IIB 

Calendar No. 156 

112TH CONGRESS 

1ST SESSION H. R. 2017 

[Report No. 112–74] 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2011 

Received; read twice and referred to the Committee on Appropriations 

SEPTEMBER 7, 2011 

Reported by Ms. LANDRIEU, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2012, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2012, and for other purposes, namely: 
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1 TITLE I 

2 DEPARTMENTAL MANAGEMENT AND 

3 OPERATIONS 

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 For necessary expenses of the Office of the Secretary 

7 of Homeland Security, as authorized by section 102 of the 

8 Homeland Security Act of 2002 (6 U.S.C. 112), and exec9 utive management of the Department of Homeland Secu10 rity, as authorized by law, $126,700,000 (reduced by 

11 $63,350,000) (reduced by $1,000,000): Provided, That 

12 not to exceed $60,000 shall be for official reception and 

13 representation expenses, of which $20,000 shall be made 

14 available to the Office of Policy for Visa Waiver Program 

15 negotiations in Washington, DC, and for other inter16 national activities: Provided further, That consistent with 

17 the requirements specified within Presidential Policy Di18 rective-8, dated March 30, 2011, the Secretary shall sub19 mit to the Committees on Appropriations of the Senate 

20 and the House of Representatives not later than October 

21 15, 2011, the National Preparedness Goal and not later 

22 than January 15, 2012, the National Preparedness Sys23 tem: Provided further, That of the amount made available 

24 under this heading, $63,350,000 may not be obligated 

25 until the Committees on Appropriations of the Senate and 
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1 the House of Representatives receive: (1) the National 

2 Preparedness Goal and the National Preparedness System 

3 consistent with Presidential Policy Directive-8; and (2) the 

4 Secretary’s determination on implementation of biometric 

5 air exit. 

6 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

7 For necessary expenses of the Office of the Under 

8 Secretary for Management, as authorized by sections 701 

9 through 705 of the Homeland Security Act of 2002 (6 

10 U.S.C. 341 through 345), $234,940,000 (reduced by 

11 $600,000) (reduced by $117,470,000) (reduced by 

12 $10,000,000), of which not to exceed $3,000 shall be for 

13 official reception and representation expenses: Provided, 

14 That of the total amount made available under this head15 ing, $5,000,000 shall remain available until September 30, 

16 2016, solely for the alteration and improvement of facili17 ties, tenant improvements, and relocation costs to consoli18 date Department headquarters operations at the Nebraska 

19 Avenue Complex; and $16,686,000 shall remain available 

20 until September 30, 2014, for the Human Resources In21 formation Technology program. 

22 OFFICE OF THE CHIEF FINANCIAL OFFICER

23 For necessary expenses of the Office of the Chief Fi24 nancial Officer, as authorized by section 103 of the Home25 land Security Act of 2002 (6 U.S.C. 113), $50,860,000. 
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1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For necessary expenses of the Office of the Chief In3 formation Officer, as authorized by section 103 of the 

4 Homeland Security Act of 2002 (6 U.S.C. 113), and De5 partment-wide technology investments, $261,300,000 (re6 duced by $139,180,000), of which $105,500,000 (reduced 

7 by $55,672,000) shall be available for salaries and ex8 penses; and of which $155,800,000 (reduced by 

9 $83,508,000), to remain available until September 30, 

10 2014, shall be available for development and acquisition 

11 of information technology equipment, software, services, 

12 and related activities for the Department of Homeland Se13 curity: Provided, That the Chief Information Officer shall 

14 submit to the Committees on Appropriations of the Senate 

15 and the House of Representatives, not later than 60 days 

16 after the date of enactment of this Act, an expenditure 

17 plan for all information technology acquisition projects 

18 that are funded under this heading or are funded by mul19 tiple components of the Department of Homeland Security 

20 through reimbursable agreements: Provided further, That 

21 such expenditure plan shall include, for each project fund22 ed, the name of the project, its key milestones, all funding 

23 sources, detailed annual and lifecycle costs, and projected 

24 cost savings or cost avoidance to be achieved: Provided fur25 ther, That the Secretary of Homeland Security shall sub-
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1 mit to the Committees on Appropriations of the Senate 

2 and the House of Representatives, at the time that the 

3 President’s budget is submitted each year under section 

4 1105(a) of title 31, United States Code, a multi-year in5 vestment and management plan for all information tech6 nology acquisition projects that includes— 

7 (1) the proposed appropriations included for 

8 each project and activity tied to mission require9 ments, program management capabilities, perform10 ance levels, and specific capabilities and services to 

11 be delivered; 

12 (2) the total estimated cost and projected 

13 timeline of completion for all multi-year enhance14 ments, modernizations, and new capabilities that are 

15 proposed in such budget or underway; 

16 (3) a detailed accounting of operations and 

17 maintenance and contractor services costs; and 

18 (4) a current acquisition program baseline for 

19 each project, that— 

20 (A) notes and explains any deviations in 

21 cost, performance parameters, schedule, or esti22 mated date of completion from the original ac23 quisition program baseline; 

24 (B) aligns the acquisition programs cov25 ered by the baseline to mission requirements by 
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1 defining existing capabilities, identifying known 

2 capability gaps between such existing capabili3 ties and stated mission requirements, and ex4 plaining how each increment will address such 

5 known capability gaps; and 

6 (C) defines life-cycle costs for such pro7 grams. 

8 ANALYSIS AND OPERATIONS

9 For necessary expenses for intelligence analysis and 

10 operations coordination activities, as authorized by title II 

11 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

12 seq.), $344,368,000, of which not to exceed $5,000 shall 

13 be for official reception and representation expenses; and 

14 of which $58,757,000 shall remain available until Sep15 tember 30, 2013. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

19 General Act of 1978 (5 U.S.C. App.), $124,000,000, of 

20 which not to exceed $300,000 may be used for certain con21 fidential operational expenses, including the payment of 

22 informants, to be expended at the direction of the Inspec23 tor General. 
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1 TITLE II 

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 U.S. CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For necessary expenses for enforcement of laws relat7 ing to border security, immigration, customs, agricultural 

8 inspections and regulatory activities related to plant and 

9 animal imports, and transportation of unaccompanied 

10 minor aliens; purchase and lease of up to 8,000 (7,000 

11 for replacement only) police-type vehicles; and contracting 

12 with individuals for personal services abroad; 

13 $8,769,518,000 (reduced by $1,000,000) (increased by 

14 $1,000,000), of which $3,274,000 shall be derived from 

15 the Harbor Maintenance Trust Fund for administrative 

16 expenses related to the collection of the Harbor Mainte17 nance Fee pursuant to section 9505(c)(3) of the Internal 

18 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not19 withstanding section 1511(e)(1) of the Homeland Security 

20 Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

21 $45,000 shall be for official reception and representation 

22 expenses; of which not less than $287,901,000 shall be 

23 for Air and Marine Operations; of which such sums as 

24 become available in the Customs User Fee Account, except 

25 sums subject to section 13031(f)(3) of the Consolidated 
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1 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

2 58c(f)(3)), shall be derived from that account; of which 

3 not to exceed $150,000 shall be available for payment for 

4 rental space in connection with preclearance operations; 

5 and of which not to exceed $1,000,000 shall be for awards 

6 of compensation to informants, to be accounted for solely 

7 under the certificate of the Secretary of Homeland Secu8 rity: Provided, That for fiscal year 2012, the overtime lim9 itation prescribed in section 5(c)(1) of the Act of February 

10 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not11 withstanding any other provision of law, none of the funds 

12 appropriated by this Act may be available to compensate 

13 any employee of U.S. Customs and Border Protection for 

14 overtime, from whatever source, in an amount that ex15 ceeds such limitation, except in individual cases deter16 mined by the Secretary of Homeland Security, or the des17 ignee of the Secretary, to be necessary for national secu18 rity purposes, to prevent excessive costs, or in cases of 

19 immigration emergencies: Provided further, That the Sec20 retary of Homeland Security shall submit to the Commit21 tees on Appropriations of the Senate and the House of 

22 Representatives, at the time that the President’s budget 

23 is submitted each year under section 1105(a) of title 31, 

24 United States Code, a multi-year investment and manage-
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1 ment plan for Inspection and Detection Technology that 

2 identifies for each technology— 

3 (1) the inventory of Inspection and Detection 

4 Technology by location and date of deployment; 

5 (2) the proposed appropriations included in the 

6 budget subdivided by the proposed appropriations 

7 for procurement, including quantity, deployment, 

8 and operations and maintenance; 

9 (3) projected funding levels for procurement in 

10 quantity, deployment, and operations and mainte11 nance for each of the next three fiscal years; and 

12 (4) a current acquisition program baseline 

13 that— 

14 (A) aligns the acquisition of each tech15 nology to mission requirements by defining ex16 isting capabilities of comparable legacy tech17 nology assets, identifying known capability gaps 

18 between such existing capabilities and stated 

19 mission requirements, and explaining how the 

20 acquisition of each technology will address such 

21 known capability gaps; 

22 (B) defines life-cycle costs for each tech23 nology, including all associated costs of major 

24 acquisitions systems infrastructure and transi25 tion to operations, delineated by purpose and 
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1 fiscal year for the projected service life of the 

2 technology; and 

3 (C) includes a phase-out and decommis4 sioning schedule delineated by fiscal year for ex5 isting legacy technology assets that each tech6 nology is intended to replace or recapitalize. 

7 AUTOMATION MODERNIZATION

8 For expenses for U.S. Customs and Border Protec9 tion automated systems, $334,275,000, to remain avail10 able until September 30, 2014, of which not less than 

11 $140,000,000 shall be for the development of the Auto12 mated Commercial Environment: Provided, That the Com13 missioner of U.S. Customs and Border Protection shall 

14 submit to the Committees on Appropriations of the Senate 

15 and the House of Representatives, not later than 60 days 

16 after the date of enactment of this Act, an expenditure 

17 plan for the Automated Commercial Environment pro18 gram including results to date, plans for the program, and 

19 a list of projects with associated funding from prior appro20 priations and provided by this Act: Provided further, That 

21 the Secretary of Homeland Security shall submit to the 

22 Committees on Appropriations of the Senate and the 

23 House of Representatives, at the time that the President’s 

24 budget is submitted each year under section 1105(a) of 

25 title 31, United States Code, a multi-year investment and 
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1 management plan for the funds made available under this 

2 heading that includes— 

3 (1) the proposed appropriations included for 

4 each project and activity tied to mission require5 ments, program management capabilities, perform6 ance levels, and specific capabilities and services to 

7 be delivered; 

8 (2) the total estimated cost and projected 

9 timeline of completion for all multi-year enhance10 ments, modernizations, and new capabilities pro11 posed in such budget or underway; 

12 (3) a detailed accounting of operations and 

13 maintenance and contractor services costs; and 

14 (4) current acquisition program baselines for 

15 the Automated Commercial Environment and TECS 

16 Modernization respectively, that— 

17 (A) note and explain any deviations in 

18 cost, performance parameters, schedule, or esti19 mated date of completion from the original ac20 quisition program baseline; 

21 (B) align these acquisition programs to 

22 mission requirements by defining existing capa23 bilities, identifying known capability gaps be24 tween such existing capabilities and stated mis25 sion requirements, and explaining how each in-
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1 crement will address such known capability 

2 gaps; and 

3 (C) define life-cycle costs for these pro4 grams. 

5 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

6 TECHNOLOGY

7 For expenses for border security fencing, infrastruc8 ture, and technology, $500,000,000 (increased by 

9 $10,000,000), to remain available until September 30, 

10 2014: Provided, That of the total amount made available 

11 under this heading, $150,000,000 shall not be obligated 

12 until the Committees on Appropriations of the Senate and 

13 the House of Representatives receive a detailed expendi14 ture plan prepared by the Secretary of Homeland Secu15 rity, and submitted not later than 90 days after the date 

16 of enactment of this Act, for a program to establish and 

17 maintain a security barrier along the borders of the 

18 United States, of fencing and vehicle barriers where prac19 ticable, and of other forms of fencing, tactical infrastruc20 ture, and technology: Provided further, That the Secretary 

21 of Homeland Security shall submit to the Committees on 

22 Appropriations of the Senate and the House of Represent23 atives, at the time that the President’s budget is submitted 

24 each year under section 1105(a) of title 31, United States 

25 Code, a multi-year investment and management plan for 
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1 the Border Security Fencing, Infrastructure, and Tech2 nology account, that includes for each tactical infrastruc3 ture and technology deployment— 

4 (1) the funding level in that budget and pro5 jected funding levels for each of the next three fiscal 

6 years, including a description of the purpose of such 

7 funding levels; 

8 (2) the deployment plan, by border segment, 

9 that aligns each deployment to mission requirements 

10 by defining existing capabilities, identifying known 

11 capability gaps between such existing capabilities 

12 and stated mission requirements related to achieving 

13 operational control, and explaining how each tactical 

14 infrastructure or technology deployment will address 

15 such known capability gaps; and 

16 (3) a current acquisition program baseline 

17 that— 

18 (A) notes and explains any deviations in 

19 cost, performance parameters, schedule, or esti20 mated date of completion from the most recent 

21 acquisition program baseline approved by the 

22 Department of Homeland Security Acquisition 

23 Review Board; 

24 (B) includes a phase-out and life-cycle re25 capitalization schedule delineated by fiscal year 
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1 for existing and new tactical infrastructure and 

2 technology deployments that each deployment is 

3 intended to replace or recapitalize; and 

4 (C) includes qualitative performance 

5 metrics that assess the effectiveness of new and 

6 existing tactical infrastructure and technology 

7 deployments and inform the next multi-year in8 vestment and management plan related to 

9 achieving operational control of the Northern 

10 and Southwest borders of the United States. 

11 AIR AND MARINE INTERDICTION, OPERATIONS, 

12 MAINTENANCE, AND PROCUREMENT

13 For necessary expenses for the operations, mainte14 nance, and procurement of marine vessels, aircraft, un15 manned aircraft systems, and other related equipment of 

16 the air and marine program, including operational train17 ing and mission-related travel, the operations of which in18 clude the following: the interdiction of narcotics and other 

19 goods; the provision of support to Federal, State, and local 

20 agencies in the enforcement or administration of laws en21 forced by the Department of Homeland Security; and at 

22 the discretion of the Secretary of Homeland Security, the 

23 provision of assistance to Federal, State, and local agen24 cies in other law enforcement and emergency humani25 tarian efforts, $499,966,000, to remain available until 
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1 September 30, 2014: Provided, That no aircraft or other 

2 related equipment, with the exception of aircraft that are 

3 one of a kind and have been identified as excess to U.S. 

4 Customs and Border Protection requirements and aircraft 

5 that have been damaged beyond repair, shall be trans6 ferred to any other Federal agency, department, or office 

7 outside of the Department of Homeland Security during 

8 fiscal year 2012 without the prior approval of the Commit9 tees on Appropriations of the Senate and the House of 

10 Representatives: Provided further, That the Secretary of 

11 Homeland Security shall report to the Committees on Ap12 propriations of the Senate and the House of Representa13 tives, not later than 90 days after the date of enactment 

14 of this Act, on the update to the five-year strategic plan 

15 for the air and marine program directed in conference re16 port 109–241 accompanying Public Law 109–90 that ad17 dresses missions, structure, operations, equipment, facili18 ties, and resources including deployment and command 

19 and control requirements, and includes a recapitalization 

20 plan with milestones and funding, and a detailed staffing 

21 plan with associated costs to achieve full staffing to meet 

22 all mission requirements. 

23 CONSTRUCTION AND FACILITIES MANAGEMENT

24 For necessary expenses to plan, acquire, construct, 

25 renovate, equip, furnish, operate, manage, oversee, admin-
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1 ister, and maintain buildings and facilities and to provide 

2 facilities solutions and related infrastructure along with 

3 program management support necessary for the adminis4 tration and enforcement of the laws relating to customs, 

5 immigration, and border security, $234,096,000, to re6 main available until September 30, 2016: Provided, That 

7 the Commissioner of U.S. Customs and Border Protection 

8 shall submit an expenditure plan to the Committees on 

9 Appropriations of the Senate and the House of Represent10 atives not later than 60 days after the date of enactment 

11 of this Act for the projects funded under this heading: 

12 Provided further, That the Secretary of Homeland Secu13 rity shall submit to the Committees on Appropriations of 

14 the Senate and the House of Representatives, at the time 

15 that the President’s budget is submitted each year under 

16 section 1105(a) of title 31, United States Code, an inven17 tory of the real property of the U.S. Customs and Border 

18 Protection and a plan for each activity and project pro19 posed for funding under this heading that includes the full 

20 cost by fiscal year of each activity and project proposed 

21 and underway in fiscal year 2013. 

22 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

23 SALARIES AND EXPENSES

24 For necessary expenses for enforcement of immigra25 tion and customs laws, detention and removals, and inves-
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1 tigations; and purchase and lease of up to 3,790 (2,350 

2 for replacement only) police-type vehicles; $5,522,474,000 

3 (increased by $1,000,000) (reduced by $1,000,000) (in4 creased by $1,000,000) (reduced by $5,000,000) (in5 creased by $5,000,000), of which not to exceed 

6 $7,500,000 shall be available until expended for con7 ducting special operations under section 3131 of the Cus8 toms Enforcement Act of 1986 (19 U.S.C. 2081); of which 

9 not to exceed $15,000 shall be for official reception and 

10 representation expenses; of which not to exceed 

11 $2,000,000 shall be for awards of compensation to inform12 ants, to be accounted for solely under the certificate of 

13 the Secretary of Homeland Security; of which not less 

14 than $305,000 shall be for promotion of public awareness 

15 of the child pornography tipline and activities to counter 

16 child exploitation; of which not less than $5,400,000 (in17 creased by $1,000,000) shall be used to facilitate agree18 ments consistent with section 287(g) of the Immigration 

19 and Nationality Act (8 U.S.C. 1357(g)); and of which not 

20 to exceed $11,216,000 shall be available to fund or reim21 burse other Federal agencies for the costs associated with 

22 the care, maintenance, and repatriation of smuggled aliens 

23 unlawfully present in the United States: Provided, That 

24 none of the funds made available under this heading shall 

25 be available to compensate any employee for overtime in 
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1 an annual amount in excess of $35,000, except that the 

2 Secretary, or the designee of the Secretary, may waive 

3 that amount as necessary for national security purposes 

4 and in cases of immigration emergencies: Provided further, 

5 That of the total amount provided, $15,770,000 shall be 

6 for activities to enforce laws against forced child labor, 

7 of which not to exceed $6,000,000 shall remain available 

8 until expended: Provided further, That of the total amount 

9 available, not less than $1,600,000,000 shall be available 

10 to identify aliens convicted of a crime who may be deport11 able and aliens who may pose a serious risk to public safe12 ty or national security who may be deportable, and to re13 move them from the United States once they are judged 

14 deportable, of which $194,064,000 shall remain available 

15 until September 30, 2013: Provided further, That the As16 sistant Secretary of Homeland Security for U.S. Immigra17 tion and Customs Enforcement shall report to the Com18 mittees on Appropriations of the Senate and the House 

19 of Representatives, not later than 45 days after the end 

20 of each quarter of the fiscal year, on progress in imple21 menting the preceding proviso and the funds obligated 

22 during that quarter to make such progress: Provided fur23 ther, That the Secretary shall prioritize the identification 

24 and removal of aliens convicted of a crime by the severity 

25 of that crime: Provided further, That the funding made 
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1 available under this heading shall maintain a level of not 

2 less than 34,000 detention beds through September 30, 

3 2012: Provided further, That of the total amount provided, 

4 not less than $2,750,843,000 is for detention and removal 

5 operations, including transportation of unaccompanied 

6 minor aliens: Provided further, That of the total amount 

7 provided, $10,300,000 shall remain available until Sep8 tember 30, 2013, for the Visa Security Program: Provided 

9 further, That none of the funds provided under this head10 ing may be used to continue a delegation of law enforce11 ment authority authorized under section 287(g) of the Im12 migration and Nationality Act (8 U.S.C. 1357(g)) if the 

13 Department of Homeland Security Inspector General de14 termines that the terms of the agreement governing the 

15 delegation of authority have been violated: Provided fur16 ther, That none of the funds provided under this heading 

17 may be used to continue any contract for the provision 

18 of detention services if the two most recent overall per19 formance evaluations received by the contracted facility 

20 are less than ‘‘adequate’’ or the equivalent median score 

21 in any subsequent performance evaluation system: Pro22 vided further, That nothing under this heading shall pre23 vent U.S. Immigration and Customs Enforcement from 

24 exercising those authorities provided under immigration 

25 laws (as defined in section 101(a)(17) of the Immigration 
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1 and Nationality Act (8 U.S.C. 1101(a)(17))) during pri2 ority operations pertaining to aliens convicted of a crime. 

3 AUTOMATION MODERNIZATION

4 For expenses of immigration and customs enforce5 ment automated systems, $23,860,000, to remain avail6 able until September 30, 2016: Provided, That the Sec7 retary of Homeland Security shall submit to the Commit8 tees on Appropriations of the Senate and the House of 

9 Representatives, at the time that the President’s budget 

10 is submitted each year under section 1105(a) of title 31, 

11 United States Code, a multi-year investment and manage12 ment plan for funds made available under this heading 

13 that includes— 

14 (1) the proposed appropriations included for 

15 each project and activity tied to mission require16 ments and outcomes, program management capabili17 ties, performance levels, and specific capabilities and 

18 services to be delivered; 

19 (2) the total estimated cost and projected 

20 timeline of completion for all multi-year enhance21 ments, modernizations, and new capabilities pro22 posed in such budget or underway; 

23 (3) a detailed accounting of operations and 

24 maintenance and contractor services costs; and 
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1 (4) current acquisition program baselines for 

2 Atlas and TECS Modernization respectively, that— 

3 (A) note and explain any deviations in 

4 cost, performance parameters, schedule, or esti5 mated date of completion from the original ac6 quisition program baseline; 

7 (B) align these acquisition programs to 

8 mission requirements by defining existing capa9 bilities, identifying known capability gaps be10 tween such existing capabilities and stated mis11 sion requirements, and explaining how each in12 crement will address such known capability 

13 gaps; and 

14 (C) define life-cycle costs for these pro15 grams. 

