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H.R. 240 — what changed

Department of Homeland Security Appropriations Act, 2015

From Introduced in House to Engrossed in House. 6 sections amended and 6 added between Introduced in House and Engrossed in House.

Sec. 526

changed None of the funds made available in this Act for U.S. United States Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be—

(1)
a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or
(2)
a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

Sec. 544

changed Notwithstanding any other provision of law, if the Secretary of Homeland Security determines that specific U.S. United States Immigration and Customs Enforcement Service Processing Centers or other U.S. United States Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is authorized to dispose of individual Service Processing Centers or other U.S. United States Immigration and Customs Enforcement owned detention facilities by directing the Administrator of General Services to sell all real and related personal property which support Service Processing Centers or other U.S. United States Immigration and Customs Enforcement owned detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided, That the proceeds, net of the costs of sale incurred by the General Services Administration and U.S. United States Immigration and Customs Enforcement, shall be deposited as offsetting collections into a separate account that shall be available, subject to appropriation, until expended for other real property capital asset needs of existing U.S. United States Immigration and Customs Enforcement assets, excluding daily operations and maintenance costs, as the Secretary deems appropriate: Provided further, That any sale or collocation of federally owned detention facilities shall not result in the maintenance of fewer than 34,000 detention beds: Provided further, That the Committees on Appropriations of the Senate and the House of Representatives shall be notified 15 days prior to the announcement of any proposed sale or collocation.

Sec. 545

changed The Commissioner of U.S. United States Customs and Border Protection and the Assistant Secretary of Homeland Security for U.S. United States Immigration and Customs Enforcement shall, with respect to fiscal years 2015, 2016, 2017, and 2018, submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget proposal for fiscal year 2016 is submitted pursuant to the requirements of section 1105(a) of title 31, United States Code, the information required in the multi-year investment and management plans required, respectively, under the headings “U.S. Customs and Border Protection, Salaries and Expenses” under title II of division D of the Consolidated Appropriations Act, 2012 (Public Law 112–74); “U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology” under such title; and section 568 of such Act.

Sec. 551

changed None of the funds made available in this Act may be used to provide funding for the position of Public Advocate, or a successor position, within U.S. United States Immigration and Customs Enforcement.

Sec. 552

(a)
Section 559 of division F of Public Law 113–76 is amended as follows:
(1)
Subsection (f)(2)(B) is amended by adding at the end: “Such transfer shall not be required for personal property, including furniture, fixtures, and equipment.”; and
(2)
Subsection (e)(3)(b) is amended by inserting after “payment of overtime” the following: “and the salaries, training and benefits of individuals employed by U.S. Customs and Border Protection to support U.S. Customs and Border Protection officers in performing law enforcement functions at ports of entry, including primary and secondary processing of passengers”.
(b)
Section 560(g) of division D of Public Law 113–6 is amended by inserting after “payment of overtime” the following: “and the salaries, training and benefits of individuals employed by U.S. Customs and Border Protection to support U.S. Customs and Border Protection officers in performing law enforcement functions at ports of entry, including primary and secondary processing of passengers”.
(c)
changed The Commissioner of U.S. United States Customs and Border Protection may modify a reimbursable fee agreement in effect as of the date of enactment of this Act to include costs specified in this section.

Sec. 555

changed With the exception of countries with preclearance facilities in service prior to 2013, none of the funds made available in this Act may be used for new U.S. United States Customs and Border Protection air preclearance agreements entering into force after February 1, 2014, unless—

(1)
the Secretary of Homeland Security, in consultation with the Secretary of State, has certified to Congress that air preclearance operations at the airport provide a homeland or national security benefit to the United States;
(2)
United States passenger air carriers are not precluded from operating at existing preclearance locations; and
(3)
a United States passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations.

