sec. 206) Requires DHS to prioritize the identification and removal of aliens convicted of a crime by the severity of that crime.

(Sec. 207) Specifies that nothing in this bill prevents ICE from exercising the authorities provided under immigration laws during priority operations pertaining to aliens convicted of a crime.

(Sec. 208) Permits DHS to reprogram and transfer funds within and into the ICE Operations and Support account as necessary to ensure the detention of aliens prioritized for removal.

(Sec. 209) Prohibits funds provided by this bill from being used to fund the position of Public Advocate or a successor position within ICE.

(Sec. 210) Prohibits funds provided for the ICE Operations and Support account from being used to continue a delegation of law enforcement authority authorized under specified provisions of the Immigration and Nationality Act if the DHS Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated.

(Sec. 211) Prohibits ICE Operations and Support funds from being used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the facility are less than "adequate" or the equivalent median score in any subsequent performance evaluation system.

(Sec. 212) Prohibits the obligation of specified TSA Procurement, Construction, and Improvement funds unless the Under Secretary for Management of DHS certifies to Congress at least 15 days in advance of any obligation of the funds that the funds will be expended for transportation security equipment that has an approved acquisition program baseline.

(Sec. 213) Prohibits the TSA from exempting Members of Congress and specified federal officials from federal passenger and baggage screening.

(Sec. 214) Prohibits the TSA from exceeding a staffing level of 45,000 full-time equivalent screeners, excluding personnel hired as part-time employees.

(Sec. 215) Requires any award by the TSA to deploy explosives detection systems to 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.

(Sec. 216) Permits the TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements to fund certain airport security improvement projects authorized under current law.

(Sec. 217) Requires the TSA to submit reports to Congress on: (1) efforts to develop more advanced passenger screening technologies and deploy the existing passenger and baggage screener workforce in the most cost effective manner, and (2) labor savings from the deployment of improved technologies for passenger and baggage screening.

(Sec. 218) Prohibit the TSA from using funds to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which the TSA provided monitoring as of December 1, 2013.

(Sec. 219) Prohibits funds provided by this bill for Coast Guard Operating Expenses from being used for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to the account.

(Sec. 220) Prohibits specified Coast Guard Operating Expenses funds from being obligated for Coast Guard Headquarters Directorates until a future-years capital investment plan for FY2018-FY2022 is submitted to Congress.

(Sec. 221) Permits specified funds to be reprogrammed to or from the Military Pay and Allowances funding category within the Coast Guard Operating Expenses account.

(Sec. 222) Requires funds appropriated to the Coast Guard for FY2002-FY2006 for the 110-123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation to be available until expended for the Fast Response Cutter program.

(Sec. 223) Permits the U.S. Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year may not exceed budgetary resources available for the Operations and Support account.

(Sec. 224) Prohibits the U.S. Secret Service from using funds for the protection of the head of a federal agency other than the Secretary of Homeland Security, except where it has entered into an agreement to provide the protection on a fully reimbursable basis.

(Sec. 225) Prohibits the U.S. Secret Service from using funds for opening a new permanent domestic or overseas office or location unless Congress is notified in advance.

(Sec. 226) Permits the U.S. Secret Service to reprogram specified funds within the Operations and Support account.

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

Provides appropriations to the National Protection and Programs Directorate for:

• Operations and Support;
• Procurement, Construction, and Improvements;
• Research and Development; and
• the Federal Protective Service.

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

• Operations and Support;
• Procurement, Construction, and Improvements; and
• Federal Assistance.

(Sec. 301) Prohibits the use of specified funds for biometric identity management until DHS submits to Congress specified plans for modernizing the biometric identity management system.

(Sec. 302) Limits expenses for the administration of FEMA grants.

(Sec. 303) Specifies timeframes for FEMA grant applications and awards.

(Sec. 304) Specifies that, for the purpose of certain FEMA grants, the installation of communications towers is not considered construction of a building or other physical facility.

(Sec. 305) Requires FEMA grantees to provide reports on the use of funds, at the discretion of DHS.

(Sec. 306) Permits FEMA to use specified funds to acquire real property for the purpose of establishing or appropriately extending the security buffer zones around FEMA training facilities.

(Sec. 307) Requires FEMA to submit monthly reports regarding the Disaster Relief Fund.

(Sec. 308) Specifies limitations and requirements for the availability of funds from the National Flood Insurance Fund.

(Sec. 309) Require FEMA to brief Congress in advance of announcing certain grants and awards.

(Sec. 310) Prohibits funds from being used for the National Preparedness Grant Program or successor grant programs unless explicitly authorized by Congress.

(Sec. 311) Permits certain grants awarded to states along the Southwest Border under the Homeland Security Act of 2002 to be used to provide humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor where they are encountered after entering the United States.

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

Provides appropriations for U.S. Citizenship and Immigration Services (USCIS) for: (1) Operations and Support; and (2) Procurement, Construction, and Improvements.

