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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jul 21, 2017.
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
This bill provides FY2018 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 Secret Service, and other DHS programs. The bill increases discretionary spending for DHS compared to the FY2017 funding level.
Within the DHS budget, the bill increases funding above FY2017 levels for U.S. Customs and Border Protection, U.S Immigration and Customs Enforcement, and the Coast Guard.
The bill decreases funding below FY2017 levels for the Transportation Security Administration and the Secret Service.
Department of Homeland Security Appropriations Act, 2018
Provides FY2018 appropriations for the Department of Homeland Security (DHS).
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Provides appropriations for:
the Office of the Secretary and Executive Management; the Management Directorate, Intelligence, Analysis, and Operations Coordination; and the Office of Inspector General. (Sec. 101) Requires DHS to submit the Future Years Homeland Security Program with the President's budget.
(Sec. 102) Requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.
(Sec. 103) Requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded during FY2017 and FY2018 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. 104) Requires DHS to link all contracts that provide award fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.
(Sec. 105) Requires 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. 106) 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 Office of the Secretary. Specifies reporting requirements for the travel costs of the Secretary and Deputy Secretary.
(Sec. 107) Requires DHS to: (1) submit to Congress a report on visa overstay data by country; and (2) publish on the DHS website the metrics developed to measure the effectiveness of security between the ports of entry, including the methodology and data supporting the measures.
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 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 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) Permits specified CBP funds to be used for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico.
(Sec. 203) 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. 204) 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. 205) Permits the CBP to access certain reimbursements for preclearance activities.
(Sec. 206) 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. 207) 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. 208) 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. 209) 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. 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 TSA from exempting Members of Congress and specified federal officials from federal passenger and baggage screening.
(Sec. 213) 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. 214) 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. 215) Permits specified funds to be reprogrammed to or from the Military Pay and Allowances funding category within the Coast Guard Operating Expenses account.
(Sec. 216) Permits the Secret Service to obligate funds in anticipation of reimbursement from federal agencies and entities 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. 217) Prohibits the 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. 218) Permits the Secret Service to reprogram specified funds within the Operations and Support account.
(Sec. 219) Permits funds provided to the Secret Service for Operations and Support to be used for travel of employees on protective missions without regard to limitations on the expenditures if Congress is notified in advance.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Provides appropriations to the National Protection and Programs Directorate for:
Operations and Support; the Federal Protective Service. Procurement, Construction, and Improvements; and Research and Development. Provides appropriations to the Office of Health Affairs for Operations and Support.
Provides appropriations to the Federal Emergency Management Agency (FEMA) for:
Operations and Support; Procurement, Construction, and Improvements; Federal Assistance; the Disaster Relief Fund; and the National Flood Insurance Fund. (Sec. 301) Limits expenses for the administration of FEMA grants.
(Sec. 302) Specifies time frames for FEMA grant applications and awards.
(Sec. 303) Requires FEMA to brief Congress in advance of announcing certain grants 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) Permits certain grants awarded to states along the Southwest Border under the Homeland Security Act of 2002 to be used to provide humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor where they are encountered after entering the United States.
(Sec. 306) Provides for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program.
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 Centers (FLETCs) for Operations and Support.
Provides appropriations for the Science and Technology Directorate for: (1) Operations and Support, and (2) Research and Development.
Provides appropriations for the Domestic Nuclear Detection 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 their 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 funds provided by this bill 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. 404) Permits the USCIS to allocate specified funds from the Immigration Examinations Fee Account in FY2018 for an immigration integration grants program to provide services to individuals that have been lawfully admitted to the United States for permanent residence.
(Sec. 405) Permits the Federal Law Enforcement Training Centers (FLETCs) to distribute funds to federal law enforcement agencies for expenses incurred participating in training accreditation.
(Sec. 406) 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. 407) 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. 408) 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
(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 FY2018 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 from each Operations and Support appropriation, the Coast Guard's Operating Expenses account, and funds for salaries and expenses in the Coast Guard's Reserve Training and Acquisition, Construction, and Improvement accounts to remain available through FY2019, subject to the reprogramming requirements included in section 503.
(Sec. 506) Deems funds provided by this bill for intelligence activities to be specifically authorized during FY2018 until the enactment of an Act authorizing intelligence activities for FY2018.
(Sec. 507) Requires DHS to notify Congress prior to executing or announcing certain grant allocations, grant awards, contract awards, task or delivery orders, other transaction agreements, or letters of intent. 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 any agency from purchasing, constructing, or leasing any additional facilities, except within or contiguous to existing locations, for federal law enforcement training without notifying Congress in advance. Permits the FLETCs to obtain the temporary use of additional facilities for training that 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 funds provided by this bill from being used for any position designated as a Principal Federal Official during a Stafford Act declared disaster or emergency.
(Sec. 514) Prohibits funds provided by this bill from being used for a national identification card.
(Sec. 515) Prohibits officials from delegating this bill's requirements to report or certify to Congress unless specifically authorized by this bill.
(Sec. 516) 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. 517) Prohibits funds provided by this bill from being used for first-class travel by employees of agencies funded by the bill.
(Sec. 518) Prohibits the use of funds provided by this bill to employ workers who are illegal workers under the Immigration and Nationality Act.
(Sec. 519) 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. 520) Prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.
(Sec. 521) Provides appropriations to remain available through FY2019 for financial systems modernization. Permits the funds to be transferred between appropriations accounts for the same purpose if Congress is notified in advance.
(Sec. 522) 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. 523) 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. 524) Sets forth restrictions and reporting requirements for the use of funds provided by this bill to attend international conferences.
(Sec. 525) 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. 526) 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. 527) 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. 528) Permits funds provided by this bill for Operations and Support to be used for minor procurement, construction, and improvements (end items with a unit cost of $250,000 or less for personal property and $2 million or less for real property).
(Sec. 529) Prohibits funds provided by this bill from being used to implement the Arms Trade Treaty until it is ratified by the Senate.
(Sec. 530) Permits DHS to use funds for the primary and secondary schooling (including transportation) of dependents of DHS personnel who are stationed outside of the continental United States in certain areas where the available schools are unable to provide adequately for the education of the dependents.
(Sec. 531) Rescinds specified unobligated balances from the TSA Operations and Support account and several Coast Guard accounts.
(Sec. 532) Rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.
(Sec. 533) Rescinds specified unobligated balances from the FEMA Disaster Relief Fund.
(Sec. 534) Requires CBP to: (1) to conduct a survey of international passenger traffic at specified airports; and (2) designate any airport as a port of entry if the airport has scheduled international service by one or more air carriers and received over 75,000 international passenger arrivals during the most recent calendar year in which federal passenger data is available.
Requires CBP to ensure that a sufficient number of CBP officers are available at any airport designated as a port of entry in order for landing rights requests to be granted in accordance with specified regulations.
(Sec. 535) 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. 536) Prohibits ICE from requiring any person to perform or facilitate the performance of an abortion.
(Sec. 537) 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. 538) Permits nonimmigrants to be admitted to the United States under the H-2A visa program for seasonal agriculture workers without regard to whether the agricultural labor or services performed are temporary or seasonal in nature.
(Sec. 539) Grants lawful permanent resident status in the U.S. to Charlie Gard and his family for the purposes of medical treatment.
(Sec. 540) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to revise the statute of limitations for the recovery of FEMA Public Assistance Grants for disaster or emergency assistance.
(Sec. 534) Establishes a spending reduction account for the amount by which spending proposed in this bill exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)