16 TRANSPORTATION SECURITY ADMINISTRATION

17 AVIATION SECURITY

18 For necessary expenses of the Transportation Secu19 rity Administration related to providing civil aviation secu20 rity services pursuant to the Aviation and Transportation 

21 Security Act (Public Law 107–71; 115 Stat. 597; 49 

22 U.S.C. 40101 note), $5,224,556,000, of which 

23 $1,692,000,000 shall be available until September 30, 

24 2013, and of which not to exceed $10,000 shall be for 

25 official reception and representation expenses: Provided, 
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1 That of the total amount made available under this head2 ing, not to exceed $4,155,813,000 shall be for screening 

3 operations, of which $555,003,000 shall be for explosives 

4 detection systems; of which $181,285,000 shall be for 

5 checkpoint support; and not to exceed $1,068,743,000 

6 shall be for aviation security direction and enforcement: 

7 Provided further, That of the amount made available in 

8 the preceding proviso for explosives detection systems, 

9 $222,738,000 shall be available for the purchase and in10 stallation of such systems, of which not less than 10 per11 cent shall be available for the purchase and installation 

12 of certified explosives detection systems at medium- and 

13 small-sized airports: Provided further, That notwith14 standing section 44923 of title 49, United States Code, 

15 for fiscal year 2012 any funds in the Aviation Security 

16 Capital Fund established by section 44923(h) of title 49, 

17 United States Code, may be used for the procurement and 

18 installation of explosives detection systems or for the 

19 issuance of other transaction agreements for the purpose 

20 of funding projects described in section 44923(a): Pro21 vided further, That none of the funds made available in 

22 this Act may be used for any recruiting or hiring of per23 sonnel into the Transportation Security Administration 

24 that would cause the agency to exceed a staffing level of 

25 46,000 full-time equivalent screeners: Provided further, 
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1 That the preceding proviso shall not apply to personnel 

2 hired as part-time employees: Provided further, That not 

3 later than 90 days after the date of enactment of this Act, 

4 the Secretary of Homeland Security shall submit to the 

5 Committees on Appropriations of the Senate and the 

6 House of Representatives a detailed report on— 

7 (1) the Department of Homeland Security ef8 forts and resources being devoted to develop more 

9 advanced integrated passenger screening tech10 nologies for the most effective security of passengers 

11 and baggage at the lowest possible operating and ac12 quisition costs; 

13 (2) how the Transportation Security Adminis14 tration is deploying its existing passenger and bag15 gage screener workforce in the most cost effective 

16 manner; and 

17 (3) labor savings from the deployment of im18 proved technologies for passenger and baggage 

19 screening and how those savings are being used to 

20 offset security costs or reinvested to address security 

21 vulnerabilities: 

22 Provided further, That any award to deploy explosives de23 tection systems shall be based on risk, the airport’s cur24 rent reliance on other screening solutions, lobby conges25 tion resulting in increased security concerns, high injury 
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1 rates, airport readiness, and increased cost effectiveness: 

2 Provided further, That security service fees authorized 

3 under section 44940 of title 49, United States Code, shall 

4 be credited to this appropriation as offsetting collections 

5 and shall be available only for aviation security: Provided 

6 further, That the sum appropriated under this heading 

7 from the general fund shall be reduced on a dollar-for8 dollar basis as such offsetting collections are received in 

9 fiscal year 2012, so as to result in a final fiscal year appro10 priation under this heading from the general fund of not 

11 more than $3,194,556,000: Provided further, That any se12 curity service fees collected in excess of the amount made 

13 available under this heading shall be available for fiscal 

14 year 2013: Provided further, That Members of the House 

15 of Representatives and the Senate, including the leader16 ship; the heads of Federal agencies and commissions, in17 cluding the Secretary, Deputy Secretary, Under Secre18 taries, and Assistant Secretaries of the Department of 

19 Homeland Security; the Attorney General, Deputy Attor20 ney General, Assistant Attorneys General, and United 

21 States Attorneys; and senior members of the Executive 

22 Office of the President, including the Director of the Of23 fice of Management and Budget shall not be exempt from 

24 Federal passenger and baggage screening. 

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1 SURFACE TRANSPORTATION SECURITY

2 For necessary expenses of the Transportation Secu3 rity Administration related to surface transportation secu4 rity activities, $129,748,000, to remain available until 

5 September 30, 2013. 

6 TRANSPORTATION THREAT ASSESSMENT AND

7 CREDENTIALING

8 For necessary expenses for the development and im9 plementation of screening programs of the Office of 

10 Transportation Threat Assessment and Credentialing, 

11 $183,954,000, to remain available until September 30, 

12 2013. 

13 TRANSPORTATION SECURITY SUPPORT

14 For necessary expenses of the Transportation Secu15 rity Administration related to providing transportation se16 curity support and intelligence pursuant to the Aviation 

17 and Transportation Security Act (Public Law 107–71; 

18 115 Stat. 597; 49 U.S.C. 40101 note), $1,032,790,000, 

19 to remain available until September 30, 2013: Provided, 

20 That the Secretary of Homeland Security shall submit to 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives detailed expenditure plans for 

23 air cargo security, checkpoint support, and explosives de24 tection systems procurement, refurbishment, and installa25 tion on an airport-by-airport basis for fiscal year 2013: 
26 

•HR 2017 RS

1 Provided further, That these plans shall be submitted not 

2 later than 60 days after the date of enactment of this Act. 

3 FEDERAL AIR MARSHALS

4 For necessary expenses of the Federal Air Marshals, 

5 $961,375,000. 

6 COAST GUARD

7 OPERATING EXPENSES

8 For necessary expenses for the operation and mainte9 nance of the Coast Guard, not otherwise provided for, pur10 chase or lease of not to exceed 25 passenger motor vehi11 cles, which shall be for replacement only; purchase or lease 

12 of small boats for contingent and emergent requirements 

13 (at a unit cost of no more than $700,000) and repairs 

14 and service-life replacements, not to exceed a total of 

15 $28,000,000; purchase or lease of boats necessary for 

16 overseas deployments and activities; minor shore construc17 tion projects not exceeding $1,000,000 in total cost at any 

18 location; payments pursuant to section 156 of Public Law 

19 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recre20 ation and welfare; $7,071,061,000, of which $598,278,000 

21 shall be for defense-related activities, of which 

22 $258,278,000 is designated as being for the global war 

23 on terrorism pursuant to section 301 of H. Con. Res. 34 

24 (112th Congress); of which $24,500,000 shall be derived 

25 from the Oil Spill Liability Trust Fund to carry out the 
27 

•HR 2017 RS

1 purposes of section 1012(a)(5) of the Oil Pollution Act 

2 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex3 ceed $20,000 shall be for official reception and representa4 tion expenses: Provided, That none of the funds made 

5 available by this Act shall be for expenses incurred for rec6 reational vessels under section 12114 of title 46, United 

7 States Code, except to the extent fees are collected from 

8 owners of yachts and credited to this appropriation: Pro9 vided further, That the Coast Guard shall comply with the 

10 requirements of section 527 of the National Defense Au11 thorization Act for Fiscal Year 2004 (10 U.S.C. 4331 

12 note) with respect to the Coast Guard Academy: Provided 

13 further, That of the funds provided under this heading, 

14 $75,000,000 shall be withheld from obligation for Coast 

15 Guard Headquarters Directorates until: (1) a revised fu16 ture-years capital investment plan for fiscal years 2012 

17 through 2016, as specified under the heading ‘‘Coast 

18 Guard, Acquisition, Construction, and Improvements’’ of 

19 this Act, that is reviewed by the Comptroller General of 

20 the United States; (2) the fiscal year 2012 second quarter 

21 acquisition report; and (3) the polar operations high lati22 tude study are submitted to the Committees on Appropria23 tions of the Senate and the House of Representatives: Pro24 vided further, That funds made available under this head25 ing designated as being for the global war on terrorism 
28 

•HR 2017 RS

1 pursuant to section 301 of H. Con. Res. 34 (112th Con2 gress) may be allocated by program, project, and activity, 

3 notwithstanding section 503 of this Act. 

4 ENVIRONMENTAL COMPLIANCE AND RESTORATION

5 For necessary expenses to carry out the environ6 mental compliance and restoration functions of the Coast 

7 Guard under chapter 19 of title 14, United States Code, 

8 $10,198,000, to remain available until September 30, 

9 2016: Provided, That an expenditure plan that itemizes 

10 the costs associated with each project identified in the 

11 Coast Guard’s Environmental Compliance and Restora12 tion backlog report dated April 11, 2011, shall be included 

13 at the time that the President’s budget is submitted each 

14 year under section 1105(a) of title 31, United States 

15 Code, to the Committees on Appropriations of the Senate 

16 and the House of Representatives. 

17 RESERVE TRAINING

18 For necessary expenses of the Coast Guard Reserve, 

19 as authorized by law; operations and maintenance of the 

20 Coast Guard reserve program; personnel and training 

21 costs; and equipment and services; $131,778,000. 

22 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

23 For necessary expenses of acquisition, construction, 

24 renovation, and improvement of aids to navigation, shore 

25 facilities, vessels, and aircraft, including equipment related 
29 

•HR 2017 RS

1 thereto, and maintenance, rehabilitation, lease and oper2 ation of facilities and equipment, as authorized by law, 

3 $1,151,673,000, of which $20,000,000 shall be derived 

4 from the Oil Spill Liability Trust Fund to carry out the 

5 purposes of section 1012(a)(5) of the Oil Pollution Act 

6 of 1990 (33 U.S.C. 2712(a)(5)); of which $427,691,000 

7 shall be available until September 30, 2016, to acquire, 

8 effect major repairs to, renovate, or improve vessels, small 

9 boats, and related equipment; of which $328,900,000 shall 

10 be available until September 30, 2014, to acquire, effect 

11 major repairs to, renovate, or improve aircraft or increase 

12 aviation capability; of which $171,140,000 shall be avail13 able until September 30, 2014, for other equipment; of 

14 which $116,000,000 shall be available until September 30, 

15 2016, for shore, infrastructure, military housing, and aids 

16 to navigation facilities, including waterfront facilities at 

17 Navy installations used by the Coast Guard, of which 

18 $14,000,000 may be derived from the Coast Guard Hous19 ing Fund, established under section 687 of title 14, United 

20 States Code; and of which $107,942,000 shall be available 

21 for personnel compensation and benefits and related costs: 

22 Provided, That the Secretary of Homeland Security shall 

23 submit to the Committees on Appropriations of the Senate 

24 and the House of Representatives, at the time that the 

25 President’s budget is submitted each year under section 
30 

•HR 2017 RS

1 1105(a) of title 31, United States Code, a future-years 

2 capital investment plan for the Coast Guard that identifies 

3 for each requested capital asset— 

4 (1) the proposed appropriations included in that 

5 budget; 

6 (2) the total estimated cost of completion, in7 cluding and clearly delineating the costs of associ8 ated major acquisition systems infrastructure and 

9 transition to operations; 

10 (3) projected funding levels for each fiscal year 

11 for the next five fiscal years or until acquisition pro12 gram baseline or project completion, whichever is 

13 earlier; 

14 (4) an estimated completion date at the pro15 jected funding levels; and 

16 (5) a current acquisition program baseline for 

17 each capital asset, as applicable, that— 

18 (A) includes the total acquisition cost of 

19 each asset, subdivided by fiscal year and includ20 ing a detailed description of the purpose of the 

21 proposed funding levels for each fiscal year, in22 cluding for each fiscal year funds requested for 

23 design, pre-acquisition activities, production, 

24 structural modifications, missionization, post25 delivery, and transition to operations costs; 
31 

•HR 2017 RS

1 (B) includes a detailed project schedule 

2 through completion, subdivided by fiscal year, 

3 that details— 

4 (i) quantities planned for each fiscal 

5 year; and 

6 (ii) major acquisition and project 

7 events, including development of oper8 ational requirements, contracting actions, 

9 design reviews, production, delivery, test 

10 and evaluation, and transition to oper11 ations, including necessary training, shore 

12 infrastructure, and logistics; 

13 (C) notes and explains any deviations in 

14 cost, performance parameters, schedule, or esti15 mated date of completion from the original ac16 quisition program baseline and the most recent 

17 baseline approved by the Department of Home18 land Security’s Acquisition Review Board, if ap19 plicable; 

20 (D) aligns the acquisition of each asset to 

21 mission requirements by defining existing capa22 bilities of comparable legacy assets, identifying 

23 known capability gaps between such existing ca24 pabilities and stated mission requirements, and 
32 

•HR 2017 RS

1 explaining how the acquisition of each asset will 

2 address such known capability gaps; 

3 (E) defines life-cycle costs for each asset 

4 and the date of the estimate on which such 

5 costs are based, including all associated costs of 

6 major acquisitions systems infrastructure and 

7 transition to operations, delineated by purpose 

8 and fiscal year for the projected service life of 

9 the asset; 

10 (F) includes the earned value management 

11 system summary schedule performance index 

12 and cost performance index for each asset, if 

13 applicable; and 

14 (G) includes a phase-out and decommis15 sioning schedule delineated by fiscal year for 

16 each existing legacy asset that each asset is in17 tended to replace or recapitalize: 

18 Provided further, That the Secretary shall ensure 

19 that amounts specified in the future-years capital in20 vestment plan are consistent, to the maximum extent 

21 practicable, with proposed appropriations necessary 

22 to support the programs, projects, and activities of 

23 the Coast Guard in the President’s budget as sub24 mitted under section 1105(a) of title 31, United 

25 States Code, for that fiscal year: Provided further, 
33 

•HR 2017 RS

1 That any inconsistencies between the capital invest2 ment plan and proposed appropriations shall be 

3 identified and justified: Provided further, That sub4 sections (a) and (b) of section 6402 of Public Law 

5 110–28 shall apply with respect to the amounts 

6 made available under this heading. 

7 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

8 For necessary expenses for applied scientific re9 search, development, test, and evaluation; and for mainte10 nance, rehabilitation, lease, and operation of facilities and 

11 equipment; as authorized by law; $12,779,000, to remain 

12 available until September 30, 2016, of which $500,000 

13 shall be derived from the Oil Spill Liability Trust Fund 

14 to carry out the purposes of section 1012(a)(5) of the Oil 

15 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, 

16 That there may be credited to and used for the purposes 

17 of this appropriation funds received from State and local 

18 governments, other public authorities, private sources, and 

19 foreign countries for expenses incurred for research, devel20 opment, testing, and evaluation: Provided further, That a 

21 detailed expenditure plan for the amount requested under 

22 this heading shall be included with the President’s annual 

23 budget submission. 
34 

•HR 2017 RS

1 RETIRED PAY

2 For retired pay, including the payment of obligations 

3 otherwise chargeable to lapsed appropriations for this pur4 pose, payments under the Retired Serviceman’s Family 

5 Protection and Survivor Benefits Plans, payment for ca6 reer status bonuses, concurrent receipts and combat-re7 lated special compensation under the National Defense 

8 Authorization Act, and payments for medical care of re9 tired personnel and their dependents under chapter 55 of 

10 title 10, United States Code, $1,440,157,000, to remain 

11 available until expended. 

12 UNITED STATES SECRET SERVICE

13 SALARIES AND EXPENSES

14 For necessary expenses of the United States Secret 

15 Service, including purchase of not to exceed 652 vehicles 

16 for police-type use for replacement only; hire of passenger 

17 motor vehicles; purchase of motorcycles made in the 

18 United States; hire of aircraft; services of expert witnesses 

19 at such rates as may be determined by the Director of 

20 the Secret Service; rental of buildings in the District of 

21 Columbia, and fencing, lighting, guard booths, and other 

22 facilities on private or other property not in Government 

23 ownership or control, as may be necessary to perform pro24 tective functions; payment of per diem or subsistence al25 lowances to employees in cases in which a protective as-
35 

•HR 2017 RS

1 signment on the actual day or days of the visit of a 

2 protectee requires an employee to work 16 hours per day 

3 or to remain overnight at a post of duty; conduct of and 

4 participation in firearms matches; presentation of awards; 

5 travel of United States Secret Service employees on pro6 tective missions without regard to the limitations on such 

7 expenditures in this or any other Act if approval is ob8 tained in advance from the Committees on Appropriations 

9 of the Senate and the House of Representatives; research 

10 and development; grants to conduct behavioral research in 

11 support of protective research and operations; and pay12 ment in advance for commercial accommodations as may 

13 be necessary to perform protective functions; 

14 $1,666,451,000, of which not to exceed $25,000 shall be 

15 for official reception and representation expenses; of which 

16 not to exceed $100,000 shall be to provide technical assist17 ance and equipment to foreign law enforcement organiza18 tions in counterfeit investigations; of which $2,366,000 

19 shall be for forensic and related support of investigations 

20 of missing and exploited children; and of which 

21 $6,000,000 shall be for a grant for activities related to 

22 investigations of missing and exploited children and shall 

23 remain available until September 30, 2013: Provided, 

24 That up to $18,000,000 for protective travel shall remain 

25 available until September 30, 2013: Provided further, That 
36 

•HR 2017 RS

1 up to $12,307,000 for National Special Security Events 

2 shall remain available until September 30, 2013: Provided 

3 further, That the United States Secret Service is author4 ized to obligate funds in anticipation of reimbursements 

5 from Federal agencies and entities, as defined in section 

6 105 of title 5, United States Code, for personnel receiving 

7 training sponsored by the James J. Rowley Training Cen8 ter, except that total obligations at the end of the fiscal 

9 year shall not exceed total budgetary resources available 

10 under this heading at the end of the fiscal year: Provided 

11 further, That none of the funds made available under this 

12 heading shall be available to compensate any employee for 

13 overtime in an annual amount in excess of $35,000, except 

14 that the Secretary of Homeland Security, or the designee 

15 of the Secretary, may waive that amount as necessary for 

16 national security purposes: Provided further, That none of 

17 the funds made available to the United States Secret Serv18 ice by this Act or by previous appropriations Acts may 

19 be made available for the protection of the head of a Fed20 eral agency other than the Secretary of Homeland Secu21 rity: Provided further, That the Director of the United 

22 States Secret Service may enter into an agreement to pro23 vide such protection on a fully reimbursable basis: Pro24 vided further, That of the total amount made available 

25 under this heading, $43,843,000, to remain available until 
37 

•HR 2017 RS

1 September 30, 2014, is for information integration and 

2 transformation: Provided further, That none of the funds 

3 made available in the preceding proviso shall be obligated 

4 to purchase or install information technology equipment 

5 until the Chief Information Officer of the Department of 

6 Homeland Security submits a report to the Committees 

7 on Appropriation of the Senate and the House of Rep8 resentatives certifying that all plans for such integration 

9 and transformation are consistent with Department of 

10 Homeland Security enterprise architecture requirements: 

11 Provided further, That none of the funds made available 

12 to the United States Secret Service by this Act or by pre13 vious appropriations Acts may be obligated for the pur14 pose of opening a new permanent domestic or overseas of15 fice or location unless the Committees on Appropriations 

16 of the Senate and the House of Representatives are noti17 fied 15 days in advance of such obligation. 

18 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For necessary expenses for acquisition, construction, 

21 repair, alteration, and improvement of facilities, 

22 $6,780,000, to remain available until September 30, 2016. 
38 

•HR 2017 RS

1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the Office of the Under 

7 Secretary for the National Protection and Programs Di8 rectorate, support for operations, information technology, 

9 and the Office of Risk Management and Analysis, 

10 $42,511,000: Provided, That not to exceed $5,000 shall 

11 be for official reception and representation expenses. 

12 INFRASTRUCTURE PROTECTION AND INFORMATION

13 SECURITY

14 For necessary expenses for infrastructure protection 

15 and information security programs and activities, as au16 thorized by title II of the Homeland Security Act of 2002 

17 (6 U.S.C. 121 et seq.), $891,243,000: Provided, That of 

18 the amount made available under this heading, 

19 $219,420,500 may not be obligated for the National Cyber 

20 Security Division program and $148,639,500 may not be 

21 obligated for the Office of Infrastructure Protection until 

22 the Committees on Appropriations of the Senate and the 

23 House of Representatives receive and approve a plan for 

24 expenditure for each of these programs that describes the 

25 strategic context of the programs, the specific goals and 
39 

•HR 2017 RS

1 milestones set for the programs, and the funds allocated 

2 to achieving each of those goals and milestones: Provided 

3 further, That the Secretary of Homeland Security shall 

4 submit to the Committees on Appropriations of the Senate 

5 and the House of Representatives, at the time that the 

6 President’s budget is submitted each year under section 

7 1105(a) of title 31, United States Code: (1) an expendi8 ture plan for the Office of Infrastructure Protection and 

9 the National Cyber Security Division that describes the 

10 strategic context of the programs, the specific goals and 

11 milestones set for the programs, and the funds allocated 

12 to achieving each of those goals and milestones for the 

13 fiscal year being appropriated; and (2) a multi-year invest14 ment and management plan for the National Cybersecu15 rity Protection System that identifies— 

16 (1) the inventory of nests and sensors by loca17 tion and date of deployment; 

18 (2) the proposed appropriations included in that 

19 budget for each increment sub-divided by procure20 ment, including quantity, deployment, and oper21 ations and maintenance; 

22 (3) projected funding levels for procurements 

23 including quantity, deployment, and operations and 

24 maintenance for each increment for each of the next 

25 five fiscal years; and 
40 

•HR 2017 RS

1 (4) a current acquisition program baseline 

2 that— 

3 (A) aligns the acquisition to mission re4 quirements by defining existing capabilities, 

5 identifying known capability gaps between such 

6 existing capabilities and stated mission require7 ments, and explaining how the acquisition of 

8 each technology will address such known capa9 bility gaps; and 

10 (B) defines life-cycle costs for each tech11 nology, including all associated costs of major 

12 acquisitions systems infrastructure and transi13 tion to operations, delineated by purpose and 

14 fiscal year for the projected service life of the 

15 technology. 

16 FEDERAL PROTECTIVE SERVICE

17 The revenues and collections of security fees credited 

18 to this account shall be available until expended for nec19 essary expenses related to the protection of Federally20 owned and leased buildings and for the operations of the 

21 Federal Protective Service: Provided, That the Director of 

22 the Federal Protective Service shall include with the sub23 mission of the fiscal year 2013 budget a strategic human 

24 capital plan that aligns fee collection to personnel require25 ments based on the current threat assessment; Provided 
41 

•HR 2017 RS

1 further, That an expenditure plan for program, project, 

2 and activity and by objective for fiscal year 2012 shall be 

3 provided to the Committees on Appropriations of the Sen4 ate and the House of Representatives not later than 60 

5 days after the date of enactment of this Act: Provided fur6 ther, That an expenditure plan for program, project, and 

7 activity and by objective for fiscal year 2013 shall be sub8 mitted at the time that the President’s budget is sub9 mitted each year under section 1105(a) of title 31, United 

10 States Code, to the Committees on Appropriations of the 

11 Senate and the House of Representatives. 

12 UNITED STATES VISITOR AND IMMIGRANT STATUS

13 INDICATOR TECHNOLOGY

14 For necessary expenses for the United States Visitor 

15 and Immigrant Status Indicator Technology program, as 

16 authorized by section 110 of the Illegal Immigration Re17 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

18 1365a), $297,402,000: Provided, That of the total amount 

19 made available under this heading, $194,295,000 is to re20 main available until September 30, 2014: Provided further, 

21 That of the total amount provided, $50,000,000 may not 

22 be obligated for the United States Visitor and Immigrant 

23 Status Indicator Technology program until the Commit24 tees on Appropriations of the Senate and the House of 

25 Representatives receive a plan for expenditure, prepared 
42 

•HR 2017 RS

1 by the Secretary of Homeland Security, not later than 90 

2 days after the date of enactment of this Act, that meets 

3 the statutory conditions specified under this heading in 

4 Public Law 110–329: Provided further, That the Secretary 

5 of Homeland Security shall submit to the Committees on 

6 Appropriations of the Senate and the House of Represent7 atives, at the time that the President’s budget is submitted 

8 each year under section 1105(a) of title 31, United States 

9 Code, a multi-year investment and management plan for 

10 the United States Visitor and Immigrant Status Indicator 

11 Technology program that includes— 

12 (1) the proposed appropriations for each activ13 ity tied to mission requirements and outcomes, pro14 gram management capabilities, performance levels, 

15 and specific capabilities and services to be delivered, 

16 noting any deviations in cost or performance from 

17 the prior fiscal year expenditure or investment and 

18 management plan; 

19 (2) the total estimated cost, projected funding 

20 by fiscal year, and projected timeline of completion 

21 for all enhancements, modernizations, and new capa22 bilities proposed in such budget and underway, in23 cluding and clearly delineating associated efforts and 

24 funds requested by other agencies within the De25 partment of Homeland Security and in the Federal 
43 

•HR 2017 RS

1 Government, and detailing any deviations in cost, 

2 performance, schedule, or estimated date of comple3 tion provided in the prior fiscal year expenditure or 

4 investment and management plan; and 

5 (3) a detailed accounting of operations and 

6 maintenance, contractor services, and program costs 

7 associated with the management of identity services. 