Provides appropriations to the Federal Law Enforcement Training Center (FLETC) for Operations and Support.

Provides appropriations for Science and Technology for:

• Operations and Support;
• Procurement, Construction, and Improvements; and
• Research and Development.

Provides appropriations for the Chemical, Biological, Radiological, Nuclear, and Explosives Office for:

• Operations and Support;
• Procurement, Construction, and Improvements;
• Research and Development; and
• Federal Assistance.

(Sec. 401) Permits the USCIS to: (1) acquire, operate, equip, and dispose of up to five vehicles, for replacement only, for areas where the General Services Administration does not provide vehicles for lease; and (2) authorize employees who are assigned to those areas to use the vehicles to travel between the employees' residences and places of employment.

(Sec. 402) Prohibits the USCIS from using funds provided by this bill to grant an immigration benefit to an individual unless required background checks have been completed, received by the USCIS, and the results do not preclude the granting of the benefit.

(Sec. 403) Prohibits the use of funds to expand the Deferred Action for Childhood Arrivals program or for the proposed Deferred Action for Parents of Americans and Lawful Permanent Residents program while a specified preliminary injunctive order remains in effect.

(Sec. 404) Prohibits funds from being used for a competition for services provided by USCIS employees known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

(Sec. 405) Permits the USCIS to allocate specified funds from the Immigration Examinations Fee Account in FY2017 for an immigration integration grants program to provide services to individuals that have been lawfully admitted to the United States for permanent residence.

Permits the USCIS to solicit, accept, administer and utilize gifts, including donations of property, for the purpose of providing an immigrant integration grants program and related activities to promote citizenship and immigrant integration.

(Sec. 406) Permits the FLETC to distribute funds to federal law enforcement agencies for expenses incurred participating in training accreditation.

(Sec. 407) Permits the FLETC to obligate funds in anticipation of reimbursements for training, except total obligations may not exceed budgetary resources available at the end of the fiscal year.

(Sec. 408) Permits the FLETC to accept transfers and reimbursements from agencies for ongoing maintenance, minor facility improvements, and related expenses.

(Sec. 409) Extends authorities of the FLETC to appoint and maintain certain federal annuitants without regard to certain competitive hiring procedures and required pay reductions.

(Sec. 410) Requires the Director of FLETC to ensure that FLETC training facilities are operated at the highest capacity throughout the fiscal year.

(Sec. 411) Directs the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors.

(Sec. 412) Establishes a FLETC Procurement, Construction, and Improvements account for planning, operational development, engineering, and purchases prior to sustainment and for information technology-related procurement, construction, and improvements, including non-tangible assets of the FLETC. Permits the acceptance of transfers and reimbursements from government agencies into the account.

(Sec. 413) Classifies the functions of the FLETC instructor staff as inherently governmental (rather than commercial, which would require source competition) for the purposes of the Federal Activities Inventory Reform Act of 1998.

TITLE V--GENERAL PROVISIONS

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

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

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

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

(Sec. 504) Extends the authority for the DHS Working Capital Fund (WCF) and prohibits DHS from using funds to make payments to the WCF, except for activities and amounts allowed in the President's FY2017 budget. Permits funds provided to the WCF to remain available until expended and sets forth restrictions and requirements for the WCF.

(Sec. 505) Permits up to 50% of the unobligated balances remaining at the end of FY2017 from appropriations for salaries and expenses to remain available through FY2018, if a request is submitted to Congress in accordance with reprogramming guidelines.

(Sec. 506) Deems funds provided by this bill for intelligence activities to be specifically authorized during FY2017 until the enactment of an Act authorizing intelligence activities for FY2017.

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

(Sec. 508) Prohibits the use of funds for additional law enforcement training facilities without notifying Congress in advance. Permits the FLETC to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

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

(Sec. 510) Applies provisions of the Department Homeland Security Appropriations Act, 2008 related to a contracting officer's technical representative training, disclosure of sensitive security information, and minimum federal fleet requirements to funds provided by this bill.

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

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

(Sec. 513) Prohibits funding for any position designated as a Principal Federal Official during a Stafford Act declared disaster or emergency.

(Sec. 514) Amends the Homeland Security Act of 2002 to extend certain DHS transactional authorities for research and development projects through FY2017.

(Sec. 515) Prohibits funds from being used to waive navigation and vessel inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until DHS takes adequate measures to ensure the use of U.S. flag vessels.

(Sec. 516) Prohibits the CBP from using funds provided by this bill to prevent individuals from importing personal use quantities of certain prescription drugs from Canada.

(Sec. 517) Prohibits funds provided by this bill from being used for a national identification card.

(Sec. 518) Prohibits officials from delegating this bill's requirements to report or certify to Congress unless specifically authorized by this bill.

