Division F — Department of Homeland Security Appropriations Act, 2014

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:

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:

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.

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.

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.

Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used to—

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.

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.

A notification under this section—

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”.

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.

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.

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.

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.

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);

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

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.

in subsection (a), by striking “Until September 30, 2013,” and inserting “Until September 30, 2014,”;

in subsection (c)(1), by striking “September 30, 2013,” and inserting “September 30, 2014,”.

a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or

a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

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.

The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.

In this section—

is not a United States citizen or a member of the Armed Forces of the United States; and

is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

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—

The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall be known as the “Sponsoring Entity”.

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.

Notwithstanding section 1356(n) of title 8, United States Code, of the funds deposited into the Immigration Examinations Fee Account, $7,500,000 may be allocated by United States Citizenship and Immigration Services in fiscal year 2014 for the purpose of providing an immigrant integration grants program.

For an additional amount for “United States Citizenship and Immigration Services” for the purpose of providing immigrant integration grants, $2,500,000.

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.

For an additional amount for data center migration, $42,200,000.

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.

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.

For an additional amount for financial systems modernization, $29,548,000.

Funds made available in subsection (a) for financial systems modernization may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding section 503 of this Act.

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.

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 the 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.

Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget.

Not later than July 1, 2014, the heads of all Federal agencies shall submit to the Committees on Appropriations of the Senate and the House of Representatives expenditure plans for necessary cybersecurity improvements to address known vulnerabilities to information systems described in subsection (a).

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.

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.

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.

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.

In general— In addition to existing authorities, the Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, is authorized to conduct a pilot program in accordance with this section to permit U.S. Customs and Border Protection to enter into partnerships with private sector and government entities at ports of entry for certain services and to accept certain donations.

Rule of construction— Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of U.S. Customs and Border Protection or the General Services Administration.

Duration— The pilot program described in subsection (a) shall be for five years. A partnership entered into during such pilot program may last as long as required to meet the terms of such partnership. At the end of such five year period, the Commissioner may request that such pilot program be made permanent.

Annual reports— The Commissioner, in collaboration with the Administrator, shall annually submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate a report on the pilot program and activities undertaken pursuant thereto in accordance with this Act.

Definitions— In this section—

Role of general services administration— Under this section, collaboration with the Administrator of General Services is required only with respect to partnerships at land ports of entry.

In general— Beginning on the date of the enactment of this Act, the Secretary shall not—

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.

The Secretary of Homeland Security shall submit to Congress, 180 days after the date of enactment of this Act and annually thereafter beginning with the submission of the President's budget proposal for fiscal year 2016 pursuant to section 1105(a) of title 31, United States Code, a comprehensive report on the purchase and usage of ammunition, subdivided by ammunition type. The report shall include—

The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel.

The Commissioner of U.S. Customs and Border Protection shall develop metrics that support a goal of reducing passenger processing times at air, land, and sea ports of entry, taking into consideration the capacity of an air or land port’s physical infrastructure, airline arrival schedules, peak processing periods, and security requirements.

Not later than 240 days after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall develop and implement operational work plans to meet the goals of subsection (a) at United States air, land, and sea ports with the highest passenger volume and longest wait times. In developing such plans, the Commissioner of U.S. Customs and Border Protection shall consult with appropriate stakeholders, including, but not limited to, airlines and airport operators, port authorities, and importers.

$14,500,000 from Public Law 111–83 under the heading “Coast Guard Acquisition, Construction, and Improvements”;

$35,500,000 from Public Law 112–10 under the heading “Coast Guard Acquisition, Construction, and Improvements”;

$79,300,000 from Public Law 112–74 under the heading “Coast Guard Acquisition, Construction, and Improvements”;

$19,879,000 from Public Law 113–6 under the heading “Coast Guard Acquisition, Construction, and Improvements”;

$35,000,000 from Public Law 113–6 under the heading “Transportation Security Administration Aviation Security”;

$20,000,000 from Public Law 113–6 under the heading “Transportation Security Administration Surface Transportation Security”;

$2,000,000 from “Transportation Security Administration Aviation Security” account 70x0550;

$977,000 from “Transportation Security Administration Research and Development” account 70x0553; and

$67,498,000 from unobligated prior year balances from “U.S. Customs and Border Protection Border Security, Fencing, Infrastructure, and Technology”.

$306,015 from “U.S. Customs and Border Protection, Salaries and Expenses”;

$25,093 from “U.S. Immigration and Customs Enforcement, Violent Crime Reduction Program”;

$12,864 from “U.S. Immigration and Customs Enforcement, Salaries and Expenses” account 70x0504 under Public Law 107–117 (115 Stat 2293);

$1,024,433 from “U.S. Immigration and Customs Enforcement, Salaries and Expenses” account 70x0504 under Public Law 108–11 (117 Stat 582);

$33,792 from “Coast Guard, Acquisition, Construction, and Improvements”;

$682,854 from “Federal Emergency Management Agency, Office of Domestic Preparedness”;

$1,576,761 from “Federal Emergency Management Agency, National Predisaster Mitigation Fund”; and

$995,654 from the “Working Capital Fund”.

$58,547 from “Office of the Under Secretary for Management”;

$10,595 from “Office of the Chief Financial Officer”;

$140,257 from “Office of the Chief Information Officer”;

$375,118 from “Analysis and Operations”;

$47,996 from “Office of Inspector General”;

$408,150 from “U.S. Customs and Border Protection, Salaries and Expenses”;

$49,357 from “U.S. Customs and Border Protection, Automation Modernization”;

$35,729 from “U.S. Customs and Border Protection, Air and Marine Operations”;

$2,635,154 from “U.S. Immigration and Customs Enforcement, Salaries and Expenses”;

$1,231,880 from “Transportation Security Administration, Federal Air Marshals”;

$3,878,889 from “Coast Guard, Operating Expenses”;

$245,899 from “Coast Guard, Acquisition, Construction, and Improvements”;

$952,007 from “United States Secret Service, Salaries and Expenses”;

$118,039 from “National Protection and Programs Directorate, Management and Administration”;

$120,625 from “National Protection and Programs Directorate, Office of Biometric Identity Management”;

$90,628 from “Office of Health Affairs”;

$393,451 from “Federal Emergency Management Agency, Salaries and Expenses”;

$314,713 from “Federal Emergency Management Agency, State and Local Programs”;

$1,906,158 from “United States Citizenship and Immigration Services”;

$389,718 from “Federal Law Enforcement Training Center, Salaries and Expenses”;

$132,998 from “Science and Technology, Management and Administration”; and

$56,993 from “Domestic Nuclear Detection Office, Management and Administration”.