8 OFFICE OF HEALTH AFFAIRS

9 For necessary expenses of the Office of Health Af10 fairs, $165,949,000; of which $30,171,000 is for salaries 

11 and expenses and $115,164,000 is for BioWatch oper12 ations: Provided, That $45,615,000 shall remain available 

13 until September 30, 2013, for biosurveillance, BioWatch 

14 Generation 3, chemical defense, medical and health plan15 ning and coordination, and workforce health protection: 

16 Provided further, That not to exceed $3,000 shall be for 

17 official reception and representation expenses: Provided 

18 further, That an expenditure plan for program, project, 

19 and activity and by objective for fiscal year 2012 shall be 

20 provided to the Committees on Appropriations of the Sen21 ate and the House of Representatives not later than 60 

22 days after the date of enactment of this Act: Provided fur23 ther, That an expenditure plan for program, project, and 

24 activity and by objective for each fiscal year shall be sub25 mitted at the time that the President’s budget is sub-
44 

•HR 2017 RS

1 mitted each year under section 1105(a) of title 31, United 

2 States Code, to the Committees on Appropriations of the 

3 Senate and the House of Representatives. 

4 FEDERAL EMERGENCY MANAGEMENT AGENCY

5 MANAGEMENT AND ADMINISTRATION

6 For necessary expenses for management and admin7 istration of the Federal Emergency Management Agency, 

8 $707,298,000, including activities authorized by the Na9 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

10 seq.), the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro 

12 Grande Fire Assistance Act of 2000 (division C, title I, 

13 114 Stat. 583), the Earthquake Hazards Reduction Act 

14 of 1977 (42 U.S.C. 7701 et seq.), the Defense Production 

15 Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 

16 and 303 of the National Security Act of 1947 (50 U.S.C. 

17 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

18 App.), the Homeland Security Act of 2002 (6 U.S.C. 101 

19 et seq.), and the Post-Katrina Emergency Management 

20 Reform Act of 2006 (Public Law 109–295): Provided, 

21 That not to exceed $3,000 shall be for official reception 

22 and representation expenses: Provided further, That the 

23 Secretary of Homeland Security shall submit an expendi24 ture plan detailed by office for the Federal Emergency 

25 Management Agency to the Committees on Appropriations 
45 

•HR 2017 RS

1 of the Senate and the House of Representatives at the 

2 time that the President’s budget is submitted each year 

3 under section 1105(a) of title 31, United States Code: 

4 Provided further, That of the total amount made available 

5 under this heading, not to exceed $5,863,000 shall remain 

6 available until September 30, 2013, for capital improve7 ments at the Mount Weather Emergency Operations Cen8 ter: Provided further, That of the total amount made avail9 able under this heading, $35,250,000 shall be for the 

10 Urban Search and Rescue Response System, of which not 

11 to exceed $1,600,000 may be made available for adminis12 trative costs; and $5,493,000 shall be for the Office of 

13 National Capital Region Coordination: Provided further, 

14 That for purposes of planning, coordination, execution, 

15 and decision-making related to mass evacuation during a 

16 disaster, the Governors of the State of West Virginia and 

17 the Commonwealth of Pennsylvania, or their designees, 

18 shall be incorporated into efforts to integrate the activities 

19 of Federal, State, and local governments in the National 

20 Capital Region, as defined in section 882 of the Homeland 

21 Security Act of 2002 (Public Law 107–296). 

22 STATE AND LOCAL PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For grants, contracts, cooperative agreements, and 

25 other activities, $1,000,000,000, which shall be distributed 
46 

•HR 2017 RS

1 at the discretion of the Secretary of Homeland Security 

2 based on the following authorities: 

3 (1) The State Homeland Security Grant Pro4 gram under section 2004 of the Homeland Security 

5 Act of 2002 (6 U.S.C. 605). 

6 (2) The Urban Area Security Initiative under 

7 section 2003 of the Homeland Security Act of 2002 

8 (6 U.S.C. 604), notwithstanding subsection (c)(1) of 

9 such section, funds provided under this paragraph 

10 may be used for grants to organizations (as de11 scribed under section 501(c)(3) of the Internal Rev12 enue Code of 1986 and exempt from tax section 

13 501(a) of such code) determined by the Secretary to 

14 be at high risk of a terrorist attack. 

15 (3) The Metropolitan Medical Response System 

16 under section 635 of the Post-Katrina Emergency 

17 Management Reform Act of 2006 (6 U.S.C. 723). 

18 (4) The Citizen Corps Program, notwith19 standing the requirements of subtitle A of title XX 

20 of the Homeland Security Act of 2002 (6 U.S.C. 

21 603 et seq.). 

22 (5) The Public Transportation Security Assist23 ance and Railroad Security Assistance, under sec24 tions 1406 and 1513 of the Implementing Rec25 ommendations of the 9/11 Commission Act of 2007 
47 

•HR 2017 RS

1 (6 U.S.C. 1135 and 1163): Provided, That such 

2 public transportation security assistance shall be 

3 provided directly to public transportation agencies. 

4 (6) Over-the-Road Bus Security Assistance 

5 under section 1532 of the Implementing Rec6 ommendations of the 9/11 Commission Act of 2007 

7 (6 U.S.C. 1182). 

8 (7) Port Security Grants in accordance with 46 

9 U.S.C. 70107. 

10 (8) The Driver’s License Security Grants Pro11 gram in accordance with section 204 of the REAL 

12 ID Act of 2005 (49 U.S.C. 30301 note). 

13 (9) The Interoperable Emergency Communica14 tions Grant Program under section 1809 of the 

15 Homeland Security Act of 2002 (6 U.S.C. 579). 

16 Provided, That of the amount provided under this 

17 heading, $55,000,000 shall be for Operation Stonegarden 

18 and $192,663,000 shall be for training, exercises, tech19 nical assistance, and other programs, of which 

20 $107,000,000 shall be for training of State, local, and 

21 tribal emergency response providers: Provided further, 

22 That notwithstanding subsection (c)(4) of section 2004 of 

23 the Homeland Security Act of 2002 (6 U.S.C. 605), for 

24 fiscal year 2012, the Commonwealth of Puerto Rico shall 

25 make available to local and tribal governments amounts 
48 

•HR 2017 RS

1 provided to the Commonwealth of Puerto Rico under the 

2 State Homeland Security Grant Program in accordance 

3 with subsection (c)(1) of such section 2004: Provided fur4 ther, That 10 percent of the amounts provided under this 

5 heading shall be transferred to ‘‘Federal Emergency Man6 agement Agency, Management and Administration’’ for 

7 program administration, and the Secretary of Homeland 

8 Security shall provide an expenditure plan for program ad9 ministration to the Committees on Appropriations of the 

10 Senate and the House of Representatives within 60 days 

11 after the date of enactment of this Act: Provided further, 

12 That the Secretary shall provide a detailed expenditure 

13 plan for program administration for each fiscal year to 

14 the Committees on Appropriations of the Senate and the 

15 House of Representatives at the time that the President’s 

16 budget is submitted each year under section 1105(a) of 

17 title 31, United States Code: Provided further, That not18 withstanding section 2008(a)(11) of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 609(a)(11)), or any other pro20 vision of law, a grantee may use not more than five per21 cent of the amount of a grant made available under this 

22 heading for expenses directly related to administration of 

23 the grant: Provided further, That for grants under para24 graphs (1) through (4), the applications for grants shall 

25 be made available to eligible applicants not later than 25 
49 

•HR 2017 RS

1 days after the date of enactment of this Act, that eligible 

2 applicants shall submit applications not later than 90 days 

3 after the grant announcement, and that the Administrator 

4 of the Federal Emergency Management Agency shall act 

5 within 90 days after receipt of an application: Provided 

6 further, That for grants awarded under paragraphs (5) 

7 through (9), the applications for grants shall be made 

8 available to eligible applicants not later than 30 days after 

9 the date of enactment of this Act, that eligible applicants 

10 shall submit applications within 45 days after the grant 

11 announcement, and that the Federal Emergency Manage12 ment Agency shall act not later than 60 days after receipt 

13 of an application: Provided further, That for grants under 

14 paragraphs (1) and (2), the installation of communica15 tions towers is not considered construction of a building 

16 or other physical facility: Provided further, That grantees 

17 shall provide reports on their use of funds, as determined 

18 necessary by the Secretary: Provided further, That (a) the 

19 Center for Domestic Preparedness may provide training 

20 to emergency response providers from the Federal Govern21 ment, foreign governments, or private entities, if the Cen22 ter is reimbursed for the cost of such training, and any 

23 reimbursement under this subsection shall be credited to 

24 the account from which the expenditure being reimbursed 

25 was made and shall be available, without fiscal year limita-
50 

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1 tion, for the purposes for which amounts in the account 

2 may be expended, and (b) the head of the Center for Do3 mestic Preparedness shall ensure that any training pro4 vided under (a) does not interfere with the primary mis5 sion of the Center to train State and local emergency re6 sponse providers: Provided further, That not later than 60 

7 days after the date of enactment of this Act, the Adminis8 trator of the Federal Emergency Management Agency 

9 shall submit to the Committees on Appropriations of the 

10 Senate and the House of Representatives a plan to expend 

11 by the end of fiscal year 2012 all unexpended balances 

12 of funds appropriated for fiscal years before fiscal year 

13 2008 under this heading. 

14 FIREFIGHTER ASSISTANCE GRANTS

15 For necessary expenses for programs authorized by 

16 the Federal Fire Prevention and Control Act of 1974 (15 

17 U.S.C. 2201 et seq.), $350,000,000 (increased by 

18 $320,000,000), of which $200,000,000 (increased by 

19 $135,000,000) shall be available to carry out section 33 

20 of that Act (15 U.S.C. 2229) and $150,000,000 (in21 creased by $185,000,000) shall be available to carry out 

22 section 34 of that Act (15 U.S.C. 2229a), to remain avail23 able until September 30, 2013: Provided, That not to ex24 ceed 10 percent of the amount available under this head25 ing shall be transferred to ‘‘Federal Emergency Manage-
51 

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1 ment Agency, Management and Administration’’ for pro2 gram administration, and an expenditure plan for pro3 gram administration shall be provided to the Committees 

4 on Appropriations of the Senate and the House of Rep5 resentatives not later than 60 days after the date of enact6 ment of this Act: Provided further, That an expenditure 

7 plan for program administration shall be submitted at the 

8 time that the President’s budget is submitted each year 

9 under section 1105(a) of title 31, United States Code, to 

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives. 

12 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

13 For necessary expenses for emergency management 

14 performance grants, as authorized by the National Flood 

15 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob16 ert T. Stafford Disaster Relief and Emergency Assistance 

17 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 

18 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re19 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

20 $350,000,000: Provided, That not to exceed 10 percent 

21 of the amount available under this heading shall be trans22 ferred to ‘‘Federal Emergency Management Agency, Man23 agement and Administration’’ for program administration, 

24 and an expenditure plan for program administration shall 

25 be provided to the Committees on Appropriations of the 
52 

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1 Senate and the House of Representatives not later than 

2 60 days after the date of enactment of this Act: Provided 

3 further, That an expenditure plan for program administra4 tion shall be submitted at the time that the President’s 

5 budget is submitted each year under section 1105(a) of 

6 title 31, United States Code, to the Committees on Appro7 priations of the Senate and the House of Representatives. 

8 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

9 The aggregate charges assessed during fiscal year 

10 2012, as authorized in title III of the Departments of Vet11 erans Affairs and Housing and Urban Development, and 

12 Independent Agencies Appropriations Act, 1999 (42 

13 U.S.C. 5196e), shall not be less than 100 percent of the 

14 amounts anticipated by the Department of Homeland Se15 curity necessary for its radiological emergency prepared16 ness program for the next fiscal year: Provided, That the 

17 methodology for assessment and collection of fees shall be 

18 fair and equitable and shall reflect costs of providing such 

19 services, including administrative costs of collecting such 

20 fees: Provided further, That fees received under this head21 ing shall be deposited in this account as offsetting collec22 tions and will become available for authorized purposes on 

23 October 1, 2012, and remain available until expended. 
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1 UNITED STATES FIRE ADMINISTRATION

2 For necessary expenses of the United States Fire Ad3 ministration and for other purposes, as authorized by the 

4 Federal Fire Prevention and Control Act of 1974 (15 

5 U.S.C. 2201 et seq.) and the Homeland Security Act of 

6 2002 (6 U.S.C. 101 et seq.), $42,538,000. 

7 DISASTER RELIEF

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses in carrying out the Robert 

10 T. Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5121 et seq.), $2,650,000,000 (reduced by 

12 $100,000,000) (increased by $100,000,000), to remain 

13 available until expended: Provided, That the Federal 

14 Emergency Management Agency shall submit an expendi15 ture plan to the Committees on Appropriations of the Sen16 ate and the House of Representatives detailing the use of 

17 the funds for disaster readiness and support not later than 

18 60 days after the date of enactment of this Act: Provided 

19 further, That the Federal Emergency Management Agency 

20 shall submit to such Committees a quarterly report detail21 ing obligations against the expenditure plan and a jus22 tification for any changes in spending: Provided further, 

23 That of the total amount provided, $16,000,000 shall be 

24 transferred to the Department of Homeland Security Of25 fice of Inspector General for audits and investigations re-
54 

•HR 2017 RS

1 lated to disasters, subject to section 503 of this Act: Pro2 vided further, That not later than 60 days after the date 

3 of enactment of this Act, $105,600,000 shall be trans4 ferred to ‘‘Federal Emergency Management Agency, Man5 agement and Administration’’ for management and ad6 ministration functions: Provided further, That the Admin7 istrator of the Federal Emergency Management Agency 

8 shall submit the monthly ‘‘Disaster Relief’’ report, as 

9 specified in Public Law 110–161, to the Committees on 

10 Appropriations of the Senate and the House of Represent11 atives, and include the amounts provided to each Federal 

12 agency for mission assignments: Provided further, That 

13 the Administrator of the Federal Emergency Management 

14 Agency shall submit quarterly reports to the Committees 

15 on Appropriations of the Senate and the House of Rep16 resentatives providing estimates of funding requirements 

17 for ‘‘Disaster Relief’’ for the current fiscal year and the 

18 succeeding three fiscal years which shall include— 

19 (1) an estimate, by quarter, for the costs of all 

20 previously designated disasters; 

21 (2) an estimate, by quarter, for the cost of fu22 ture disasters based on a five-year average, exclud23 ing catastrophic disasters; 

24 (3) an estimate, by quarter, for the costs of cat25 astrophic disasters excluded from the five-year aver-
55 

•HR 2017 RS

1 age subdivided by disaster and shall include the 

2 amount already obligated and the remaining esti3 mated costs; and 

4 (4) an estimate of the date on which the ‘‘Dis5 aster Relief’’ balance will reach $800,000,000: Pro6 vided further, That the Administrator of the Federal 

7 Emergency Management Agency shall develop a pol8 icy and provide a report on such policy that defines 

9 the five-year average used to develop the budget esti10 mates for disaster relief not later than 60 days after 

11 the date of enactment of this Act that shall include 

12 a clear and reproducible definition of the five-year 

13 average used as a basis for the request, the respon14 sible official who develops the average, and the data 

15 source(s) used: Provided further, That the Adminis16 trator of the Federal Emergency Management Agen17 cy shall include in the fiscal year 2013 budget sub18 mission for disaster relief a clear statement of the 

19 five-year average used as a basis for the request, the 

20 fiscal years included in the average, a list of the obli21 gations for each of the five fiscal years, and all ad22 justments made to the gross obligation total for each 

23 of the five fiscal years, including a record of which 

24 catastrophic disasters are excluded from each year’s 

25 obligation total and the associated amount excluded; 
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•HR 2017 RS

1 inflation adjustments; and the amount and source of 

2 recoveries applied against the obligation total: Pro3 vided further, That the President shall submit an 

4 offset budget amendment from within discretionary 

5 funds not later than three months prior to the date 

6 that the Administrator of the Federal Emergency 

7 Management Agency estimates that the total amount 

8 remaining unallocated in ‘‘Disaster Relief’ ’’ will 

9 reach $800,000,000, and that the request shall ac10 count for all estimated funding requirements for 

11 that fiscal year: Provided further, That for any re12 quest for reimbursement from a Federal agency to 

13 the Department of Homeland Security to cover ex14 penditures under the Robert T. Stafford Disaster 

15 Relief and Emergency Assistance Act (42 U.S.C. 

16 5121 et seq.), or any mission assignment orders 

17 issued by the Department for such purposes, the 

18 Secretary of Homeland Security shall take appro19 priate steps to ensure that each agency is periodi20 cally reminded of the Department policies on— 

21 (A) the detailed information required in 

22 supporting documentation for reimbursements; 

23 and 

24 (B) the necessity for timeliness of agency 

25 billings. 
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1 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

2 For activities under section 319 of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5162), $296,000 is for the cost of direct loans: 

5 Provided, That gross obligations for the principal amount 

6 of direct loans shall not exceed $25,000,000: Provided fur7 ther, That the cost of modifying such loans shall be as 

8 defined in section 502 of the Congressional Budget Act 

9 of 1974 (2 U.S.C. 661a). 

10 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

11 For necessary expenses under section 1360 of the 

12 National Flood Insurance Act of 1968 (42 U.S.C. 4101), 

13 $102,712,000, and such additional sums as may be pro14 vided by State and local governments or other political 

15 subdivisions for cost-shared mapping activities under sec16 tion 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re17 main available until expended: Provided, That total admin18 istrative costs shall not exceed three percent of the total 

19 amount appropriated under this heading. 

20 NATIONAL FLOOD INSURANCE FUND

21 For activities under the National Flood Insurance 

22 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis23 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

24 $171,000,000, which shall remain available until Sep25 tember 30, 2013, and shall be derived from offsetting col-
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•HR 2017 RS

1 lections assessed and collected under section 1308(d) of 

2 the National Flood Insurance Act of 1968 (42 U.S.C. 

3 4015(d)), which is available for salaries and expenses as4 sociated with flood mitigation and flood insurance oper5 ations; and flood plain management and flood mapping: 

6 Provided, That not to exceed $22,000,000 shall be avail7 able for salaries and expenses associated with flood mitiga8 tion and flood insurance operations: Provided further, 

9 That not less than $149,000,000 shall be available for 

10 flood plain management and flood mapping: Provided fur11 ther, That any additional fees collected pursuant to section 

12 1308(d) of the National Flood Insurance Act of 1968 (42 

13 U.S.C. 4015(d)) shall be credited as an offsetting collec14 tion to this account, to be available for flood plain manage15 ment and flood mapping: Provided further, That in fiscal 

16 year 2012, no funds shall be available from the National 

17 Flood Insurance Fund under section 1310 of that Act (42 

18 U.S.C. 4017) in excess of: (1) $132,000,000 for operating 

19 expenses; (2) $1,007,571,000 for commissions and taxes 

20 of agents; (3) such sums as are necessary for interest on 

21 Treasury borrowings; and (4) $50,000,000, which shall re22 main available until expended for flood mitigation actions, 

23 of which $10,000,000 is for repetitive insurance claims 

24 properties under section 1323 of the National Flood In25 surance Act of 1968 (42 U.S.C. 4030), and of which 
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1 $40,000,000 is for flood mitigation assistance under sec2 tion 1366 of the National Flood Insurance Act of 1968 

3 (42 U.S.C. 4104c), notwithstanding subparagraphs (B) 

4 and (C) of subsection (b)(3) and subsection (f) of section 

5 1366 of the National Flood Insurance Act of 1968 (42 

6 U.S.C. 4104c), and notwithstanding subsection (a)(7) of 

7 section 1310 of the National Flood Insurance Act of 1968 

8 (42 U.S.C. 4017): Provided further, That amounts col9 lected under section 102 of the Flood Disaster Protection 

10 Act of 1973 and section 1366(i) of the National Flood 

11 Insurance Act of 1968 shall be deposited in the National 

12 Flood Insurance Fund to supplement other amounts speci13 fied as available for section 1366 of the National Flood 

14 Insurance Act of 1968, notwithstanding section 102(f)(8) 

15 of the Flood Disaster Protection Act of 1973, section 

16 1366(i) of the National Flood Insurance Act of 1968, and 

17 paragraphs (2) and (3) of section 1366(5) of the National 

18 Flood Insurance Act of 1968: Provided further, That total 

19 administrative costs shall not exceed four percent of the 

20 total appropriation. 

21 NATIONAL PREDISASTER MITIGATION FUND

22 For the predisaster mitigation grant program under 

23 section 203 of the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act (42 U.S.C. 5133), 

25 $40,000,000, to remain available until expended: Pro-
60 

•HR 2017 RS

1 vided, That the total administrative costs associated with 

2 such grants shall not exceed three percent of the total 

3 amount made available under this heading. 

4 EMERGENCY FOOD AND SHELTER

5 To carry out the emergency food and shelter program 

6 pursuant to title III of the McKinney-Vento Homeless As7 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 

8 remain available until expended: Provided, That total ad9 ministrative costs shall not exceed 3.5 percent of the total 

10 amount made available under this heading. 

11 TITLE IV 

12 RESEARCH AND DEVELOPMENT, TRAINING, 

13 AND SERVICES 

14 UNITED STATES CITIZENSHIP AND IMMIGRATION

15 SERVICES

16 For necessary expenses for citizenship and immigra17 tion services, $132,361,000 for immigration verification 

18 programs, including the E-Verify Program, as authorized 

19 by section 403(a) of the Illegal Immigration Reform and 

20 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

21 note), to assist United States employers with maintaining 

22 a legal workforce: Provided, That notwithstanding any 

23 other provision of law, funds available to United States 

24 Citizenship and Immigration Services may be used to ac25 quire, operate, equip, and dispose of up to five vehicles, 
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1 for replacement only, for areas where the Administrator 

2 of General Services does not provide vehicles for lease: 

3 Provided further, That the Director of United States Citi4 zenship and Immigration Services may authorize employ5 ees who are assigned to those areas to use such vehicles 

6 to travel between the employees’ residences and places of 

7 employment. 