(Sec. 519) Prohibits funds from being used to transfer or release to or within the United States, its territories, or its possessions individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 520) Prohibits funds provided by this bill from being used for first-class travel.

(Sec. 521) Prohibits the use of funds provided by this bill to employ workers who are illegal workers under the Immigration and Nationality Act.

(Sec. 522) Prohibits funds provided by this bill from being used to pay award or incentive fees for contractor performance that is below satisfactory or fails to meet the basic requirements of a contract.

(Sec. 523) Requires DHS to ensure that new processes for screening aviation passengers and crews consider privacy and civil liberties consistent with applicable laws, regulations, and guidance.

(Sec. 524) Prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.

(Sec. 525) Provides appropriations to remain available through FY2018 for financial systems modernization. Permits the funds to be transferred between appropriations accounts for the same purpose if Congress is notified in advance.

(Sec. 526) Requires DHS to enforce all immigration laws.

(Sec. 527) Prohibits the use of funds provided by this bill for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 528) Prohibits a federal law enforcement officer from using funds provided by this bill to transfer a firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm.

(Sec. 529) Sets forth restrictions and reporting requirements for the use of funds provided by this bill to attend international conferences.

(Sec. 530) Prohibits funds provided by this bill from being used to reimburse any federal department or agency for participation in a National Special Security Event.

(Sec. 531) Provides that specified fees collected from passengers arriving from Canada, Mexico, or an adjacent island, pursuant to the United States-Colombia Trade Promotion Agreement Implementation Act and the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be available until expended.

(Sec. 532) Prohibits funds from being used for structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5 million in a single year without notifying Congress in advance.

(Sec. 533) Requires agencies receiving funds in this bill to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 534) Prohibits DHS from collecting new border crossing fees or conducting a study related to the imposition of a border crossing fee.

(Sec. 535) Requires the DHS FY2018 budget request and accompanying justifications to be reorganized using a specified account structure.

(Sec. 536) Prohibits the use of funds provided by this bill to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.

(Sec. 537) Permits the CBP to access certain reimbursements for preclearance activities.

(Sec. 538) Permits funds provided by this bill for DHS to be obligated in the account and budget structure established pursuant to the Consolidated Appropriations Act, 2016.

(Sec. 539) Requires all official costs associated with the use of government aircraft by DHS to support official travel of the Secretary and the Deputy Secretary to be paid from amounts made available for the Immediate Office of the Secretary and the Immediate Office of the Deputy Secretary.

(Sec. 540) Prohibits funds provided by this bill from being used to approve, license, facilitate, authorize, or allow the trafficking or import of property confiscated by the Cuban government.

(Sec. 541) Withholds specified funds from each Operations and Support appropriation and from the Coast Guard Operating Expenses account until certain FY2018 budget justification materials are provided to Congress. Includes an exemption for the Office of Inspector General.

(Sec. 542) Permits funds provided by this bill for Operations and Support to be used for minor procurement, construction, and improvements.

(Sec. 543) Provides for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program.

(Sec. 544) Amends the Treasury and General Government Appropriations Act, 2001 to revise the annual pay cap for the Secret Service during the 2016 election year.

(Sec. 545) Requires DHS to submit a specified report on ICE detention costs.

(Sec. 546) Directs DHS to submit a classified report, at the time of the President's FY2018 budget proposal submission, on the relative threats, vulnerabilities, and consequences from terrorist acts in certain metropolitan areas, as required under current law.

(Sec. 547) Prohibits ICE from using funds provided by this bill for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.

(Sec. 548) Prohibits ICE from requiring any person to perform or facilitate the performance of an abortion.

(Sec. 549) Specifies that the restrictions in the preceding section do not remove the obligation of ICE to provide escort services necessary for a female detainee to receive services outside of the detention facility.

(Sec. 550) Permits the CBP to receive reimbursement for the cost of up to five full-time equivalent officers at no more than five ports of entry under the program which permits the CBP to enter into reimbursable agreements with airports for services at ports of entry relating to customs, agricultural processing, border security, and immigration inspection-related matters.

(Sec. 551) Prohibits the release from custody of any alien described in the Priority 1 (threats to national security, border security, and public safety) or Priority 2 (misdemeanants and new immigration violators) categories in the November 20, 2014, memorandum from the Secretary of Homeland Security entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants."

(Sec. 552) Amends the Immigration and Nationality Act to modify provisions regarding aliens who are considered returning workers and are not counted against limitations on the number of temporary workers and trainees that may be issued visas or otherwise provided nonimmigrant status in a fiscal year.

(Sec. 553) Rescinds specified amounts from several DHS accounts and programs.

(Sec. 554) Rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.

(Sec. 555) Rescinds specified unobligated balances from the FEMA Disaster Relief Fund.

(Sec. 556) Establishes a spending reduction account for the amount by which spending proposed in this bill exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $5 million. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)