--- kind: "diff" citation: "H.R. 2217" bill: "113-hr-2217" heading: "Department of Homeland Security Appropriations Act, 2014" from: "rh" from_label: "Reported in House" to: "eh" to_label: "Engrossed in House" sections_amended: 10 sections_added: 19 sections_removed: 0 url: "https://uscodex.org/bills/113/hr/2217/changes/eh" --- # H.R. 2217 — what changed H.R. 2217, Department of Homeland Security Appropriations Act, 2014 — 10 sections amended and 19 added between Reported in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## (unnamed section) - 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.exhausted: ## Sec. 558 (unnamed section) - (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 –—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 –—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;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 –—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 M–12–12 dated May 11, 2012. ## Sec. 563 (unnamed section) - None of the funds made available appropriated by this Act may for U.S. Immigration and Customs Enforcement shall be used available to approve a classification petition filed 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 citizen or national court of Brazil in order to render such individual eligible to receive an immigrant visa.competent jurisdiction, this section shall be null and void. ## Sec. 564 (unnamed section) - None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be available used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried require any person to term, perform, or facilitate in any way 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.performance of, any abortion. ## Sec. 565 (unnamed section) - None Nothing in the preceding section shall remove the obligation of the funds appropriated by this Act Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement shall be used to require any person provide escort services necessary for a female detainee to perform, or facilitate receive such service outside the detention facility: Provided, That nothing in this section in any way diminishes the performance of, any abortion.effect of section 564 intended to address the philosophical beliefs of individual employees of U.S. Immigration and Customs Enforcement. ## Sec. 566 (unnamed section) - (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. - 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 565 intended to address the philosophical beliefs of individual employees of U.S. Immigration and Customs Enforcement. ## Sec. 567 (unnamed section) - 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: - (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. - (1) Beginning on April 15, 2014, and quarterly thereafter, $14,500,000 from Public Law 111–83 under the Secretary of Homeland Security shall submit a report to Congress that includes —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”. - (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. ## Sec. 568 (unnamed section) - Of From the funds appropriated to unobligated balances made available in 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 Treasury Forfeiture Fund established by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act section 9703 of 1985 (Public title 31, United States Code, (added by section 638 of Public Law 99–177), as amended:102–393) $100,000,000 shall be permanently rescinded. - (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”; - (4) $32,479,000 from Public Law 113–6 under the heading Coast Guard “Acquisition, Construction, and Improvements”. ## Sec. 569 (unnamed section) - From The amount by which the unobligated balances applicable allocation of new budget authority made available in by the Department Committee on Appropriations of the Treasury Forfeiture Fund established by section 9703 House of title 31, United States Code, (added by Representatives under section 638 302(b) of Public Law 102–393) $100,000,000 shall be permanently rescinded.the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. ## Sec. 570 (unnamed section) - The amount None of the funds made available by which this Act may be used to implement, administer, or enforce section 1301(a) of title 31, United States Code, with respect to the applicable allocation use of new budget authority amounts made available by this Act for the Committee on Appropriations “Salaries and Expenses” and “Air and Marine Operations” accounts of U.S. Customs and Border Protection for the House of Representatives under expenses authorized to be paid in section 302(b) 9 of the Congressional Budget Jones Act (48 U.S.C. 795) and for the collection of 1974 exceeds duties and taxes authorized to be levied, collected, and paid in Puerto Rico, as authorized in section 4 of the amount 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 proposed new budget authority is $0.law. ## Sec. 571 (unnamed section) — added - 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). ## Sec. 572 (unnamed section) — added - 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. ## Sec. 573 (unnamed section) — added - 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. ## Sec. 574 (unnamed section) — added - 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. ## Sec. 575 (unnamed section) — added - None of the funds made available by this Act may be used for the purchase, operation, or maintenance of armed unmanned aerial vehicles. ## Sec. 576 (unnamed section) — added - 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)). ## Sec. 577 (unnamed section) — added - 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)). ## Sec. 578 (unnamed section) — added - None of the funds made available in this Act may be used in contravention of section 44917 of title 49, United States Code. ## Sec. 579 (unnamed section) — added - 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)). ## Sec. 580 (unnamed section) — added - 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)). ## Sec. 581 (unnamed section) — added - 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. ## Sec. 582 (unnamed section) — added - 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). ## Sec. 583 (unnamed section) — added - 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. ## Sec. 584 (unnamed section) — added - 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. ## Sec. 585 (unnamed section) — added - 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). ## Sec. 586 (unnamed section) — added - 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). ## Sec. 587 (unnamed section) — added - 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. ## Sec. 588 (unnamed section) — added - (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”. ## (unnamed section) — added - This Act may be cited as the “Department of Homeland Security Appropriations Act, 2014”.