8 FEDERAL LAW ENFORCEMENT TRAINING CENTER

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Law Enforce11 ment Training Center, including materials and support 

12 costs of Federal law enforcement basic training; the pur13 chase of not to exceed 117 vehicles for police-type use and 

14 hire of passenger motor vehicles; expenses for student ath15 letic and related activities; the conduct of and participa16 tion in firearms matches and presentation of awards; pub17 lic awareness and enhancement of community support of 

18 law enforcement training; room and board for student in19 terns; a flat monthly reimbursement to employees author20 ized to use personal mobile phones for official duties; and 

21 services as authorized by section 3109 of title 5, United 

22 States Code; $238,957,000, of which up to $48,978,000 

23 shall remain available until September 30, 2013, for mate24 rials and support costs of Federal law enforcement basic 

25 training; of which $300,000 shall remain available until 
62 

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1 expended to be distributed to Federal law enforcement 

2 agencies for expenses incurred participating in training ac3 creditation; and of which not to exceed $12,000 shall be 

4 for official reception and representation expenses: Pro5 vided, That the Center is authorized to obligate funds in 

6 anticipation of reimbursements from agencies receiving 

7 training sponsored by the Center, except that total obliga8 tions at the end of the fiscal year shall not exceed total 

9 budgetary resources available at the end of the fiscal year: 

10 Provided further, That section 1202(a) of Public Law 

11 107–206 (42 U.S.C. 3771 note), as amended by Public 

12 Law 111–83 (123 Stat. 2166), is further amended by 

13 striking ‘‘December 31, 2012’’ and inserting ‘‘December 

14 31, 2014’’: Provided further, That the Director of the Fed15 eral Law Enforcement Training Center shall schedule 

16 basic or advanced law enforcement training, or both, at 

17 all four training facilities under the control of the Federal 

18 Law Enforcement Training Center to ensure that such 

19 training facilities are operated at the highest capacity 

20 throughout the fiscal year: Provided further, That the Fed21 eral Law Enforcement Training Accreditation Board, in22 cluding representatives from the Federal law enforcement 

23 community and non-Federal accreditation experts involved 

24 in law enforcement training, shall lead the Federal law 

25 enforcement training accreditation process to continue the 
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1 implementation of measuring and assessing the quality 

2 and effectiveness of Federal law enforcement training pro3 grams, facilities, and instructors. 

4 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

5 RELATED EXPENSES

6 For acquisition of necessary additional real property 

7 and facilities, construction, and ongoing maintenance, fa8 cility improvements, and related expenses of the Federal 

9 Law Enforcement Training Center, $35,456,000, to re10 main available until September 30, 2016: Provided, That 

11 the Center is authorized to accept reimbursement to this 

12 appropriation from government agencies requesting the 

13 construction of special use facilities. 

14 SCIENCE AND TECHNOLOGY 

15 MANAGEMENT AND ADMINISTRATION

16 For salaries and expenses of the Office of the Under 

17 Secretary for Science and Technology and for manage18 ment and administration of programs and activities, as 

19 authorized by title III of the Homeland Security Act of 

20 2002 (6 U.S.C. 181 et seq.), $140,565,000: Provided, 

21 That not to exceed $10,000 shall be for official reception 

22 and representation expenses. 
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1 RESEARCH, DEVELOPMENT, ACQUISITION, AND

2 OPERATIONS

3 For necessary expenses for science and technology re4 search, including advanced research projects, development, 

5 test and evaluation, acquisition, and operations as author6 ized by title III of the Homeland Security Act of 2002 

7 (6 U.S.C. 181 et seq.), and the purchase or lease of not 

8 to exceed five vehicles, $398,213,000, of which 

9 $196,713,000, to remain available until September 30, 

10 2014; and of which $201,500,000, to remain available 

11 until September 30, 2016, solely for operation and con12 struction of laboratory facilities. 

13 DOMESTIC NUCLEAR DETECTION OFFICE 

14 MANAGEMENT AND ADMINISTRATION

15 For salaries and expenses of the Domestic Nuclear 

16 Detection Office, as authorized by title XIX of the Home17 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man18 agement and administration of programs and activities, 

19 $40,000,000: Provided, That not to exceed $3,000 shall 

20 be for official reception and representation expenses. 

21 RESEARCH, DEVELOPMENT, AND OPERATIONS

22 For necessary expenses for radiological and nuclear 

23 research, development, testing, evaluation, and operations, 

24 $245,194,000, to remain available until September 30, 

25 2014. 
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1 SYSTEMS ACQUISITION

2 For expenses for the Domestic Nuclear Detection Of3 fice acquisition and deployment of radiological detection 

4 systems in accordance with the global nuclear detection 

5 architecture, $52,000,000, to remain available until Sep6 tember 30, 2014: Provided, That none of the funds appro7 priated under this heading in this Act or any other Act 

8 shall be obligated for full-scale procurement of advanced 

9 spectroscopic portal monitors until the Secretary of Home10 land Security submits to the Committees on Appropria11 tions of the Senate and the House of Representatives a 

12 report certifying that a significant increase in operational 

13 effectiveness will be achieved by such obligation: Provided 

14 further, That the Secretary shall submit separate and dis15 tinct certifications prior to the procurement of advanced 

16 spectroscopic portal monitors for primary and secondary 

17 deployment that address the unique requirements for 

18 operational effectiveness of each type of deployment: Pro19 vided further, That the Secretary shall continue to consult 

20 with the National Academy of Sciences before making 

21 such certifications: Provided further, That none of the 

22 funds appropriated under this heading shall be used for 

23 high-risk concurrent development and production of mutu24 ally dependent software and hardware. 
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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS OF FUNDS)

4 SEC. 501. No part of any appropriation contained in 

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

7 SEC. 502. Subject to the requirements of section 503 

8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 

10 to appropriation accounts for such activities established 

11 pursuant to this Act, may be merged with funds in the 

12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 

15 SEC. 503. (a) None of the funds provided by this Act, 

16 provided by previous appropriations Acts to the agencies 

17 in or transferred to the Department of Homeland Security 

18 that remain available for obligation or expenditure in fiscal 

19 year 2012, or provided from any accounts in the Treasury 

20 of the United States derived by the collection of fees avail21 able to the agencies funded by this Act, shall be available 

22 for obligation or expenditure through a reprogramming of 

23 funds that: (1) creates a new program, project, office, or 

24 activity; (2) eliminates a program, project, office, or activ25 ity; (3) increases funds for any program, project, or activ-
67 

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1 ity for which funds have been denied or restricted by the 

2 Congress; (4) proposes to use funds directed for a specific 

3 activity by either of the Committees on Appropriations of 

4 the Senate or the House of Representatives for a different 

5 purpose; or (5) contracts out any function or activity for 

6 which funding levels were requested for Federal full-time 

7 equivalents in the object classification tables contained in 

8 the fiscal year 2012 Budget Appendix for the Department 

9 of Homeland Security, as modified by the joint explana10 tory statement accompanying this Act, unless the Commit11 tees on Appropriations of the Senate and the House of 

12 Representatives are notified 15 days in advance of such 

13 reprogramming of funds. 

14 (b) None of the funds provided by this Act, provided 

15 by previous appropriations Acts to the agencies in or 

16 transferred to the Department of Homeland Security that 

17 remain available for obligation or expenditure in fiscal 

18 year 2012, or provided from any accounts in the Treasury 

19 of the United States derived by the collection of fees or 

20 proceeds available to the agencies funded by this Act, shall 

21 be available for obligation or expenditure for programs, 

22 projects, or activities through a reprogramming of funds 

23 in excess of $5,000,000 or 10 percent, whichever is less, 

24 that: (1) augments existing programs, projects, or activi25 ties; (2) reduces by 10 percent funding for any existing 
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1 program, project, or activity, or reduces the numbers of 

2 personnel by 10 percent as approved by the Congress; or 

3 (3) results from any general savings from a reduction in 

4 personnel that would result in a change in existing pro5 grams, projects, or activities as approved by the Congress, 

6 unless the Committees on Appropriations of the Senate 

7 and the House of Representatives are notified 15 days in 

8 advance of such reprogramming of funds. 

9 (c) Not to exceed five percent of any appropriation 

10 made available for the current fiscal year for the Depart11 ment of Homeland Security by this Act or provided by 

12 previous appropriations Acts may be transferred between 

13 such appropriations, but no such appropriation, except as 

14 otherwise specifically provided, shall be increased by more 

15 than 10 percent by such transfers: Provided, That any 

16 transfer under this section shall be treated as a re17 programming of funds under subsection (b) and shall not 

18 be available for obligation unless the Committees on Ap19 propriations of the Senate and the House of Representa20 tives are notified 15 days in advance of such transfer. 

21 (d) Notwithstanding subsections (a), (b), and (c) of 

22 this section, no funds shall be reprogrammed within or 

23 transferred between appropriations after June 30, except 

24 in extraordinary circumstances that imminently threaten 

25 the safety of human life or the protection of property. 
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1 (e) The notification thresholds and procedures set 

2 forth in this section shall apply to any use of deobligated 

3 balances of funds provided in previous Department of 

4 Homeland Security Appropriations Acts. 

5 SEC. 504. The Department of Homeland Security 

6 Working Capital Fund, established pursuant to section 

7 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

8 continue operations as a permanent working capital fund 

9 for fiscal year 2012: Provided, That none of the funds ap10 propriated or otherwise made available to the Department 

11 of Homeland Security may be used to make payments to 

12 the Working Capital Fund, except for the activities and 

13 amounts allowed in the President’s fiscal year 2012 budg14 et: Provided further, That funds provided to the Working 

15 Capital Fund shall be available for obligation until ex16 pended to carry out the purposes of the Working Capital 

17 Fund: Provided further, That all departmental components 

18 shall be charged only for direct usage of each Working 

19 Capital Fund service: Provided further, That funds pro20 vided to the Working Capital Fund shall be used only for 

21 purposes consistent with the contributing component: Pro22 vided further, That the Working Capital Fund shall be 

23 paid in advance or reimbursed at rates which will return 

24 the full cost of each service: Provided further, That the 
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1 Working Capital Fund shall be subject to the require2 ments of section 503 of this Act. 

3 SEC. 505. Except as otherwise specifically provided 

4 by law, not to exceed 50 percent of unobligated balances 

5 remaining available at the end of fiscal year 2012 from 

6 appropriations for salaries and expenses for fiscal year 

7 2012 in this Act shall remain available through September 

8 30, 2013, in the account and for the purposes for which 

9 the appropriations were provided: Provided, That prior to 

10 the obligation of such funds, a request shall be submitted 

11 to the Committees on Appropriations of the Senate and 

12 the House of Representatives for approval in accordance 

13 with section 503 of this Act. 

14 SEC. 506. Funds made available by this Act for intel15 ligence activities are deemed to be specifically authorized 

16 by the Congress for purposes of section 504 of the Na17 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

18 year 2012 until the enactment of an Act authorizing intel19 ligence activities for fiscal year 2012. 

20 SEC. 507. (a) Except as provided in subsections (b) 

21 and (c), none of the funds made available by this Act may 

22 be used to— 

23 (1) make or award a grant allocation, grant, 

24 contract, other transaction agreement, task or deliv25 ery order on a Department of Homeland Security 
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1 multiple award contract, or to issue a letter of intent 

2 totaling in excess of $1,000,000; 

3 (2) award a task order requiring an obligation 

4 of funds in an amount greater than $25,000,000 

5 from multi-year Department of Homeland Security 

6 funds or a task order that would cause cumulative 

7 obligations of multi-year funds in a single account to 

8 exceed 50 percent of the total amount appropriated; 

9 or 

10 (3) announce publicly the intention to make or 

11 award items under paragraph (1) or (2), including 

12 a contract covered by the Federal Acquisition Regu13 lation. 

14 (b) The Secretary of Homeland Security may waive 

15 the prohibition under subsection (a) if the Secretary noti16 fies the Committees on Appropriations of the Senate and 

17 the House of Representatives at least three full business 

18 days in advance of making an award or issuing a letter 

19 as described in that subsection. 

20 (c) If the Secretary of Homeland Security determines 

21 that compliance with this section would pose a substantial 

22 risk to human life, health, or safety, an award may be 

23 made without notification, then the Secretary shall notify 

24 the Committees on Appropriations of the Senate and the 
72 

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1 House of Representatives not later than five full business 

2 days after such an award is made or letter issued. 

3 (d) A notification under this section— 

4 (1) may not involve funds that are not available 

5 for obligation; and 

6 (2) shall include the amount of the award, the 

7 fiscal year for which the funds for the award were 

8 appropriated, and the account from which the funds 

9 are being drawn. 

10 (e) The Administrator of the Federal Emergency 

11 Management Agency shall brief the Committees on Appro12 priations of the Senate and the House of Representatives 

13 five full business days in advance of announcing publicly 

14 the intention of making an award under ‘‘State and Local 

15 Programs’’ 

16 SEC. 508. Notwithstanding any other provision of 

17 law, no agency shall purchase, construct, or lease any ad18 ditional facilities, except within or contiguous to existing 

19 locations, to be used for the purpose of conducting Federal 

20 law enforcement training without the advance approval of 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives, except that the Federal Law 

23 Enforcement Training Center is authorized to obtain the 

24 temporary use of additional facilities by lease, contract, 
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•HR 2017 RS

1 or other agreement for training that cannot be accommo2 dated in existing Center facilities. 

3 SEC. 509. None of the funds appropriated or other4 wise made available by this Act may be used for expenses 

5 for any construction, repair, alteration, or acquisition 

6 project for which a prospectus otherwise required under 

7 chapter 33 of title 40, United States Code, has not been 

8 approved, except that necessary funds may be expended 

9 for each project for required expenses for the development 

10 of a proposed prospectus. 

11 SEC. 510. Sections 520, 522, and 530 of the Depart12 ment of Homeland Security Appropriations Act, 2008 (di13 vision E of Public Law 110–161; 121 Stat. 2042 et seq.) 

14 shall apply with respect to funds made available in this 

15 Act in the same manner as such sections applied to funds 

16 made available in that Act. 

17 SEC. 511. None of the funds made available in this 

18 Act may be used in contravention of the applicable provi19 sions of the Buy American Act (41 U.S.C. 10a et seq.). 

20 SEC. 512. None of the funds made available in this 

21 Act may be used by any person other than the Privacy 

22 Officer appointed under subsection (a) of section 222 of 

23 the Homeland Security Act of 2002 (6 U.S.C. 142(a)) to 

24 alter, direct that changes be made to, delay, or prohibit 
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1 the transmission to Congress of any report prepared under 

2 paragraph (6) of such subsection. 

3 SEC. 513. None of the funds made available in this 

4 Act may be used to amend the oath of allegiance required 

5 by section 337 of the Immigration and Nationality Act 

6 (8 U.S.C. 1448). 

7 SEC. 514. Within 45 days after the end of each 

8 month, the Chief Financial Officer of the Department of 

9 Homeland Security shall submit to the Committees on Ap10 propriations of the Senate and the House of Representa11 tives a monthly budget and staffing report for that month 

12 that includes total obligations, on-board versus funded 

13 full-time equivalent staffing levels, and the number of con14 tract employees for each office of the Department. 

15 SEC. 515. Except as provided in section 44945 of title 

16 49, United States Code, funds appropriated for or trans17 ferred to ‘‘Transportation Security Administration, Avia18 tion Security’’, ‘‘Transportation Security Administration, 

19 Administration’’, and ‘‘Transportation Security Adminis20 tration, Transportation Security Support’’ for fiscal years 

21 2004, 2005, 2006, 2007, 2008, 2009, and 2010 that are 

22 recovered or deobligated shall be available only for the pro23 curement or installation of explosives detection systems, 

24 air cargo, baggage, and checkpoint screening systems, 

25 subject to notification: Provided, That quarterly reports 
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1 shall be submitted to the Committees on Appropriations 

2 of the Senate and the House of Representatives on any 

3 funds that are so recovered or deobligated. 

4 SEC. 516. Any funds appropriated to ‘‘Coast Guard, 

5 Acquisition, Construction, and Improvements’’ for fiscal 

6 years 2002, 2003, 2004, 2005, and 2006 for the 110– 

7 123 foot patrol boat conversion that are recovered, col8 lected, or otherwise received as the result of negotiation, 

9 mediation, or litigation, shall be available until expended 

10 for the Fast Response Cutter program. 

11 SEC. 517. Section 532(a) of Public Law 109–295 

12 (120 Stat. 1384) is amended by striking ‘‘2010’’ and in13 serting ‘‘2012’’. 

14 SEC. 518. The functions of the Federal Law Enforce15 ment Training Center instructor staff shall be classified 

16 as inherently governmental for the purpose of the Federal 

17 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

18 note). 

19 SEC. 519. (a) Except as provided in subsection (b), 

20 none of the funds appropriated in this or any other Act 

21 to the Office of the Secretary and Executive Management, 

22 the Office of the Under Secretary for Management, or the 

23 Office of the Chief Financial Officer, may be obligated for 

24 a grant or contract funded under such headings by any 

25 means other than full and open competition. 
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1 (b) Subsection (a) does not apply to obligation of 

2 funds for a contract awarded— 

3 (1) by a means that is required by a Federal 

4 statute, including obligation for a purchase made 

5 under a mandated preferential program, including 

6 the AbilityOne Program, that is authorized under 

7 the Javits-Wagner-O’Day Act (41 U.S.C. 46 et 

8 seq.); 

9 (2) pursuant to the Small Business Act (15 

10 U.S.C. 631 et seq.); 

11 (3) in an amount less than the simplified acqui12 sition threshold described under section 302A(a) of 

13 the Federal Property and Administrative Services 

14 Act of 1949 (41 U.S.C. 252a(a)); or 

15 (4) by another Federal agency using funds pro16 vided through an interagency agreement. 

17 (c)(1) Subject to paragraph (2), the Secretary of 

18 Homeland Security may waive the application of this sec19 tion for the award of a contract in the interest of national 

20 security or if failure to do so would pose a substantial risk 

21 to human health or welfare. 

22 (2) Not later than five days after the date on which 

23 the Secretary of Homeland Security issues a waiver under 

24 this subsection, the Secretary shall submit notification of 

25 that waiver to the Committees on Appropriations of the 
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1 Senate and the House of Representatives, including a de2 scription of the applicable contract to which the waiver 

3 applies and an explanation of why the waiver authority 

4 was used: Provided, That the Secretary may not delegate 

5 the authority to grant such a waiver. 

6 (d) In addition to the requirements established by 

7 subsections (a), (b), and (c) of this section, the Inspector 

8 General of the Department of Homeland Security shall re9 view departmental contracts awarded through means other 

10 than a full and open competition to assess departmental 

11 compliance with applicable laws and regulations: Provided, 

12 That the Inspector General shall review selected contracts 

13 awarded in the previous fiscal year through means other 

14 than a full and open competition: Provided further, That 

15 in selecting which contracts to review, the Inspector Gen16 eral shall consider the cost and complexity of the goods 

17 and services to be provided under the contract, the criti18 cality of the contract to fulfilling Department missions, 

19 past performance problems on similar contracts or by the 

20 selected vendor, complaints received about the award proc21 ess or contractor performance, and such other factors as 

22 the Inspector General deems relevant: Provided further, 

23 That the Inspector General shall report the results of the 

24 reviews to the Committees on Appropriations of the Sen-
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1 ate and the House of Representatives no later than Feb2 ruary 6, 2012. 

3 SEC. 520. None of the funds provided in this Act or 

4 any previous appropriations Acts shall be used to fund any 

5 position designated as a Principal Federal Official, or suc6 cessor position, for any event that is declared a major dis7 aster or emergency under the Robert T. Stafford Disaster 

8 Relief and Emergency Assistance Act (42 U.S.C. et seq.). 

9 SEC. 521. None of the funds made available in this 

10 or any other Act may be used to enforce section 4025(1) 

11 of the Intelligence Reform and Terrorism Prevention Act 

12 (Public Law 108–458; 118 Stat. 3724) unless the Assist13 ant Secretary of Homeland Security (Transportation Se14 curity Administration) reverses the determination of July 

15 19, 2007, that butane lighters are not a significant threat 

16 to civil aviation security. 

17 SEC. 522. None of the funds made available in this 

18 Act may be used to carry out section 872 of the Homeland 

19 Security Act of 2002 (6 U.S.C. 452). 

20 SEC. 523. None of the funds made available in this 

21 Act may be used by United States Citizenship and Immi22 gration Services to grant an immigration benefit unless 

23 the results of background checks required by law to be 

24 completed prior to the granting of the benefit have been 

25 received by United States Citizenship and Immigration 
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1 Services, and the results do not preclude the granting of 

2 the benefit. 

3 SEC. 524. None of the funds made available in this 

4 or any other Act for fiscal year 2012 and hereafter may 

5 be used to destroy or put out to pasture any horse or other 

6 equine belonging to any component or agency of the De7 partment of Homeland Security that has become unfit for 

8 service, unless the trainer or handler is first given the op9 tion to take possession of the equine through an adoption 

10 program that has safeguards against slaughter and inhu11 mane treatment. 

12 SEC. 525. Section 831 of the Homeland Security Act 

13 of 2002 (6 U.S.C. 391) is amended— 

14 (1) in subsection (a), by striking ‘‘Until Sep15 tember 30, 2011,’’ and inserting ‘‘Until September 

16 30, 2012,’’; and 

17 (2) in subsection (d)(1), by striking ‘‘September 

18 30, 2011,’’ and inserting ‘‘September 30, 2012,’’. 

19 SEC. 526. The Secretary of Homeland Security shall 

20 require that all contracts of the Department of Homeland 

21 Security that provide award fees link such fees to success22 ful acquisition outcomes (which outcomes shall be speci23 fied in terms of cost, schedule, and performance). 

24 SEC. 527. None of the funds made available to the 

25 Office of the Secretary and Executive Management under 
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1 this Act may be expended for any new hires by the Depart2 ment of Homeland Security that are not verified through 

3 the E-Verify Program established under section 403(a) of 

4 the Illegal Immigration Reform and Immigrant Responsi5 bility Act of 1996 (8 U.S.C. 1324a note). 

6 SEC. 528. None of the funds made available in this 

7 Act for U.S. Customs and Border Protection may be used 

8 to prevent an individual not in the business of importing 

9 a prescription drug (within the meaning of section 801(g) 

10 of the Federal Food, Drug, and Cosmetic Act) from im11 porting a prescription drug from Canada that complies 

12 with the Federal Food, Drug, and Cosmetic Act: Provided, 

13 That this section shall apply only to individuals trans14 porting on their person a personal-use quantity of the pre15 scription drug, not to exceed a 90-day supply: Provided 

16 further, That the prescription drug may not be— 

17 (1) a controlled substance, as defined in section 

18 102 of the Controlled Substances Act (21 U.S.C. 