Sec. 579

added
(a)
added No funds, resources, or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by this Act or any other Act for any fiscal year, including any deposits into the “Immigration Examinations Fee Account” established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth in the following memoranda (or any substantially similar policy changes issued or taken on or after January 9, 2015, whether set forth in memorandum, Executive order, regulation, directive, or by other action):
(1)
added The memorandum from the Director of United States Immigration and Customs Enforcement entitled “Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens” dated March 2, 2011.
(2)
added The memorandum from the Director of United States Immigration and Customs Enforcement entitled “Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens” dated June 17, 2011.
(3)
added The memorandum from the Principal Legal Advisor of United States Immigration and Customs Enforcement entitled “Case-by-Case Review of Incoming and Certain Pending Cases” dated November 17, 2011.
(4)
added The memorandum from the Director of United States Immigration and Customs Enforcement entitled “Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems” dated December 21, 2012.
(5)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Southern Border and Approaches Campaign’’ dated November 20, 2014.
(6)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Policies for the Apprehension, Detention and Removal of Undocumented Immigrants’’ dated November 20, 2014.
(7)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Secure Communities’’ dated November 20, 2014.
(8)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents’’ dated November 20, 2014.
(9)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Expansion of the Provisional Waiver Program’’ dated November 20, 2014.
(10)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Policies Supporting U.S. High-Skilled Businesses and Workers’’ dated November 20, 2014.
(11)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Families of U.S. Armed Forces Members and Enlistees’’ dated November 20, 2014.
(12)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Directive to Provide Consistency Regarding Advance Parole’’ dated November 20, 2014.
(13)
added The memorandum from the Secretary of Homeland Security entitled ‘‘Policies to Promote and Increase Access to U.S. Citizenship’’ dated November 20, 2014.
(14)
added The memorandum from the President entitled ‘‘Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century’’ dated November 21, 2014.
(15)
added The memorandum from the President entitled ‘‘Creating Welcoming Communities and Fully Integrating Immigrants and Refugees’’ dated November 21, 2014.
(b)
added The memoranda referred to in subsection (a) (or any substantially similar policy changes issued or taken on or after January 9, 2015, whether set forth in memorandum, Executive order, regulation, directive, or by other action) have no statutory or constitutional basis and therefore have no legal effect.
(c)
added No funds or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by this Act or any other Act for any fiscal year, including any deposits into the “Immigration Examinations Fee Account” established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to grant any Federal benefit to any alien pursuant to any of the policy changes set forth in the memoranda referred to in subsection (a) (or any substantially similar policy changes issued or taken on or after January 9, 2015, whether set forth in memorandum, Executive order, regulation, directive, or by other action).
(d)
added The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(e)
added Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section shall not be estimated—
(1)
added for purposes of section 251 of the such Act; and
(2)
added for purposes of paragraph 4(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

Sec. 580

added
(a)
added No funds, resources or fees made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by this Act or any other Act for any fiscal year, including any deposits into the “Immigration Examinations Fee Account” established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to consider or adjudicate any new, renewal or previously denied application for any alien requesting consideration of deferred action for childhood arrivals, as authorized by the Executive memorandum dated June 15, 2012, and effective on August 15, 2012 (or any substantially similar policy changes issued or taken on or after January 9, 2015, whether set forth in memorandum, Executive order, regulation, directive, or by other action).
(b)
added The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(c)
added Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section shall not be estimated—
(1)
added for purposes of section 251 of the such Act; and
(2)
added for purposes of paragraph 4(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

Sec. 581

added
(a)
added No funds or fees made available to the Secretary of Homeland Security by this Act or any other Act for any fiscal year may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any policy relating to the apprehension, detention, or removal of aliens that does not treat any alien convicted of any offense involving domestic violence, sexual abuse, child molestation, or child exploitation as within the categories of aliens subject to the Department of Homeland Security’s highest civil immigration enforcement priorities.
(b)
added The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(c)
added Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this section shall not be estimated—
(1)
added for purposes of section 251 of the such Act; and
(2)
added for purposes of paragraph 4(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

Sec. 582

added
(a)
added The Congress finds that—
(1)
added under the Patient Protection and Affordable Care Act (Public Law 111–148), many individuals and businesses are required to purchase health insurance coverage for themselves and their employees;
(2)
added individuals who were unlawfully present in the United States who have been granted deferred action under the Deferred Action for Childhood Arrivals Program undertaken by the Executive Branch and who then receive work authorization are exempt from these requirements;
(3)
added many United States employers hiring United States citizens or individuals legally present in the United States are required to either offer those persons affordable health insurance or pay a penalty of approximately $3,000 per employee per year; and
(4)
added an employer does not have to provide insurance, or in many instances pay a penalty, if they hire individuals who were not lawfully present but who have been granted deferred action under the Deferred Action for Childhood Arrivals Program and work authorization.
(b)
added It is the sense of the Congress that—
(1)
added this disparate treatment has the unacceptable effect of discouraging the hiring of United States citizens and those in a lawful immigration status in the United States; and
(2)
added the Executive Branch should refrain from pursuing policies, such as granting deferred action under the Deferred Action for Childhood Arrivals Program and work authorization to unlawfully present individuals, that disadvantage the hiring of United States citizens and those in a lawful immigration status in the United States.

Sec. 583

added

added It is the sense of the Congress that the Director of United States Citizenship and Immigration Services (USCIS) should—

(1)
added stop putting the interests of aliens who are unlawfully present in the United States ahead of the interests of aliens who are following proper immigration laws and procedures by adjudicating petitions and applications for immigration benefits submitted by aliens unlawfully present in the United States. When USCIS adjudicators and resources are used to adjudicate petitions and applications for aliens who are unlawfully present, the time it takes to process petitions and applications submitted by other aliens is significantly increased and a backlog is created. In addition, it is unfair to use the fees paid by other aliens to cover the costs of adjudicating petitions and applications for aliens unlawfully present in the United States; and
(2)
added use the funds available under existing law to improve services and increase the efficiency of the immigration benefits application process for aliens abroad or who are lawfully present in the United States.

added