19 802); or 

20 (2) a biological product, as defined in section 

21 351 of the Public Health Service Act (42 U.S.C. 

22 262). 

23 SEC. 529. The Secretary of Homeland Security, in 

24 consultation with the Secretary of the Treasury, shall no25 tify the Committees on Appropriations of the Senate and 
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1 the House of Representatives of any proposed transfers 

2 of funds available under subsection (g)(4)(B) of title 31, 

3 United States Code (as added by Public Law 102–393) 

4 from the Department of the Treasury Forfeiture Fund to 

5 any agency within the Department of Homeland Security: 

6 Provided, That none of the funds identified for such a 

7 transfer may be obligated until the Committees on Appro8 priations of the Senate and the House of Representatives 

9 approve the proposed transfers. 

10 SEC. 530. None of the funds made available in this 

11 Act may be used for planning, testing, piloting, or devel12 oping a national identification card. 

13 SEC. 531. If the Assistant Secretary of Homeland Se14 curity (Transportation Security Administration) deter15 mines that an airport does not need to participate in the 

16 E-Verify Program established under section 403(a) of the 

17 Illegal Immigration Reform and Immigrant Responsibility 

18 Act of 1996 (8 U.S.C. 1324a note), the Assistant Sec19 retary shall certify to the Committees on Appropriations 

20 of the Senate and the House of Representatives that no 

21 security risks will result from such non-participation. 

22 SEC. 532. (a) Notwithstanding any other provision 

23 of this Act, except as provided in subsection (b), and 30 

24 days after the date on which the President determines 

25 whether to declare a major disaster because of an event 
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1 and any appeal is completed, the Administrator shall sub2 mit to the Committee on Homeland Security and Govern3 mental Affairs of the Senate, the Committee on Homeland 

4 Security of the House of Representatives, the Committee 

5 on Transportation and Infrastructure of the House of 

6 Representatives, and the Committees on Appropriations of 

7 the Senate and the House of Representatives, and publish 

8 on the website of the Federal Emergency Management 

9 Agency, a report regarding that decision, which shall sum10 marize damage assessment information used to determine 

11 whether to declare a major disaster. 

12 (b) The Administrator may redact from a report 

13 under subsection (a) any data that the Administrator de14 termines would compromise national security. 

15 (c) In this section— 

16 (1) the term ‘‘Administrator’’ means the Ad17 ministrator of the Federal Emergency Management 

18 Agency; and 

19 (2) the term ‘‘major disaster’’ has the meaning 

20 given that term in section 102 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance 

22 Act (42 U.S.C. 5122). 

23 SEC. 533. (a) Notwithstanding any other provision 

24 of law during fiscal year 2012 or any subsequent fiscal 

25 year, if the Secretary of Homeland Security determines 
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1 that the National Bio- and Agro-defense Facility be lo2 cated at a site other than Plum Island, New York, the 

3 Secretary shall ensure that the Administrator of General 

4 Services sells through public sale all real and related per5 sonal property and transportation assets that support 

6 Plum Island operations, subject to such terms and condi7 tions as may be necessary to protect Government interests 

8 and meet program requirements. 

9 (b) The proceeds of any sale described in subsection 

10 (a) shall be deposited as offsetting collections into the De11 partment of Homeland Security ‘‘Science and Technology, 

12 Research, Development, Acquisition, and Operations’’ ac13 count and, subject to appropriation, shall be available until 

14 expended, for site acquisition, construction, and costs re15 lated to the construction of the National Bio- and Agro16 defense Facility, including the costs associated with the 

17 sale, including due diligence requirements, necessary envi18 ronmental remediation at Plum Island, and reimburse19 ment of expenses incurred by the General Services Admin20 istration. 

21 SEC. 534. Any official that is required by this Act 

22 to report or certify to the Committees on Appropriations 

23 of the Senate and the House of Representatives may not 

24 delegate such authority to perform that act unless specifi25 cally authorized herein. 
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1 SEC. 535. Section 550(b) of the Department of 

2 Homeland Security Appropriations Act, 2007 (Public Law 

3 109–295; 6 U.S.C. 121 note) is further amended by strik4 ing ‘‘2011’’ and inserting ‘‘2012’’. 

5 SEC. 536. None of the funds appropriated or other6 wise made available in this or any other Act may be used 

7 to transfer, release, or assist in the transfer or release to 

8 or within the United States, its territories, or possessions, 

9 including detaining, accepting custody of, or extending im10 migration benefits to, Khalid Sheikh Mohammed or any 

11 other detainee who— 

12 (1) is not a United States citizen or a member 

13 of the Armed Forces of the United States; and 

14 (2) is or was held on or after June 24, 2009, 

15 at the United States Naval Station, Guantanamo 

16 Bay, Cuba, by the Department of Defense. 

17 SEC. 537. None of the funds made available in this 

18 Act may be used for first-class travel by the employees 

19 of agencies funded by this Act in contravention of sections 

20 301–10.122 through 301.10–124 of title 41, Code of Fed21 eral Regulations. 

22 SEC. 538. None of the funds made available in this 

23 Act may be used to propose or effect a disciplinary or ad24 verse action, with respect to any Department of Homeland 

25 Security employee who engages regularly with the public 
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1 in the performance of his or her official duties solely be2 cause that employee elects to utilize protective equipment 

3 or measures, including but not limited to surgical masks, 

4 N95 respirators, gloves, or hand-sanitizers, where use of 

5 such equipment or measures is in accord with Department 

6 of Homeland Security policy, and Centers for Disease 

7 Control and Prevention and Office of Personnel Manage8 ment guidance. 

9 SEC. 539. None of the funds made available in this 

10 Act may be used to employ workers described in section 

11 274A(h)(3) of the Immigration and Nationality Act (8 

12 U.S.C. 1324a(h)(3)). 

13 SEC. 540. (a) Any company that collects or retains 

14 personal information directly from any individual who par15 ticipates in the Registered Traveler program of the Trans16 portation Security Administration shall safeguard and dis17 pose of such information in accordance with the require18 ments in— 

19 (1) the National Institute for Standards and 

20 Technology Special Publication 800–30, entitled 

21 ‘‘Risk Management Guide for Information Tech22 nology Systems’’; 

23 (2) the National Institute for Standards and 

24 Technology Special Publication 800–53, Revision 3, 
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1 entitled ‘‘Recommended Security Controls for Fed2 eral Information Systems and Organizations’’; and 

3 (3) any supplemental standards established by 

4 the Assistant Secretary of Homeland Security 

5 (Transportation Security Administration) (referred 

6 to in this section as the ‘‘Assistant Secretary’’). 

7 (b) The airport authority or air carrier operator that 

8 sponsors the company under the Registered Traveler pro9 gram shall be known as the Sponsoring Entity. 

10 (c) The Assistant Secretary shall require any com11 pany covered by subsection (a) to provide, not later than 

12 30 days after the date of enactment of this Act, to the 

13 Sponsoring Entity written certification that the proce14 dures used by the company to safeguard and dispose of 

15 information are in compliance with the requirements 

16 under subsection (a). Such certification shall include a de17 scription of the procedures used by the company to comply 

18 with such requirements. 

19 (d) Not later than 90 days after the date of enact20 ment of this Act, the Assistant Secretary shall submit to 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives a report that includes a descrip23 tion of— 
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1 (1) the procedures that have been used to safe2 guard and dispose of personal information collected 

3 through the Registered Traveler program; and 

4 (2) the status of any certifications required to 

5 be submitted by subsection (c). 

6 SEC. 541. Notwithstanding any other provision of 

7 this Act, none of the funds appropriated or otherwise 

8 made available by this Act may be used to pay award or 

9 incentive fees for contractor performance that has been 

10 judged to be below satisfactory performance or perform11 ance that does not meet the basic requirements of a con12 tract. 

13 SEC. 542. (a) Not later than 180 days after the date 

14 of enactment of this Act, the Assistant Secretary of Home15 land Security (Transportation Security Administration) 

16 shall submit to the Committees on Appropriations of the 

17 Senate and the House of Representatives, a report that 

18 either— 

19 (1) certifies that the requirement for screening 

20 all air cargo on passenger aircraft by the deadline 

21 under section 44901(g) of title 49, United States 

22 Code, has been met; or 

23 (2) includes a strategy to comply with the re24 quirements under title 44901(g) of title 49, United 

25 States Code, including— 
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1 (A) a plan to meet the requirement under 

2 section 44901(g) of title 49, United States 

3 Code, to screen 100 percent of air cargo trans4 ported on passenger aircraft arriving in the 

5 United States in foreign air transportation (as 

6 that term is defined in section 40102 of that 

7 title); and 

8 (B) specification of— 

9 (i) the percentage of such air cargo 

10 that is being screened; and 

11 (ii) the schedule for achieving screen12 ing of 100 percent of such air cargo. 

13 (b) The Assistant Secretary shall continue to submit 

14 reports described in subsection (a)(2) every 180 days 

15 thereafter until the Assistant Secretary certifies that the 

16 Transportation Security Administration has achieved 

17 screening of 100 percent of such air cargo. 

18 SEC. 543. In developing any process to screen avia19 tion passengers and crews for transportation or national 

20 security purposes, the Secretary of Homeland Security 

21 shall ensure that all such processes take into consideration 

22 such passengers’ and crews’ privacy and civil liberties con23 sistent with applicable laws, regulations, and guidance. 

24 SEC. 544. Sections 1309(a) and 1319 of the National 

25 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 
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1 4026) shall each be amended by striking ‘‘September 30, 

2 2011’’ and inserting ‘‘September 30, 2012’’. 

3 SEC. 545. (a) Notwithstanding section 1356(n) of 

4 title 8, United States Code, of the funds deposited into 

5 the Immigration Examinations Fee Account, $8,500,000 

6 is available to United States Citizenship and Immigration 

7 Services in fiscal year 2012 for the purpose of providing 

8 an immigrant integration grants program. 

9 (b) None of the funds made available to United 

10 States Citizenship and Immigration Service for grants for 

11 immigrant integration may be used to provide services to 

12 aliens who have not been lawfully admitted for permanent 

13 residence. 

14 SEC. 546. Of the funds transferred to the Depart15 ment of Homeland Security when it was created in 2003, 

16 the following funds are hereby rescinded from the fol17 lowing accounts and programs in the specified amounts: 

18 (1) $20,997,225 from ‘‘U.S. Immigration and 

19 Customs Enforcement, Salaries and Expenses’’. 

20 (2) $594,945 from ‘‘Violent Crime Reduction 

21 Programs’’. 

22 SEC. 547. Of the following unobligated balances 

23 available for ‘‘Department of Homeland Security, U.S. 

24 Immigration and Customs Enforcement, Construction’’, 

25 $11,300,000 is rescinded. 
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1 TITLE VI 

2 EMERGENCY SUPPLEMENTAL FUNDING FOR 

3 DISASTER RELIEF 

4 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

5 SEC. 601. Effective on the date of the enactment of 

6 this Act, of the unobligated balances remaining available 

7 to the Department of Energy pursuant to section 129 of 

8 the Continuing Appropriations Resolution, 2009 (division 

9 A of Public Law 110–329), $500,000,000 is rescinded and 

10 $1,000,000,000 is hereby transferred to and merged with 

11 ‘‘Department of Homeland Security—Federal Emergency 

12 Management Agency—Disaster Relief’’: Provided, That 

13 the amount transferred by this section is designated as 

14 an emergency pursuant to section 3(c)(1) of H. Res. 5 

15 (112th Congress). 

16 TITLE VII 

17 SPENDING REDUCTION ACCOUNT 

18 SEC. 701. The amount by which the applicable alloca19 tion of new budget authority made by the Committee on 

20 Appropriations of the House of Representatives under sec21 tion 302(b) of the Congressional Budget Act of 1974 ex22 ceeds the amount of proposed new budget authority is $0 

23 (increased by $600,000). 

24 SEC. 702. None of the funds made available by this 

25 Act may be used in contravention of section 642(a) of the 
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1 Illegal Immigration Reform and Immigrant Responsibility 

2 Act of 1996 (8 U.S.C. 1373(a)). 

3 SEC. 703. None of the funds made available by this 

4 Act may be used to parole an alien into the United States, 

5 or grant deferred action of a final order of removal, for 

6 any reason other than on a case-by-case basis for urgent 

7 humanitarian reasons or significant public benefit. 

8 SEC. 704. None of the funds made available under 

9 this Act may be used to require an approved Transpor10 tation Worker Identification Credential (TWIC) applicant 

11 to personally appear at a designated enrollment center for 

12 the purpose of TWIC issuance, renewal, or activation. 

13 SEC. 705. None of the funds made available by this 

14 Act may be used by the Department of Homeland Security 

15 to lease or purchase new light duty vehicles, for any execu16 tive fleet, or for an agency’s fleet inventory, except in ac17 cordance with Presidential Memorandum-Federal Fleet 

18 Performance, dated May 24, 2011. 

19 SEC. 706. None of the funds made available by this 

20 Act may be used in contravention of section 44917 of title 

21 49, United States Code. 

22 SEC. 707. None of the funds made available by this 

23 Act may be used for the Climate Change Adaptation Task 

24 Force of the Department of Homeland Security. 
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1 SEC. 708. None of the funds made available by this 

2 Act may be used to enforce the requirements in— 

3 (1) section 34(a)(1)(A) of the Federal Fire Pre4 vention and Control Act of 1974 (15 U.S.C. 

5 2229(a)(1)(A)); 

6 (2) section 34(a)(1)(B) of such Act; 

7 (3) section 34(c)(1) of such Act; 

8 (4) section 34(c)(2) of such Act; 

9 (5) section 34(c)(4)(A) of such Act; and 

10 (6) section 34(a)(1)(E) of such Act. 

11 SEC. 709. None of the funds made available by this 

12 Act shall be made available to the Association of Commu13 nity Organizations for Reform Now, Acorn Beneficial 

14 Assoc., Inc., Arkansas Broadcast Foundation, Inc., Acorn 

15 Children’s Beneficial Assoc., Arkansas Community Hous16 ing Corp., Acorn Community Land Assoc., Inc., Acorn 

17 Community Land Assoc. of Illinois, Acorn Community 

18 Land Association of Louisiana, Acorn Community Land 

19 Assoc. of Pennsylvania, ACORN COMMUNITY LABOR 

20 ORGANIZING CENTER, ACORN Beverly LLC, 

21 ACORN Canada, ACORN Center for Housing, ACORN 

22 Housing Affordable Loans LLC, Acorn Housing 1 Associ23 ates, LP, Acorn Housing 2 Associates, LP, ACORN 

24 Housing 3 Associates LP, ACORN Housing 4 Associates, 

25 L.P., ACORN International, ACORN VOTES, Acorn 
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1 2004 Housing Development Fund Corporation, ACRMW, 

2 ACSI, Acorn Cultural Trust, Inc., American Environ3 mental Justice Project, Inc., ACORN Fund, Inc., Acorn 

4 Fair Housing Organization, Inc., Acorn Foster Parents, 

5 Inc., Agape Broadcast Foundation Inc., Acorn Housing 

6 Corporation, Arkansas Acorn Housing Corporation, Acorn 

7 Housing Corp. of Arizona, Acorn Housing Corp. of Illi8 nois, Acorn Housing Corp. of Missouri, New Jersey 

9 ACORN Housing Corporation, Inc., AHCNY, Acorn 

10 Housing Corp. of Pennsylvania, Texas ACORN Housing 

11 Corporation, Inc., American Institute for Social Justice, 

12 Acorn law for Education, Rep. & Training, Acorn Law Re13 form Pac, Affiliated Media Foundation Movement, Albu14 querque Minimum Wage Committee, Acorn National 

15 Broadcasting Network, Arkansas New Party, Arkansas 

16 Acorn Political Action Committee, Association for Rights 

17 of Citizens, Acorn Services, Inc., Acorn Television in Ac18 tion for Communities, Acorn Tenants’ Union, Inc., Acorn 

19 Tenant Union Training & Org. Project, AWA, Baltimore 

20 Organizing Support Center, Inc., Bronx Parent Leader21 ship, Baton Rouge ACORN Education Project, Inc., 

22 Baton Rouge Assoc. of School Employees, Broad Street 

23 Corporation, California Acorn Political Action Committee, 

24 Citizens Action Research Project, Council Beneficial Asso25 ciation, Citizens Campaign for Fair Work, Living Wage 
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1 Etc., Citizens Consulting, Inc., California Community 

2 Network, Citizens for April Troope, Clean Government 

3 Pac, Chicago Organizing and Support Center, Inc., Coun4 cil Health Plan, Citizens Services Society, Campaign For 

5 Justice at Avondale, CLOC, Community and Labor for 

6 Baltimore, Chief Organizer Fund, Colorado Organizing 

7 and Support Center, Community Real Estate Processing, 

8 Inc., Campaign to Reward Work, Citizens Services Incor9 porated, Elysian Fields Corporation, Environmental Jus10 tice Training Project, Inc., Franklin Acorn Housing Cor11 poration, Flagstaff Broadcast Foundation, Floridians for 

12 All PAC, Fifteenth Street Corporation, Friends of Wendy 

13 Foy, Greenwell Springs Corporations, Genevieve Stewart 

14 Campaign Fund, Hammurabi Fund, Houston Organizing 

15 Support Center, Hospitality Hotel and Restaurant Org. 

16 Council, Iowa ACORN Broadcasting Corp., Illinois Home 

17 Day Care Workers Association, Inc., Illinois Acorn Polit18 ical Action Committee, Illinois New Party, Illinois New 

19 Party Political Committee, Institute for Worker Edu20 cation, Inc., Jefferson Association of Parish Employees, 

21 Jefferson Association of School Employees, Johnnie Pugh 

22 Campaign Fund, Louisiana ACORN, New York Commu23 nities for Change, Affordable Housing Centers of America, 

24 Action Now, Pennsylvania Communities Organizing for 

25 Change, Arkansas Community Organizations (ACO), The 
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1 Alliance of Californians for Community Empowerment, 

2 New England United for Justice, Texas Organizing 

3 Project, Minnesota, Neighborhoods Organizing for 

4 Change, Organization United for Reform, Missourians Or5 ganizing for Reform and Empowerment, A Community 

6 Voice, Community Organizations International, Applied 

7 Research Center, or the Working Families Party. 

8 SEC. 710. None of the funds made available by this 

9 Act may be used in contravention of section 236(c) of the 

10 Immigration and Nationality Act (8 U.S.C. 1226(c)). 

11 SEC. 711. None of the funds made available by this 

12 Act may be used for any action by a political appointee 

13 (as that term is defined in section 106 of title 49, United 

14 States Code) to delay, vacate, or reverse any decision by 

15 an employee in the Privacy Office of the Department of 

16 Homeland Security to make records available pursuant to 

17 section 552 of title 5, United States Code, popularly 

18 known as the Freedom of Information Act. 

19 SEC. 712. None of the funds made available by this 

20 Act may be used to implement the determination of the 

21 Administrator of the Transportation Security Administra22 tion regarding transportation security officers and collec23 tive bargaining as described in the decision memorandum 

24 dated February 4, 2011. 
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1 SEC. 713. None of the funds made available by this 

2 Act may be used to implement any rule, regulation, or ex3 ecutive order regarding the disclosure of political contribu4 tions that takes effect on or after the date of enactment 

5 of this Act. 

6 SEC. 714. Of the amount made available for screen7 ing operations under the heading: ‘‘Transportation Secu8 rity Administration—Aviation Security’’, not more than 

9 $2,760,503,458 may be used for screener personnel, com10 pensation, and benefits. 

11 This Act may be cited as the ‘‘Department of Home12 land Security Appropriations Act, 2012’’. 

13 That the following sums are appropriated, out of any 

14 money in the Treasury not otherwise appropriated, for the 

15 Department of Homeland Security for the fiscal year end16 ing September 30, 2012, and for other purposes, namely: 

17 TITLE I 

18 DEPARTMENTAL MANAGEMENT AND 

19 OPERATIONS 

20 DEPARTMENTAL OPERATIONS

21 OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

22 For necessary expenses of the Office of the Secretary 

23 of Homeland Security, as authorized by section 102 of the 

24 Homeland Security Act of 2002 (6 U.S.C. 112), and execu25 tive management of the Department of Homeland Security, 
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1 as authorized by law, $135,433,000: Provided, That not to 

2 exceed $51,000 shall be for official reception and representa3 tion expenses, of which $20,000 shall be made available to 

4 the Office of Policy solely to host Visa Waiver Program ne5 gotiations in Washington, D.C., and for other international 

6 activities: Provided further, That all official costs associated 

7 with the use of government aircraft by Department of 

8 Homeland Security personnel to support official travel of 

9 the Secretary and the Deputy Secretary shall be paid from 

10 amounts made available for the Immediate Office of the Sec11 retary and the Immediate Office of the Deputy Secretary: 

12 Provided further, That consistent with the requirements 

13 specified within Presidential Policy Directive-8, dated 

14 March 30, 2011, the Secretary of Homeland Security shall 

15 submit to the Committees on Appropriations of the Senate 

16 and the House of Representatives not later than October 15, 

17 2011, the National Preparedness Goal and not later than 

18 January 15, 2012, the description of the National Pre19 paredness System: Provided further, That $35,000,000 shall 

20 not be available for obligation until the Secretary of Home21 land Security submits to the Committees on Appropriations 

22 of the Senate and the House of Representatives a com23 prehensive plan to initiate implementation of a biometric 

24 air exit capability in fiscal year 2012, or a written certifi25 cation to the Congress that it is the position of the adminis-
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1 tration that the statutory requirement for biometric air exit 

2 be repealed. 

3 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

4 For necessary expenses of the Office of the Under Sec5 retary for Management, as authorized by sections 701 

6 through 705 of the Homeland Security Act of 2002 (6 

7 U.S.C. 341 through 345), $237,131,000, of which not to ex8 ceed $2,500 shall be for official reception and representation 

9 expenses: Provided, That of the total amount made available 

10 under this heading, $5,000,000 shall remain available until 

11 expended solely for the alteration and improvement of fa12 cilities, tenant improvements, and relocation costs to con13 solidate Department headquarters operations at the Ne14 braska Avenue Complex; and $14,172,000 shall remain 

15 available until expended for the Human Resources Informa16 tion Technology program. 

17 OFFICE OF THE CHIEF FINANCIAL OFFICER

18 For necessary expenses of the Office of the Chief Finan19 cial Officer, as authorized by section 103 of the Homeland 

20 Security Act of 2002 (6 U.S.C. 113), $51,000,000. 

21 OFFICE OF THE CHIEF INFORMATION OFFICER

22 For necessary expenses of the Office of the Chief Infor23 mation Officer, as authorized by section 103 of the Home24 land Security Act of 2002 (6 U.S.C. 113), and Department25 wide technology investments, $267,972,000; of which 
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1 $105,578,000 shall be available for salaries and expenses; 

2 and of which $162,394,000, to remain available until Sep3 tember 30, 2014, shall be available for development and ac4 quisition of information technology equipment, software, 

5 services, and related activities for the Department of Home6 land Security: Provided, That the Department of Homeland 

7 Security Chief Information Officer shall submit to the Com8 mittees on Appropriations of the Senate and the House of 

9 Representatives, at the time that the President’s budget is 

10 submitted each year under section 1105(a) of title 31, 

11 United States Code, a multi-year investment and manage12 ment plan for all information technology acquisition 

13 projects funded under this heading or funded by multiple 

14 components of the Department of Homeland Security 

15 through reimbursable agreements, that includes— 

16 (1) the proposed appropriations included for 

17 each project and activity tied to mission require18 ments, program management capabilities, perform19 ance levels, and specific capabilities and services to be 

20 delivered; 

21 (2) the total estimated cost and projected 

22 timeline of completion for all multi-year enhance23 ments, modernizations, and new capabilities that are 

24 proposed in such budget or underway; 
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1 (3) a detailed accounting of operations and 

2 maintenance and contractor services costs; and 

3 (4) a current acquisition program baseline for 

4 each project, that— 

5 (A) notes and explains any deviations in 

6 cost, performance parameters, schedule, or esti7 mated date of completion from the original ac8 quisition program baseline; 

9 (B) aligns the acquisition programs covered 

10 by the baseline to mission requirements by defin11 ing existing capabilities, identifying known ca12 pability gaps between such existing capabilities 

13 and stated mission requirements, and explaining 

14 how each increment will address such known ca15 pability gaps; and 

16 (C) defines life-cycle costs for such pro17 grams. 

18 ANALYSIS AND OPERATIONS

19 For necessary expenses for intelligence analysis and 

20 operations coordination activities, as authorized by title II 

21 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

22 $339,368,000; of which not to exceed $4,250 shall be for offi23 cial reception and representation expenses; and of which 

24 $136,665,000 shall remain available until September 30, 

25 2013. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral in carrying out the provisions of the Inspector General 

4 Act of 1978 (5 U.S.C. App.), $125,000,000, of which not 

5 to exceed $300,000 may be used for certain confidential 

6 operational expenses, including the payment of informants, 

7 to be expended at the direction of the Inspector General. 

8 TITLE II 

9 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

10 U.S. CUSTOMS AND BORDER PROTECTION 

11 SALARIES AND EXPENSES

12 For necessary expenses for enforcement of laws relating 

13 to border security, immigration, customs, agricultural in14 spections and regulatory activities related to plant and ani15 mal imports, and transportation of unaccompanied minor 

16 aliens; purchase and lease of up to 7,500 (6,500 for replace17 ment only) police-type vehicles; and contracting with indi18 viduals for personal services abroad; $8,762,103,000; of 

19 which $3,274,000 shall be derived from the Harbor Mainte20 nance Trust Fund for administrative expenses related to the 

21 collection of the Harbor Maintenance Fee pursuant to sec22 tion 9505(c)(3) of the Internal Revenue Code of 1986 (26 

23 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) 

24 of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 

25 of which not to exceed $38,250 shall be for official reception 
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1 and representation expenses; of which not less than 

2 $287,901,000 shall be for Air and Marine Operations; of 

3 which such sums as become available in the Customs User 

4 Fee Account, except sums subject to section 13031(f)(3) of 

5 the Consolidated Omnibus Budget Reconciliation Act of 

6 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that ac7 count; of which not to exceed $150,000 shall be available 

8 for payment for rental space in connection with 

9 preclearance operations; of which not to exceed $1,000,000 

10 shall be for awards of compensation to informants, to be 

11 accounted for solely under the certificate of the Secretary 

12 of Homeland Security: Provided, That for fiscal year 2012, 

13 the overtime limitation prescribed in section 5(c)(1) of the 

14 Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be 

15 $35,000; and notwithstanding any other provision of law, 

16 none of the funds appropriated by this Act may be available 

17 to compensate any employee of U.S. Customs and Border 

18 Protection for overtime, from whatever source, in an 

19 amount that exceeds such limitation, except in individual 

20 cases determined by the Secretary of Homeland Security, 

21 or the designee of the Secretary, to be necessary for national 

22 security purposes, to prevent excessive costs, or in cases of 

23 immigration emergencies: Provided further, That the Bor24 der Patrol shall maintain an active duty presence of not 
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1 less than 21,370 full-time equivalent agents protecting the 

2 borders of the United States throughout the fiscal year. 

3 AUTOMATION MODERNIZATION

4 For expenses for U.S. Customs and Border Protection 

5 automated systems, $334,275,000, to remain available until 

6 September 30, 2014, of which not less than $140,000,000 

7 shall be for the development of the Automated Commercial 

8 Environment: Provided, That of the total amount made 

9 available under this heading, $50,000,000 may not be obli10 gated for the Automated Commercial Environment program 

11 until 30 days after the Committees on Appropriations of 

12 the Senate and the House of Representatives receive a report 

13 on the results to date and plans for the program from the 

14 Department of Homeland Security. 

15 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

16 TECHNOLOGY

17 For expenses for border security fencing, infrastruc18 ture, and technology, $400,000,000, to remain available 

19 until September 30, 2014: Provided, That of the total 

20 amount made available under this heading, $60,000,000 

21 shall not be obligated until the Committees on Appropria22 tions of the Senate and the House of Representatives receive 

23 and approve a plan for expenditure, prepared by the Com24 missioner, U.S. Customs and Border Protection, reviewed 

25 by the Government Accountability Office, and submitted not 
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1 later than 90 days after the date of the enactment of this 

2 Act, for a program to establish and maintain a security 

3 barrier along the borders of the United States of fencing 

4 and vehicle barriers, where practicable, and of other forms 

5 of tactical infrastructure and technology. 

6 AIR AND MARINE INTERDICTION, OPERATIONS, 

7 MAINTENANCE, AND PROCUREMENT

8 For necessary expenses for the operations, mainte9 nance, and procurement of marine vessels, aircraft, un10 manned aircraft systems, and other related equipment of 

11 the air and marine program, including operational train12 ing and mission-related travel, the operations of which in13 clude the following: the interdiction of narcotics and other 

14 goods; the provision of support to Federal, State, and local 

15 agencies in the enforcement or administration of laws en16 forced by the Department of Homeland Security; and, at 

17 the discretion of the Secretary of Homeland Security, the 

18 provision of assistance to Federal, State, and local agencies 

19 in other law enforcement and emergency humanitarian ef20 forts, $506,566,000, to remain available until September 

21 30, 2014: Provided, That no aircraft or other related equip22 ment, with the exception of aircraft that are one of a kind 

23 and have been identified as excess to U.S. Customs and Bor24 der Protection requirements and aircraft that have been 

25 damaged beyond repair, shall be transferred to any other 
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1 Federal agency, department, or office outside of the Depart2 ment of Homeland Security during fiscal year 2012 without 

3 the prior approval of the Committees on Appropriations of 

4 the Senate and the House of Representatives. 

5 CONSTRUCTION AND FACILITIES MANAGEMENT

6 For necessary expenses to plan, acquire, construct, ren7 ovate, equip, furnish, operate, manage, and maintain build8 ings and facilities necessary for the administration and en9 forcement of the laws relating to customs, immigration, and 

10 border security, $239,096,000, to remain available until 

11 September 30, 2016: Provided, That for fiscal year 2012 

12 and thereafter, the annual budget submission of U.S. Cus13 toms and Border Protection for ‘‘Construction and Facili14 ties Management’’ shall, in consultation with the General 

15 Services Administration, include a detailed 5-year plan for 

16 all Federal land border port of entry projects with a yearly 

17 update of total projected future funding needs delineated by 

18 land port of entry. 

19 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses for enforcement of immigration 

23 and customs laws, detention and removals, and investiga24 tions, including overseas vetted units operations; and pur25 chase and lease of up to 3,790 (2,350 for replacement only) 
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1 police-type vehicles; $5,512,856,000; of which not to exceed 

2 $10,000,000 shall be available until expended for con3 ducting special operations under section 3131 of the Cus4 toms Enforcement Act of 1986 (19 U.S.C. 2081); of which 

5 not to exceed $12,750 shall be for official reception and rep6 resentation expenses; of which not to exceed $2,000,000 shall 

7 be for awards of compensation to informants, to be ac8 counted for solely under the certificate of the Secretary of 

9 Homeland Security; of which not less than $305,000 shall 

10 be for promotion of public awareness of the child pornog11 raphy tipline and anti-child exploitation activities; of 

12 which not less than $5,400,000 shall be used to facilitate 

13 agreements consistent with section 287(g) of the Immigra14 tion and Nationality Act (8 U.S.C. 1357(g)); and of which 

15 not to exceed $11,216,000 shall be available to fund or reim16 burse other Federal agencies for the costs associated with 

17 the care, maintenance, and repatriation of smuggled aliens 

18 unlawfully present in the United States: Provided, That 

19 none of the funds made available under this heading shall 

20 be available to compensate any employee for overtime in 

21 an annual amount in excess of $35,000, except that the Sec22 retary of Homeland Security, or the designee of the Sec23 retary, may waive that amount as necessary for national 

24 security purposes and in cases of immigration emergencies: 

25 Provided further, That of the total amount provided, 
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1 $15,770,000 shall be for activities in fiscal year 2012 to 

2 enforce laws against forced child labor, of which not to ex3 ceed $6,000,000 shall remain available until expended: Pro4 vided further, That of the total amount available, not less 

5 than $1,500,000,000 shall be available to identify aliens 

6 convicted of a crime who may be deportable, and to remove 

7 them from the United States once they are judged deport8 able, of which $184,064,000 shall remain available until 

9 September 30, 2013: Provided further, That the Assistant 

10 Secretary of U.S. Immigration and Customs Enforcement 

11 shall report to the Committees on Appropriations of the 

12 Senate and the House of Representatives, not later than 45 

13 days after the end of each quarter of the fiscal year, on 

14 progress in implementing the preceding proviso and the 

15 funds obligated during that quarter to make that progress: 

16 Provided further, That the Secretary of Homeland Security 

17 shall prioritize the identification and removal of aliens con18 victed of a crime by the severity of that crime: Provided 

19 further, That funding made available under this heading 

20 shall maintain a level of not less than 33,400 detention beds 

21 through September 30, 2012: Provided further, That of the 

22 total amount provided, not less than $2,724,125,000 is for 

23 detention and removal operations, including transportation 

24 of unaccompanied minor aliens: Provided further, That of 

25 the total amount provided, $7,300,000 shall remain avail-
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1 able until September 30, 2013, for the Visa Security Pro2 gram: Provided further, That of the total amount provided 

3 under this heading, up to $5,000,000 may be transferred 

4 to United States Visitor and Immigrant Status Indicator 

5 Technology to address the visa overstay backlog: Provided 

6 further, That none of the funds provided under this heading 

7 may be used to continue a delegation of law enforcement 

8 authority authorized under section 287(g) of the Immigra9 tion and Nationality Act (8 U.S.C. 1357(g)) if the Depart10 ment of Homeland Security Inspector General determines 

11 that the terms of the agreement governing the delegation of 

12 authority have been violated: Provided further, That none 

13 of the funds provided under this heading may be used to 

14 continue any contract for the provision of detention services 

15 if the two most recent overall performance evaluations re16 ceived by the contracted facility are less than ‘‘adequate’’ 

17 or the equivalent median score in any subsequent perform18 ance evaluation system: Provided further, That nothing 

19 under this heading shall prevent U.S. Immigration and 

20 Customs Enforcement from exercising those authorities pro21 vided under immigration laws (as defined in section 

22 101(a)(17) of the Immigration and Nationality Act (8 

23 U.S.C. 1101(a)(17))) during priority operations pertaining 

24 to aliens convicted of a crime. 
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1 AUTOMATION MODERNIZATION

2 For expenses of immigration and customs enforcement 

3 automated systems, $21,710,000, to remain available until 

4 September 30, 2016. 

5 TRANSPORTATION SECURITY ADMINISTRATION

6 AVIATION SECURITY

7 For necessary expenses of the Transportation Security 

8 Administration related to providing civil aviation security 

9 services pursuant to the Aviation and Transportation Secu10 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 

11 40101 note), $5,293,566,000, to remain available until Sep12 tember 30, 2013, of which not to exceed $8,500 shall be for 

13 official reception and representation expenses: Provided, 

14 That of the total amount made available under this head15 ing, not to exceed $4,193,246,000 shall be for screening oper16 ations, of which $555,003,000 shall be available for explo17 sives detection systems; $214,893,000 shall be for checkpoint 

18 support; and not to exceed $1,100,320,000 shall be for avia19 tion security direction and enforcement: Provided further, 

20 That of the amount made available in the preceding proviso 

21 for explosives detection systems, $222,738,000 shall be avail22 able for the purchase and installation of these systems: Pro23 vided further, That any award to deploy explosives detec24 tion systems shall be based on risk, the airport’s current 

25 reliance on other screening solutions, lobby congestion re-
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1 sulting in increased security concerns, high injury rates, 

2 airport readiness, and increased cost effectiveness: Provided 

3 further, That security service fees authorized under section 

4 44940 of title 49, United States Code, shall be credited to 

5 this appropriation as offsetting collections and shall be 

6 available only for aviation security: Provided further, That 

7 the sum appropriated under this heading from the general 

8 fund shall be reduced on a dollar-for-dollar basis as such 

9 offsetting collections are received during fiscal year 2012 

10 so as to result in a final fiscal year appropriation from 

11 the general fund estimated at not more than 

12 $2,983,566,000: Provided further, That any security service 

13 fees collected in excess of the amount made available under 

14 this heading shall become available during fiscal year 2013: 

15 Provided further, That notwithstanding section 44923 of 

16 title 49, United States Code, for fiscal year 2012, any funds 

17 in the Aviation Security Capital Fund established by sec18 tion 44923(h) of title 49, United States Code, may be used 

19 for the procurement and installation of explosives detection 

20 systems or for the issuance of other transaction agreements 

21 for the purpose of funding projects described in section 

22 44923(a): Provided further, That Members of the United 

23 States House of Representatives and United States Senate, 

24 including the leadership; the heads of Federal agencies and 

25 commissions, including the Secretary, Deputy Secretary, 
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1 Under Secretaries, and Assistant Secretaries of the Depart2 ment of Homeland Security; the United States Attorney 

3 General and Assistant Attorneys General and the United 

4 States Attorneys; and senior members of the Executive Of5 fice of the President, including the Director of the Office 

6 of Management and Budget; shall not be exempt from Fed7 eral passenger and baggage screening. 

8 SURFACE TRANSPORTATION SECURITY

9 For necessary expenses of the Transportation Security 

10 Administration related to providing surface transportation 

11 security activities, $134,748,000, to remain available until 

12 September 30, 2013. 

13 TRANSPORTATION THREAT ASSESSMENT AND

14 CREDENTIALING

15 For necessary expenses for the development and imple16 mentation of screening programs of the Office of Transpor17 tation Threat Assessment and Credentialing, $163,954,000, 

18 to remain available until September 30, 2013. 

19 TRANSPORTATION SECURITY SUPPORT

20 For necessary expenses of the Transportation Security 

21 Administration related to providing transportation secu22 rity support and intelligence pursuant to the Aviation and 

23 Transportation Security Act (Public Law 107–71; 115 

24 Stat. 597; 49 U.S.C. 40101 note), $1,042,066,000, to remain 

25 available until September 30, 2013: Provided, That of the 
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1 funds appropriated under this heading, $25,000,000 may 

2 not be obligated for headquarters administration until the 

3 Secretary of Homeland Security submits to the Committees 

4 on Appropriations of the Senate and the House of Rep5 resentatives detailed expenditure plans for air cargo secu6 rity, and for checkpoint support and explosives detection 

7 systems refurbishment, procurement, and installations on 

8 an airport-by-airport basis for fiscal year 2012: Provided 

9 further, That these plans shall be submitted no later than 

10 60 days after the date of enactment of this Act. 

11 FEDERAL AIR MARSHALS

12 For necessary expenses of the Federal Air Marshals, 

13 $981,115,000. 

14 COAST GUARD

15 OPERATING EXPENSES

16 For necessary expenses for the operation and mainte17 nance of the Coast Guard, not otherwise provided for; pur18 chase or lease of not to exceed 25 passenger motor vehicles, 

19 which shall be for replacement only; purchase or lease of 

20 small boats for contingent and emergent requirements (at 

21 a unit cost of no more than $700,000) and repairs and serv22 ice-life replacements, not to exceed a total of $28,000,000; 

23 purchases or lease of boats necessary for overseas deploy24 ment activities; minor shore construction projects not ex25 ceeding $1,000,000 in total cost at any location; payments 
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1 pursuant to section 156 of Public Law 97–377 (42 U.S.C. 

2 402 note; 96 Stat. 1920); and recreation and welfare; 

3 $7,078,054,000; of which $598,000,000 shall be for defense4 related activities, of which $258,000,000 is designated by 

5 Congress as being for overseas contingency operations pur6 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985 (Public Law 

8 99–177), as amended; of which $24,500,000 shall be derived 

9 from the Oil Spill Liability Trust Fund to carry out the 

10 purposes of section 1012(a)(5) of the Oil Pollution Act of 

11 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $17,000 

12 shall be for official reception and representation expenses: 

13 Provided, That none of the funds made available by this 

14 Act shall be for expenses incurred for recreational vessels 

15 under section 12114 of title 46, United States Code, except 

16 to the extent fees are collected from owners of yachts and 

17 credited to this appropriation: Provided further, That the 

18 Coast Guard shall comply with the requirements of section 

19 527 of the National Defense Authorization Act for Fiscal 

20 Year 2004 (10 U.S.C. 4331 note) with respect to the Coast 

21 Guard Academy: Provided further, That of the funds pro22 vided under this heading, $75,000,000 shall be withheld 

23 from obligation for Headquarters Directorates until: 

24 (1) the fiscal year 2012 second quarter acquisi25 tion report; and 
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1 (2) the future-years capital investment plan for 

2 fiscal years 2013–2017, as specified under the heading 

3 Coast Guard, ‘‘Acquisition, Construction, and Im4 provements’’ of this Act, are received by the Commit5 tees on Appropriations of the Senate and the House 

6 of Representatives: 

7 Provided further, That funds made available under this 

8 heading for overseas contingency operations may be allo9 cated by program, project, and activity, notwithstanding 

10 section 503 of this Act. 

11 ENVIRONMENTAL COMPLIANCE AND RESTORATION

12 For necessary expenses to carry out the environmental 

13 compliance and restoration functions of the Coast Guard 

14 under chapter 19 of title 14, United States Code, 

15 $16,699,000, to remain available until expended. 

16 RESERVE TRAINING

17 For necessary expenses of the Coast Guard Reserve, as 

18 authorized by law; operations and maintenance of the re19 serve program; personnel and training costs; and equipment 

20 and services; $134,278,000. 

21 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

22 For necessary expenses of acquisition, construction, 

23 renovation, and improvement of aids to navigation, shore 

24 facilities, vessels, and aircraft, including equipment related 

25 thereto; and maintenance, rehabilitation, lease and oper-
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1 ation of facilities and equipment, as authorized by law; 

2 $1,391,924,000, of which $20,000,000 shall be derived from 

3 the Oil Spill Liability Trust Fund to carry out the purposes 

4 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

5 U.S.C. 2712(a)(5)); of which $20,000,000 shall remain 

6 available until September 16, 2016, for military family 

7 housing, of which not more than $14,000,000 shall be de8 rived from the Coast Guard Housing Fund, established pur9 suant to 14 U.S.C. 687; of which $642,000,000 shall be 

10 available until September 30, 2016, to acquire, effect major 

11 repairs, renovate, or improve vessels, small boats, and re12 lated equipment; of which $264,900,000 shall be available 

13 until September 30, 2016, to acquire, effect major repairs, 

14 renovate, or improve aircraft or increase aviation capa15 bility; of which $161,140,000 shall be available until Sep16 tember 30, 2016, for other equipment; of which 

17 $193,692,000 shall be available until September 30, 2016, 

18 for shore facilities and aids to navigation, including water19 front facilities at Navy installations used by the Coast 

20 Guard; of which $110,192,000 shall be available for per21 sonnel compensation and benefits and related costs: Pro22 vided, That the funds provided by this Act shall be imme23 diately available and allotted to contract for long lead time 

24 materials, components, and designs for the sixth National 

25 Security Cutter notwithstanding the availability of funds 
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1 for production costs or post-production costs: Provided fur2 ther, That the Secretary of Homeland Security shall submit 

3 to the Committees on Appropriations of the Senate and the 

4 House of Representatives, at the time that the President’s 

5 budget is submitted each year under section 1105(a) of title 

6 31, United States Code, a future-years capital investment 

7 plan for the Coast Guard that identifies for each requested 

8 capital asset— 

9 (1) the proposed appropriations included in that 

10 budget; 

11 (2) the total estimated cost of completion, includ12 ing and clearly delineating the costs of associated 

13 major acquisition systems infrastructure and transi14 tion to operations; 

15 (3) projected funding levels for each fiscal year 

16 for the next 5 fiscal years or until acquisition pro17 gram baseline or project completion, whichever is ear18 lier; 

19 (4) an estimated completion date at the projected 

20 funding levels; and 

21 (5) a current acquisition program baseline for 

22 each capital asset, as applicable, that— 

23 (A) includes the total acquisition cost of 

24 each asset, subdivided by fiscal year and includ25 ing a detailed description of the purpose of the 
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1 proposed funding levels for each fiscal year, in2 cluding for each fiscal year funds requested for 

3 design, pre-acquisition activities, production, 

4 structural modifications, missionization, post-de5 livery, and transition to operations costs; 

6 (B) includes a detailed project schedule 

7 through completion, subdivided by fiscal year, 

8 that details— 

9 (i) quantities planned for each fiscal 

10 year; and 

11 (ii) major acquisition and project 

12 events, including development of operational 

13 requirements, contracting actions, design re14 views, production, delivery, test and evalua15 tion, and transition to operations, includ16 ing necessary training, shore infrastructure, 

17 and logistics; 

18 (C) notes and explains any deviations in 

19 cost, performance parameters, schedule, or esti20 mated date of completion from the original ac21 quisition program baseline and the most recent 

22 baseline approved by the Department of Home23 land Security’s Acquisition Review Board, if ap24 plicable; 
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1 (D) aligns the acquisition of each asset to 

2 mission requirements by defining existing capa3 bilities of comparable legacy assets, identifying 

4 known capability gaps between such existing ca5 pabilities and stated mission requirements, and 

6 explaining how the acquisition of each asset will 

7 address such known capability gaps; 

8 (E) defines life-cycle costs for each asset and 

9 the date of the estimate on which such costs are 

10 based, including all associated costs of major ac11 quisitions systems infrastructure and transition 

12 to operations, delineated by purpose and fiscal 

13 year for the projected service life of the asset; 

14 (F) includes the earned value management 

15 system summary schedule performance index and 

16 cost performance index for each asset, if applica17 ble; and 

18 (G) includes a phase-out and decommis19 sioning schedule delineated by fiscal year for 

20 each existing legacy asset that each asset is in21 tended to replace or recapitalize: 

22 Provided further, That the Secretary of Homeland Security 

23 shall ensure that amounts specified in the future-years cap24 ital investment plan are consistent, to the maximum extent 

25 practicable, with proposed appropriations necessary to sup-
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1 port the programs, projects, and activities of the Coast 

2 Guard in the President’s budget as submitted under section 

3 1105(a) of title 31, United States Code, for that fiscal year: 

4 Provided further, That any inconsistencies between the cap5 ital investment plan and proposed appropriations shall be 

6 identified and justified: Provided further, That subsections 

7 (a) and (b) of section 6402 of Public Law 110–28 shall 

8 apply with respect to the amounts made available under 

9 this heading. 

10 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

11 For necessary expenses for applied scientific research, 

12 development, test, and evaluation; and for maintenance, re13 habilitation, lease, and operation of facilities and equip14 ment; as authorized by law; $27,779,000, to remain avail15 able until September 30, 2016, of which $500,000 shall be 

16 derived from the Oil Spill Liability Trust Fund to carry 

17 out the purposes of section 1012(a)(5) of the Oil Pollution 

18 Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there 

19 may be credited to and used for the purposes of this appro20 priation funds received from State and local governments, 

21 other public authorities, private sources, and foreign coun22 tries for expenses incurred for research, development, test23 ing, and evaluation. 
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1 RETIRED PAY

2 For retired pay, including the payment of obligations 

3 otherwise chargeable to lapsed appropriations for this pur4 pose, payments under the Retired Serviceman’s Family 

5 Protection and Survivor Benefits Plans, payment for career 

6 status bonuses, concurrent receipts and combat-related spe7 cial compensation under the National Defense Authoriza8 tion Act, and payments for medical care of retired per9 sonnel and their dependents under chapter 55 of title 10, 

10 United States Code, $1,440,157,000, to remain available 

11 until expended. 

12 UNITED STATES SECRET SERVICE

13 SALARIES AND EXPENSES

14 For necessary expenses of the United States Secret 

15 Service, including: purchase of not to exceed 652 vehicles 

16 for police-type use for replacement only; hire of passenger 

17 motor vehicles; purchase of motorcycles made in the United 

18 States; hire of aircraft; services of expert witnesses at such 

19 rates as may be determined by the Director of the Secret 

20 Service; rental of buildings in the District of Columbia, and 

21 fencing, lighting, guard booths, and other facilities on pri22 vate or other property not in Government ownership or con23 trol, as may be necessary to perform protective functions; 

24 payment of per diem or subsistence allowances to employees 

25 where a protective assignment during the actual day or 
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1 days of the visit of a protectee requires an employee to work 

2 16 hours per day or to remain overnight at a post of duty; 

3 conduct of and participation in firearms matches; presen4 tation of awards; travel of United States Secret Service em5 ployees on protective missions without regard to the limita6 tions on such expenditures in this or any other Act if ap7 proval is obtained in advance from the Committees on Ap8 propriations of the Senate and the House of Representa9 tives; research and development; grants to conduct behav10 ioral research in support of protective research and oper11 ations; and payment in advance for commercial accom12 modations as may be necessary to perform protective func13 tions; $1,670,237,000; of which not to exceed $21,250 shall 

14 be for official reception and representation expenses; of 

15 which not to exceed $100,000 shall be to provide technical 

16 assistance and equipment to foreign law enforcement orga17 nizations in counterfeit investigations; of which $2,366,000 

18 shall be for forensic and related support of investigations 

19 of missing and exploited children; and of which $6,000,000 

20 shall be for a grant for activities related to the investiga21 tions of missing and exploited children and shall remain 

22 available until September 30, 2013: Provided, That up to 

23 $18,000,000 for protective travel shall remain available 

24 until September 30, 2013: Provided further, That up to 

25 $19,307,000 for National Special Security Events shall re-
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1 main available until expended: Provided further, That the 

2 United States Secret Service is authorized to obligate funds 

3 in anticipation of reimbursements from Federal agencies 

4 and entities, as defined in section 105 of title 5, United 

5 States Code, receiving training sponsored by the James J. 

6 Rowley Training Center, except that total obligations at the 

7 end of the fiscal year shall not exceed total budgetary re8 sources available under this heading at the end of the fiscal 

9 year: Provided further, That none of the funds made avail10 able under this heading shall be available to compensate 

11 any employee for overtime in an annual amount in excess 

12 of $35,000, except that the Secretary of Homeland Security, 

13 or the designee of the Secretary, may waive that amount 

14 as necessary for national security purposes: Provided fur15 ther, That none of the funds made available to the United 

16 States Secret Service by this Act or by previous appropria17 tions Acts may be made available for the protection of the 

18 head of a Federal agency other than the Secretary of Home19 land Security: Provided further, That the Director of the 

20 United States Secret Service may enter into an agreement 

21 to perform such service on a fully reimbursable basis: Pro22 vided further, That of the total amount made available 

23 under this heading, $43,843,000, to remain available until 

24 September 30, 2014, is for information integration and 

25 technology transformation: Provided further, That 
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1 $20,000,000 made available in the preceding proviso shall 

2 not be obligated to purchase or install information tech3 nology equipment until the Chief Information Officer of the 

4 Department of Homeland Security submits a report to the 

5 Committees on Appropriations of the Senate and the House 

6 of Representatives certifying that all plans for integration 

7 and transformation are consistent with Department of 

8 Homeland Security data center migration and enterprise 

9 architecture requirements: Provided further, That none of 

10 the funds made available to the United States Secret Service 

11 by this Act or by previous appropriations Acts may be obli12 gated for the purpose of opening a new permanent domestic 

13 or overseas office or location unless the Committees on Ap14 propriations of the Senate and the House of Representatives 

15 are notified 15 days in advance of such obligation. 

16 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

17 RELATED EXPENSES

18 For necessary expenses for acquisition, construction, 

19 repair, alteration, and improvement of facilities, 

20 $5,380,000, to remain available until September 30, 2016. 
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1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the Office of the Under 

7 Secretary for the National Protection and Programs Direc8 torate, support for operations, information technology, and 

9 the Office of Risk Management and Analysis, $37,875,000: 

10 Provided, That not to exceed $4,250 shall be for official re11 ception and representation expenses: Provided further, That 

12 $9,000,000 shall not be available for obligation until the 

13 Secretary of Homeland Security submits to the Committees 

14 on Appropriations of the Senate and the House of Rep15 resentatives a comprehensive plan to initiate implementa16 tion of a biometric air exit capability in fiscal year 2012, 

17 or a written certification to the Congress that it is the posi18 tion of the administration that the statutory requirements 

19 for biometric air exit be repealed. 

20 INFRASTRUCTURE PROTECTION AND INFORMATION

21 SECURITY

22 For necessary expenses for infrastructure protection 

23 and information security programs and activities, as au24 thorized by title II of the Homeland Security Act of 2002 
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1 (6 U.S.C. 121 et seq.), $918,283,000, of which $773,473,000 

2 shall remain available until September 30, 2013. 

3 FEDERAL PROTECTIVE SERVICE

4 The revenues and collections of security fees credited 

5 to this account shall be available until expended for nec6 essary expenses related to the protection of federally owned 

7 and leased buildings and for the operations of the Federal 

8 Protective Service: Provided, That the Secretary of Home9 land Security and the Director of the Office of Management 

10 and Budget shall certify in writing to the Committees on 

11 Appropriations of the Senate and the House of Representa12 tives no later than December 31, 2011, that the operations 

13 of the Federal Protective Service will be fully funded in fis14 cal year 2012 through revenues and collection of security 

15 fees, and shall adjust the fees to ensure fee collections are 

16 sufficient to ensure that the Federal Protective Service 

17 maintains not fewer than 1,371 full-time equivalent staff 

18 and 1,007 full-time equivalent Police Officers, Inspectors, 

19 Area Commanders, and Special Agents who, while working, 

20 are directly engaged on a daily basis protecting and enforc21 ing laws at Federal buildings (referred to as ‘‘in-service 

22 field staff’’): Provided further, That the Director of the Fed23 eral Protective Service shall include with the submission of 

24 the President’s fiscal year 2013 budget a strategic human 
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1 capital plan that aligns fee collections to personnel require2 ments based on a current threat assessment. 

3 UNITED STATES VISITOR AND IMMIGRANT STATUS

4 INDICATOR TECHNOLOGY

5 For necessary expenses for the development of the 

6 United States Visitor and Immigrant Status Indicator 

7 Technology program, as authorized by section 110 of the 

8 Illegal Immigration Reform and Immigrant Responsibility 

9 Act of 1996 (8 U.S.C. 1365a), $297,402,000, to remain 

10 available until September 30, 2014: Provided, That of the 

11 total amount made available under this heading, 

12 $75,000,000 may not be obligated for the United States Vis13 itor and Immigrant Status Indicator Technology project 

14 until the Committees on Appropriations of the Senate and 

15 the House of Representatives receive a plan for expenditure, 

16 prepared by the Secretary of Homeland Security, not later 

17 than 90 days after the date of enactment of this Act, that 

18 meets the statutory conditions specified under this heading 

19 in Public Law 110–329: Provided further, That not less 

20 than $18,000,000 of unobligated balances of prior year ap21 propriations shall remain available and be obligated solely 

22 for implementation of a biometric air exit capability. 

23 OFFICE OF HEALTH AFFAIRS

24 For necessary expenses of the Office of Health Affairs, 

25 $159,450,000; of which $29,171,000 is for salaries and ex-
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1 penses and $90,164,000 is for BioWatch operations: Pro2 vided, That $40,115,000 shall remain available until Sep3 tember 30, 2013, for biosurveillance, BioWatch Generation 

4 3, chemical defense, medical and health planning and co5 ordination, and workforce health protection: Provided fur6 ther, That not to exceed $2,500 shall be for official reception 

7 and representation expenses. 

8 FEDERAL EMERGENCY MANAGEMENT AGENCY

9 OPERATING EXPENSES

10 For necessary expenses for management and adminis11 tration of the Federal Emergency Management Agency, 

12 $904,550,000, including activities authorized by the Na13 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), 

14 the Robert T. Stafford Disaster Relief and Emergency As15 sistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire 

16 Assistance Act of 2000 (division C, title I, 114 Stat. 583), 

17 the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

18 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. 

19 App. 2061 et seq.), sections 107 and 303 of the National 

20 Security Act of 1947 (50 U.S.C. 404, 405), Reorganization 

21 Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security 

22 Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina 

23 Emergency Management Reform Act of 2006 (Public Law 

24 109–295; 120 Stat. 1394): Provided, That not to exceed 

25 $2,500 shall be for official reception and representation ex-
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1 penses: Provided further, That the Administrator of the 

2 Federal Emergency Management Agency is authorized to 

3 reprogram funds made available under this heading be4 tween programs, projects, and activities, subject to the limi5 tations in section 503, by notifying the Committees on Ap6 propriations of the Senate and the House of Representatives 

7 15 days in advance of such reprogramming, but without 

8 prior written approval from such Committees: Provided 

9 further, That the authority in the preceding proviso shall 

10 expire on September 30, 2012: Provided further, That the 

11 President’s budget submitted under section 1105(a) of title 

12 31, United States Code, shall be detailed by office for the 

13 Federal Emergency Management Agency: Provided further, 

14 That of the total amount made available under this head15 ing, not to exceed $12,000,000 shall remain available until 

16 September 30, 2013, for capital improvements at the Mount 

17 Weather Emergency Operations Center: Provided further, 

18 That of the total amount made available under this head19 ing, $41,250,000 shall be for the Urban Search and Rescue 

20 Response System, of which not to exceed $1,600,000 may 

21 be made available for administrative costs; and $6,981,000 

22 shall be for the Office of National Capital Region Coordina23 tion: Provided further, That $1,400,000 of the funds avail24 able for the Office of the Administrator shall not be avail25 able for obligation until the Administrator submits to the 
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1 Committees on Appropriations of the Senate and the House 

2 of Representatives the National Preparedness Report re3 quired by Public Law 109–295 and a comprehensive plan 

4 to implement a system to measure the effectiveness of grants 

5 to State and local communities in fiscal year 2012: Pro6 vided further, That for purposes of planning, coordination, 

7 execution, and decisionmaking related to mass evacuation 

8 during a disaster, the Governors of the State of West Vir9 ginia and the Commonwealth of Pennsylvania, or their des10 ignees, shall be incorporated into efforts to integrate the ac11 tivities of Federal, State, and local governments in the Na12 tional Capital Region, as defined in section 882 of Public 

13 Law 107–296, the Homeland Security Act of 2002. 

14 STATE AND LOCAL PROGRAMS

15 (INCLUDING TRANSFER OF FUNDS)

16 For grants, contracts, cooperative agreements, and 

17 other activities, $1,476,681,000 shall be allocated as follows: 

18 (1) $430,000,000 shall be for the State Homeland 

19 Security Grant Program under section 2004 of the 

20 Homeland Security Act of 2002 (6 U.S.C. 605): Pro21 vided, That of the amount provided by this para22 graph, $50,000,000 shall be for Operation 

23 Stonegarden: Provided further, That notwithstanding 

24 subsection (c)(4) of such section 2004, for fiscal year 

25 2012, the Commonwealth of Puerto Rico shall make 
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1 available to local and tribal governments amounts 

2 provided to the Commonwealth of Puerto Rico under 

3 this paragraph in accordance with subsection (c)(1) 

4 of such section 2004. 

5 (2) $400,000,000 shall be for the Urban Area Se6 curity Initiative under section 2003 of the Homeland 

7 Security Act of 2002 (6 U.S.C. 604), of which, not8 withstanding subsection (c)(1) of such section, 

9 $10,000,000 shall be for grants to organizations (as 

10 described under section 501(c)(3) of the Internal Rev11 enue Code of 1986 and exempt from tax section 

12 501(a) of such code) determined by the Secretary of 

13 Homeland Security to be at high risk of a terrorist 

14 attack. 

15 (3) $200,000,000 shall be for Public Transpor16 tation Security Assistance, Railroad Security Assist17 ance, and Over-the-Road Bus Security Assistance 

18 under sections 1406, 1513, and 1532 of the Imple19 menting Recommendations of the 9/11 Commission 

20 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 

21 1163, and 1182), of which not less than $20,000,000 

22 shall be for Amtrak security: Provided, That such 

23 public transportation security assistance shall be pro24 vided directly to public transportation agencies. 
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1 (4) $200,000,000 shall be for Port Security 

2 Grants in accordance with 46 U.S.C. 70107. 

3 (5) $15,000,000 shall be for grants for Emer4 gency Operations Centers under section 614 of the 

5 Robert T. Stafford Disaster Relief and Emergency As6 sistance Act (42 U.S.C. 5196c) to remain available 

7 until expended. 

8 (6) $231,681,000 shall be for training, exercises, 

9 technical assistance, and other programs, of which 

10 $155,500,000 shall be for training of State, local, and 

11 tribal emergency response providers: 

12 Provided, That 5.8 percent of the amounts provided 

13 under this heading shall be transferred to the Federal 

14 Emergency Management Agency ‘‘Operating Ex15 penses’’ account for program administration, and an 

16 expenditure plan for program administration shall be 

17 provided to the Committees on Appropriations of the 

18 Senate and the House of Representatives within 60 

19 days after the date of enactment of this Act: Provided 

20 further, That notwithstanding section 2008(a)(11) of 

21 the Homeland Security Act of 2002 (6 U.S.C. 

22 609(a)(11)), or any other provision of law, a grantee 

23 may use not more than 5 percent of the amount of 

24 a grant made available under this heading for ex25 penses directly related to administration of the grant: 
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1 Provided further, That for grants under paragraphs 

2 (1) through (5), the applications for grants shall be 

3 made available to eligible applicants not later than 

4 25 days after the date of enactment of this Act, that 

5 eligible applicants shall submit applications not later 

6 than 90 days after the grant announcement, and that 

7 the Administrator of the Federal Emergency Manage8 ment Agency shall act within 90 days after receipt of 

9 an application: Provided further, That for grants 

10 under paragraphs (1) and (2), the installation of 

11 communications towers is not considered construction 

12 of a building or other physical facility: Provided fur13 ther, That grantees shall provide reports on their use 

14 of funds, as determined necessary by the Secretary of 

15 Homeland Security: Provided further, That in fiscal 

16 year 2012 and thereafter: (a) the Center for Domestic 

17 Preparedness may provide training to emergency re18 sponse providers from the Federal Government, for19 eign governments, or private entities, if the Center for 

20 Domestic Preparedness is reimbursed for the cost of 

21 such training, and any reimbursement under this 

22 subsection shall be credited to the account from which 

23 the expenditure being reimbursed was made and shall 

24 be available, without fiscal year limitation, for the 

25 purposes for which amounts in the account may be 
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1 expended; (b) the head of the Center for Domestic Pre2 paredness shall ensure that any training provided 

3 under (a) does not interfere with the primary mission 

4 of the Center to train state and local emergency re5 sponse providers; and (c) subject to (b), nothing in (a) 

6 prohibits the Center for Domestic Preparedness from 

7 providing training to employees of the Federal Emer8 gency Management Agency for the professional devel9 opment of such employees pursuant to 5 U.S.C. 4103 

10 without reimbursement for the cost of such training. 

11 FIREFIGHTER ASSISTANCE GRANTS

12 For necessary expenses for programs authorized by the 

13 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

14 2201 et seq.), $750,000,000, to remain available until Sep15 tember 30, 2013, of which $375,000,000 shall be available 

16 to carry out section 33 of that Act (15 U.S.C. 2229) and 

17 $375,000,000 shall be available to carry out section 34 of 

18 that Act (15 U.S.C. 2229a): Provided, That not to exceed 

19 5 percent of the amount available under this heading shall 

20 be available for program administration. 

21 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

22 For necessary expenses for emergency management 

23 performance grants, as authorized by the National Flood 

24 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert 

25 T. Stafford Disaster Relief and Emergency Assistance Act 
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1 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc2 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza3 tion Plan No. 3 of 1978 (5 U.S.C. App.), $350,000,000: Pro4 vided, That total administrative costs shall not exceed 3 

5 percent of the total amount appropriated under this head6 ing. 

7 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

8 The aggregate charges assessed during fiscal year 2012, 

9 as authorized in title III of the Departments of Veterans 

10 Affairs and Housing and Urban Development, and Inde11 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

12 5196e), shall not be less than 100 percent of the amounts 

13 anticipated by the Department of Homeland Security nec14 essary for its radiological emergency preparedness program 

15 for the next fiscal year: Provided, That the methodology for 

16 assessment and collection of fees shall be fair and equitable 

17 and shall reflect costs of providing such services, including 

18 administrative costs of collecting such fees: Provided fur19 ther, That fees received under this heading shall be deposited 

20 in this account as offsetting collections and will become 

21 available for authorized purposes on October 1, 2012, and 

22 remain available until expended. 

23 UNITED STATES FIRE ADMINISTRATION

24 For necessary expenses of the United States Fire Ad25 ministration and for other purposes, as authorized by the 
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1 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

2 2201 et seq.) and the Homeland Security Act of 2002 (6 

3 U.S.C. 101 et seq.), $45,038,000. 

4 DISASTER RELIEF FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses in carrying out the Robert T. 

7 Stafford Disaster Relief and Emergency Assistance Act (42 

8 U.S.C. 5121 et seq.), $1,800,000,000, to remain available 

9 until expended, of which $16,000,000 shall be transferred 

10 to the Department of Homeland Security Office of Inspector 

11 General for audits and investigations related to disasters, 

12 subject to section 503 of this Act: Provided, That the Admin13 istrator of the Federal Emergency Management Agency 

14 shall submit quarterly reports to the Committees on Appro15 priations of the Senate and the House of Representatives 

16 providing estimates of funding requirements for the ‘‘Dis17 aster Relief Fund’’ for the current fiscal year and the suc18 ceeding three fiscal years: Provided further, That the report 

19 shall provide: (a) an estimate, by quarter, for the costs of 

20 all previously designated disasters; (b) an estimate, by 

21 quarter, for the cost of future disasters based on a 10-year 

22 average, excluding catastrophic disasters; (c) an estimate, 

23 by quarter, for the costs of catastrophic disasters excluded 

24 from the 10-year average subdivided by disaster and the 

25 amount already obligated, and the remaining estimated 
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1 costs; and (d) an estimate of the date on which the ‘‘Disaster 

2 Relief Fund’’ balance will reach $800,000,000: Provided 

3 further, That the Federal Emergency Management Agency 

4 shall submit an expenditure plan to the Committees on Ap5 propriations of the Senate and the House of Representatives 

6 detailing the use of the funds for disaster readiness and sup7 port within 60 days after the date of enactment of this Act: 

8 Provided further, That the Federal Emergency Management 

9 Agency shall submit to such Committees a quarterly report 

10 detailing obligations against the expenditure plan and a 

11 justification for any changes from the initial plan: Provided 

12 further, That the Federal Emergency Management Agency 

13 shall submit the monthly ‘‘Disaster Relief Fund’’ report, as 

14 specified in Public Law 110–161, to the Committees on Ap15 propriations of the Senate and the House of Representa16 tives, and include the amounts provided to each Federal 

17 agency for mission assignments: Provided further, That for 

18 any request for reimbursement from a Federal agency to 

19 the Department of Homeland Security to cover expenditures 

20 under the Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5121 et seq.), or any mis22 sion assignment orders issued by the Department of Home23 land Security for such purposes, the Secretary of Homeland 

24 Security shall take appropriate steps to ensure that each 
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1 agency is periodically reminded of Department policies 

2 on— 

3 (1) the detailed information required in sup4 porting documentation for reimbursements; and 

5 (2) the necessity for timeliness of agency billings. 

6 For an additional amount for the ‘‘Disaster Relief 

7 Fund’’ for expenses resulting from a major disaster designa8 tion pursuant to the Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act (42 U.S.C. 5122(2)), 

10 $4,200,000,000, to remain available until expended: Pro11 vided, That such amount is designated by Congress as being 

12 for disaster relief pursuant to section 251(b)(2)(D) of the 

13 Balanced Budget and Emergency Deficit Control Act of 

14 1985 (Public Law 99–177), as amended. 

15 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

16 For activities under section 319 of the Robert T. Staf17 ford Disaster Relief and Emergency Assistance Act (42 

18 U.S.C. 5162), $295,000 is for the cost of direct loans: Pro19 vided, That gross obligations for the principal amount of 

20 direct loans shall not exceed $25,000,000: Provided further, 

21 That the cost of modifying such loans shall be as defined 

22 in section 502 of the Congressional Budget Act of 1974 (2 

23 U.S.C. 661a). 
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1 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

2 For necessary expenses, including administrative costs, 

3 under section 1360 of the National Flood Insurance Act of 

4 1968 (42 U.S.C. 4101), $92,712,000, and such additional 

5 sums as may be provided by State and local governments 

6 or other political subdivisions for cost-shared mapping ac7 tivities under section 1360(f)(2) of such Act (42 U.S.C. 

8 4101(f)(2)), to remain available until expended. 

9 NATIONAL FLOOD INSURANCE FUND

10 For activities under the National Flood Insurance Act 

11 of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster 

12 Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

13 $171,000,000, which shall be derived from offsetting collec14 tions assessed and collected under section 1308(d) of the Na15 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); 

16 of which not to exceed $22,000,000 shall be available for 

17 salaries and expenses associated with flood mitigation and 

18 flood insurance operations; and not less than $149,000,000 

19 shall be available for flood plain management and flood 

20 mapping, which shall remain available until September 30, 

21 2013: Provided, That any additional fees collected pursuant 

22 to section 1308(d) of the National Flood Insurance Act of 

23 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 

24 collection to this account, to be available for flood plain 

25 management and flood mapping: Provided further, That in 
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1 fiscal year 2012, no funds shall be available from the Na2 tional Flood Insurance Fund under section 1310 of that Act 

3 (42 U.S.C. 4017) in excess of: 

4 (1) $132,000,000 for operating expenses; 

5 (2) $1,007,571,000 for commissions and taxes of 

6 agents; 

7 (3) such sums as are necessary for interest on 

8 Treasury borrowings; and 

9 (4) $60,000,000, which shall remain available 

10 until expended for flood mitigation actions; of which 

11 not less than $10,000,000 is for severe repetitive loss 

12 properties under section 1361A of the National Flood 

13 Insurance Act of 1968 (42 U.S.C. 4102a); of which 

14 $10,000,000 shall be for repetitive insurance claims 

15 properties under section 1323 of the National Flood 

16 Insurance Act of 1968 (42 U.S.C. 4030); and of which 

17 $40,000,000 shall be for flood mitigation assistance 

18 under section 1366 of the National Flood Insurance 

19 Act of 1968 (42 U.S.C. 4104c), notwithstanding sub20 paragraphs (B) and (C) of subsection (b)(3) and sub21 section (f) of section 1366 of the National Flood In22 surance Act of 1968 (42 U.S.C. 4104c) and notwith23 standing subsection (a)(7) of section 1310 of the Na24 tional Flood Insurance Act of 1968 (42 U.S.C. 4017): 
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1 Provided further, That the amounts collected under section 

2 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 

3 4012a) and section 1366(i) of the National Flood Insurance 

4 Act of 1968 shall be deposited in the National Flood Insur5 ance Fund to supplement other amounts specified as avail6 able for section 1366 of the National Insurance Act of 1968, 

7 notwithstanding subsection (f)(8) of such section 102 (42 

8 U.S.C. 4012a(f)(8) and subsection 1366(i) and paragraphs 

9 (2) and (3) of section 1367(b) of the National Flood Insur10 ance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)–(3)): 

11 Provided further, That total administrative costs shall not 

12 exceed 4 percent of the total appropriation. 

13 NATIONAL PREDISASTER MITIGATION FUND

14 For the predisaster mitigation grant program under 

15 section 203 of the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act (42 U.S.C. 5133), including ad17 ministrative costs, $42,500,000, to remain available until 

18 expended: Provided, That the total administrative costs as19 sociated with such grants shall not exceed $3,000,000 of the 

20 total amount made available under this heading. 

21 EMERGENCY FOOD AND SHELTER

22 To carry out the emergency food and shelter program 

23 pursuant to title III of the McKinney-Vento Homeless As24 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to re25 main available until expended: Provided, That total admin-
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1 istrative costs shall not exceed 3.5 percent of the total 

2 amount made available under this heading. 

3 TITLE IV 

4 RESEARCH AND DEVELOPMENT, TRAINING, AND 

5 SERVICES 

6 UNITED STATES CITIZENSHIP AND IMMIGRATION

7 SERVICES

8 For necessary expenses for citizenship and immigra9 tion services, $120,924,000, of which $102,424,000 is for 

10 immigration verification programs, including the E-Verify 

11 Program, as authorized by section 402 of the Illegal Immi12 gration Reform and Immigrant Responsibility Act of 1996 

13 (8 U.S.C. 1324a note), to assist United States employers 

14 with maintaining a legal workforce: Provided, That not15 withstanding any other provision of law, funds available 

16 to United States Citizenship and Immigration Services 

17 may be used to acquire, operate, equip, and dispose of up 

18 to five vehicles, for replacement only, for areas where the 

19 Administrator of General Services does not provide vehicles 

20 for lease: Provided further, That the Director of United 

21 States Citizenship and Immigration Services may author22 ize employees who are assigned to those areas to use such 

23 vehicles to travel between the employees’ residences and 

24 places of employment: Provided further, That none of the 

25 funds made available in this Act for grants for immigrant 
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1 integration may be used to provide services to aliens who 

2 have not been lawfully admitted for permanent residence. 

3 FEDERAL LAW ENFORCEMENT TRAINING CENTER

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Law Enforce6 ment Training Center, including materials and support 

7 costs of Federal law enforcement basic training; the pur8 chase of not to exceed 117 vehicles for police-type use and 

9 hire of passenger motor vehicles; expenses for student ath10 letic and related activities; the conduct of and participation 

11 in firearms matches and presentation of awards; public 

12 awareness and enhancement of community support of law 

13 enforcement training; room and board for student interns; 

14 a flat monthly reimbursement to employees authorized to 

15 use personal mobile phones for official duties; and services 

16 as authorized by section 3109 of title 5, United States Code; 

17 $238,957,000; of which up to $48,978,000 shall remain 

18 available until September 30, 2013, for materials and sup19 port costs of Federal law enforcement basic training; of 

20 which $300,000 shall remain available until expended to 

21 be distributed to Federal law enforcement agencies for ex22 penses incurred participating in training accreditation; 

23 and of which not to exceed $10,200 shall be for official re24 ception and representation expenses: Provided, That the 

25 Center is authorized to obligate funds in anticipation of 
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1 reimbursements from agencies receiving training sponsored 

2 by the Center, except that total obligations at the end of 

3 the fiscal year shall not exceed total budgetary resources 

4 available at the end of the fiscal year: Provided further, 

5 That section 1202(a) of Public Law 107–206 (42 U.S.C. 

6 3771 note), as amended by Public Law 111–83 (123 Stat. 

7 2166), is further amended by striking ‘‘December 31, 2012’’ 

8 and inserting ‘‘December 31, 2014’’: Provided further, That 

9 the Director of the Federal Law Enforcement Training Cen10 ter shall schedule basic or advanced law enforcement train11 ing, or both, at all four training facilities under the control 

12 of the Federal Law Enforcement Training Center to ensure 

13 that such training facilities are operated at the highest ca14 pacity throughout the fiscal year: Provided further, That 

15 the Federal Law Enforcement Training Accreditation 

16 Board, including representatives from the Federal law en17 forcement community and non-Federal accreditation ex18 perts involved in law enforcement training, shall lead the 

19 Federal law enforcement training accreditation process to 

20 continue the implementation of measuring and assessing 

21 the quality and effectiveness of Federal law enforcement 

22 training programs, facilities, and instructors. 
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1 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For acquisition of necessary additional real property 

4 and facilities, construction, and ongoing maintenance, fa5 cility improvements, and related expenses of the Federal 

6 Law Enforcement Training Center, $33,456,000, to remain 

7 available until expended: Provided, That the Center is au8 thorized to accept reimbursement to this appropriation 

9 from government agencies requesting the construction of 

10 special use facilities. 

11 SCIENCE AND TECHNOLOGY

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Office of the Under 

14 Secretary for Science and Technology and for management 

15 and administration of programs and activities, as author16 ized by title III of the Homeland Security Act of 2002 (6 

17 U.S.C. 181 et seq.), $143,000,000: Provided, That not to 

18 exceed $8,500 shall be for official reception and representa19 tion expenses. 

20 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

21 For necessary expenses for science and technology re22 search, including advanced research projects; development; 

23 test and evaluation; acquisition; and operations; as author24 ized by title III of the Homeland Security Act of 2002 (6 

25 U.S.C. 181 et seq.); and the purchase or lease of not to ex-
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1 ceed five vehicles, $657,000,000; of which $638,800,000 shall 

2 remain available until September 30, 2014, of which not 

3 less than $36,563,000 shall be for university programs; and 

4 of which $18,200,000, shall remain available until Sep5 tember 30, 2016, for infrastructure upgrades at the Trans6 portation Security Laboratory. 

7 DOMESTIC NUCLEAR DETECTION OFFICE

8 MANAGEMENT AND ADMINISTRATION

9 For salaries and expenses of the Domestic Nuclear De10 tection Office as authorized by title XIX of the Homeland 

11 Security Act of 2002 (6 U.S.C. 591 et seq.), for management 

12 and administration of programs and activities, 

13 $37,000,000: Provided, That not to exceed $2,500 shall be 

14 for official reception and representation expenses: Provided 

15 further, That not later than 180 days after the date of enact16 ment of this Act, the Secretary of Homeland Security shall 

17 submit to the Committees on Appropriations of the Senate 

18 and the House of Representatives a strategic plan of invest19 ments necessary to implement the Department of Homeland 

20 Security’s responsibilities under the domestic component of 

21 the global nuclear detection architecture that shall: 

22 (1) define each Departmental entity’s roles and 

23 responsibilities in support of the domestic detection 

24 architecture, including any existing or planned pro25 grams to pre-screen cargo or conveyances overseas; 
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1 (2) identify and describe the specific investments 

2 being made by Departmental organizations in fiscal 

3 year 2012, and planned for fiscal year 2013, to sup4 port the domestic architecture and the security of sea, 

5 land, and air pathways into the United States; 

6 (3) describe the investments necessary to close 

7 known vulnerabilities and gaps, including associated 

8 costs and timeframes, and estimates of feasibility and 

9 cost effectiveness; and 

10 (4) explain how the Department’s research and 

11 development funding is furthering the implementation 

12 of the domestic nuclear detection architecture, includ13 ing specific investments planned for each of fiscal 

14 years 2012 and 2013. 

15 RESEARCH, DEVELOPMENT, AND OPERATIONS

16 For necessary expenses for radiological and nuclear de17 tection related development, testing, evaluation, and oper18 ations, $191,000,000, to remain available until September 

19 30, 2014. 

20 SYSTEMS ACQUISITION

21 For expenses for the Domestic Nuclear Detection Office 

22 acquisition and deployment of radiological detection sys23 tems in accordance with the global nuclear detection archi24 tecture, $40,000,000, to remain available until September 

25 30, 2014: Provided, That none of the funds appropriated 
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1 under this heading in this Act or any other Act shall be 

2 obligated for full-scale procurement of Advanced 

3 Spectroscopic Portal monitors until the Secretary of Home4 land Security submits to the Committees on Appropriations 

5 of the Senate and the House of Representatives a report cer6 tifying that a significant increase in operational effective7 ness will be achieved by such obligation: Provided further, 

8 That the Secretary of Homeland Security shall submit sepa9 rate and distinct certifications prior to the procurement of 

10 Advanced Spectroscopic Portal monitors for primary and 

11 secondary deployment that address the unique requirements 

12 for operational effectiveness of each type of deployment: 

13 Provided further, That the Secretary shall continue to con14 sult with the National Academy of Sciences before making 

15 such certifications: Provided further, That none of the funds 

16 appropriated under this heading shall be used for high-risk 

17 concurrent development and production of mutually de18 pendent software and hardware. 

19 TITLE V 

20 GENERAL PROVISIONS 

21 SEC. 501. No part of any appropriation contained in 

22 this Act shall remain available for obligation beyond the 

23 current fiscal year unless expressly so provided herein. 

24 SEC. 502. Subject to the requirements of section 503 

25 of this Act, the unexpended balances of prior appropriations 
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1 provided for activities in this Act may be transferred to 

2 appropriation accounts for such activities established pur3 suant to this Act, may be merged with funds in the applica4 ble established accounts, and thereafter may be accounted 

5 for as one fund for the same time period as originally en6 acted. 

7 SEC. 503. (a) None of the funds provided by this Act, 

8 provided by previous appropriations Acts to the agencies 

9 in or transferred to the Department of Homeland Security 

10 that remain available for obligation or expenditure in fiscal 

11 year 2012, or provided from any accounts in the Treasury 

12 of the United States derived by the collection of fees avail13 able to the agencies funded by this Act, shall be available 

14 for obligation or expenditure through a reprogramming of 

15 funds that: 

16 (1) creates a new program, project, or activity; 

17 (2) eliminates a program, project, office, or ac18 tivity; 

19 (3) increases funds for any program, project, or 

20 activity for which funds have been denied or restricted 

21 by the Congress; 

22 (4) proposes to use funds directed for a specific 

23 activity by either of the Committees on Appropria24 tions of the Senate or the House of Representatives for 

25 a different purpose; or 
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1 (5) contracts out any function or activity for 

2 which funding levels were requested for Federal full3 time equivalents in the object classification tables con4 tained in the fiscal year 2012 Budget Appendix for 

5 the Department of Homeland Security, as modified 

6 by the joint explanatory statement accompanying this 

7 Act, unless the Committees on Appropriations of the 

8 Senate and the House of Representatives are notified 

9 15 days in advance of such reprogramming of funds. 

10 (b) None of the funds provided by this Act, provided 

11 by previous appropriations Acts to the agencies in or trans12 ferred to the Department of Homeland Security that remain 

13 available for obligation or expenditure in fiscal year 2012, 

14 or provided from any accounts in the Treasury of the 

15 United States derived by the collection of fees or proceeds 

16 available to the agencies funded by this Act, shall be avail17 able for obligation or expenditure for programs, projects, 

18 or activities through a reprogramming of funds in excess 

19 of $5,000,000 or 10 percent, whichever is less, that: 

20 (1) augments existing programs, projects, or ac21 tivities; 

22 (2) reduces by 10 percent funding for any exist23 ing program, project, or activity, or reduces the num24 bers of personnel by 10 percent as approved by the 

25 Congress; or 
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1 (3) results from any general savings from a re2 duction in personnel that would result in a change in 

3 existing programs, projects, or activities as approved 

4 by the Congress, unless the Committees on Appropria5 tions of the Senate and the House of Representatives 

6 are notified 15 days in advance of such reprogram7 ming of funds. 

8 (c) Not to exceed 5 percent of any appropriation made 

9 available for the current fiscal year for the Department of 

10 Homeland Security by this Act or provided by previous ap11 propriations Acts may be transferred between such appro12 priations, but no such appropriation, except as otherwise 

13 specifically provided, shall be increased by more than 10 

14 percent by such transfers: Provided, That any transfer 

15 under this section shall be treated as a reprogramming of 

16 funds under subsection (b) and shall not be available for 

17 obligation unless the Committees on Appropriations of the 

18 Senate and the House of Representatives are notified 15 

19 days in advance of such transfer. 

20 (d) Notwithstanding subsections (a), (b), and (c) of 

21 this section, no funds shall be reprogrammed within or 

22 transferred between appropriations after June 30, except in 

23 extraordinary circumstances that imminently threaten the 

24 safety of human life or the protection of property. 
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1 (e) The notification thresholds and procedures set forth 

2 in this section shall apply to any use of deobligated balances 

3 of funds provided in previous Department of Homeland Se4 curity Appropriations Acts. 

5 SEC. 504. The Department of Homeland Security 

6 Working Capital Fund, established pursuant to section 403 

7 of Public Law 103–356 (31 U.S.C. 501 note), shall continue 

8 operations as a permanent working capital fund for fiscal 

9 year 2012: Provided, That none of the funds appropriated 

10 or otherwise made available to the Department of Home11 land Security may be used to make payments to the Work12 ing Capital Fund, except for the activities and amounts al13 lowed in the President’s fiscal year 2012 budget: Provided 

14 further, That funds provided to the Working Capital Fund 

15 shall be available for obligation until expended to carry out 

16 the purposes of the Working Capital Fund: Provided fur17 ther, That all departmental components shall be charged 

18 only for direct usage of each Working Capital Fund service: 

19 Provided further, That funds provided to the Working Cap20 ital Fund shall be used only for purposes consistent with 

21 the contributing component: Provided further, That the 

22 Working Capital Fund shall be paid in advance or reim23 bursed at rates which will return the full cost of each serv24 ice: Provided further, That the Working Capital Fund shall 

25 be subject to the requirements of section 503 of this Act. 
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1 SEC. 505. Except as otherwise specifically provided by 

2 law, not to exceed 50 percent of unobligated balances re3 maining available at the end of fiscal year 2012 from ap4 propriations for salaries and expenses for fiscal year 2012 

5 in this Act shall remain available through September 30, 

6 2013, in the account and for the purposes for which the 

7 appropriations were provided: Provided, That prior to the 

8 obligation of such funds, a request shall be submitted to the 

9 Committees on Appropriations of the Senate and the House 

10 of Representatives for approval in accordance with section 

11 503 of this Act. 

12 SEC. 506. Funds made available by this Act for intel13 ligence activities are deemed to be specifically authorized 

14 by the Congress for purposes of section 504 of the National 

15 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

16 2012 until the enactment of an Act authorizing intelligence 

17 activities for fiscal year 2012. 

18 SEC. 507. None of the funds made available by this 

19 Act may be used to make a grant allocation, grant award, 

20 contract award, Other Transaction Agreement, a task or de21 livery order on a Department of Homeland Security mul22 tiple award contract, or to issue a letter of intent totaling 

23 in excess of $1,000,000, or to announce publicly the inten24 tion to make such an award, including a contract covered 

25 by the Federal Acquisition Regulation, unless the Secretary 
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1 of Homeland Security notifies the Committees on Appro2 priations of the Senate and the House of Representatives 

3 at least 3 full business days in advance of making such an 

4 award or issuing such a letter: Provided, That if the Sec5 retary of Homeland Security determines that compliance 

6 with this section would pose a substantial risk to human 

7 life, health, or safety, an award may be made without noti8 fication and the Committees on Appropriations of the Sen9 ate and the House of Representatives shall be notified not 

10 later than 5 full business days after such an award is made 

11 or letter issued: Provided further, That no notification shall 

12 involve funds that are not available for obligation: Provided 

13 further, That the notification shall include the amount of 

14 the award, the fiscal year for which the funds for the award 

15 were appropriated, and the account from which the funds 

16 are being drawn: Provided further, That the Federal Emer17 gency Management Agency shall brief the Committees on 

18 Appropriations of the Senate and the House of Representa19 tives 5 full business days in advance of announcing publicly 

20 the intention of making an award under ‘‘State and Local 

21 Programs’’. 

22 SEC. 508. Notwithstanding any other provision of law, 

23 no agency shall purchase, construct, or lease any additional 

24 facilities, except within or contiguous to existing locations, 

25 to be used for the purpose of conducting Federal law enforce-
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1 ment training without the advance approval of the Commit2 tees on Appropriations of the Senate and the House of Rep3 resentatives, except that the Federal Law Enforcement 

4 Training Center is authorized to obtain the temporary use 

5 of additional facilities by lease, contract, or other agreement 

6 for training that cannot be accommodated in existing Cen7 ter facilities. 

8 SEC. 509. None of the funds appropriated or otherwise 

9 made available by this Act may be used for expenses for 

10 any construction, repair, alteration, or acquisition project 

11 for which a prospectus otherwise required under chapter 33 

12 of title 40, United States Code, has not been approved, ex13 cept that necessary funds may be expended for each project 

14 for required expenses for the development of a proposed pro15 spectus. 

16 SEC. 510. Sections 520, 522, 528, and 530, of the De17 partment of Homeland Security Appropriations Act, 2008 

18 (division E of Public Law 110–161; 121 Stat. 2073 and 

19 2074) shall apply with respect to funds made available in 

20 this Act in the same manner as such sections applied to 

21 funds made available in that Act. 

22 SEC. 511. None of the funds made available in this 

23 Act may be used in contravention of the applicable provi24 sions of the Buy American Act (41 U.S.C. 10a et seq.). 
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1 SEC. 512. None of the funds made available in this 

2 Act may be used by any person other than the Privacy Offi3 cer appointed under subsection (a) of section 222 of the 

4 Homeland Security Act of 2002 (6 U.S.C. 142(a)) to alter, 

5 direct that changes be made to, delay, or prohibit the trans6 mission to Congress of any report prepared under para7 graph (6) of such subsection. 

8 SEC. 513. None of the funds made available in this 

9 Act may be used to amend the oath of allegiance required 

10 by section 337 of the Immigration and Nationality Act (8 

11 U.S.C. 1448). 

12 SEC. 514. For fiscal year 2012 and thereafter, none 

13 of the funds appropriated by this Act may be used to process 

14 or approve a competition under Office of Management and 

15 Budget Circular A–76 for services provided as of June 1, 

16 2004, by employees (including employees serving on a tem17 porary or term basis) of United States Citizenship and Im18 migration Services of the Department of Homeland Secu19 rity who are known as of that date as Immigration Infor20 mation Officers, Contact Representatives, or Investigative 

21 Assistants. 

22 SEC. 515. Within 45 days after the end of each month, 

23 the Chief Financial Officer of the Department of Homeland 

24 Security shall submit to the Committees on Appropriations 

25 of the Senate and the House of Representatives a monthly 
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1 budget and staffing report for that month that includes total 

2 obligations, on-board versus funded full-time equivalent 

3 staffing levels, and the number of contract employees for 

4 each office of the Department. 

5 SEC. 516. Except as provided in section 44945 of title 

6 49, United States Code, funds appropriated or transferred 

7 to Transportation Security Administration ‘‘Aviation Se8 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

9 Support’’ for fiscal years 2004 and 2005 that are recovered 

10 or deobligated shall be available only for the procurement 

11 or installation of explosives detection systems, air cargo, 

12 baggage, and checkpoint screening systems, subject to notifi13 cation: Provided, That quarterly reports shall be submitted 

14 to the Committees on Appropriations of the Senate and the 

15 House of Representatives on any funds that are recovered 

16 or deobligated. 

17 SEC. 517. Any funds appropriated to Coast Guard 

18 ‘‘Acquisition, Construction, and Improvements’’ for fiscal 

19 years 2002, 2003, 2004, 2005, and 2006 for the 110–123 

20 foot patrol boat conversion that are recovered, collected, or 

21 otherwise received as the result of negotiation, mediation, 

22 or litigation, shall be available until expended for the Fast 

23 Response Cutter program. 
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1 SEC. 518. Section 532(a) of Public Law 109–295 (120 

2 Stat. 1384) is amended by striking ‘‘2011’’ and inserting 

3 ‘‘2012 and thereafter’’. 

4 SEC. 519. The functions of the Federal Law Enforce5 ment Training Center instructor staff shall be classified as 

6 inherently governmental for the purpose of the Federal Ac7 tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note). 

8 SEC. 520. (a) Except as provided in subsection (b), 

9 none of the funds appropriated in this or any other Act 

10 to the Office of the Secretary and Executive Management, 

11 the Office of the Under Secretary for Management, or the 

12 Office of the Chief Financial Officer, may be obligated for 

13 a grant or contract funded under such headings by any 

14 means other than full and open competition. 

15 (b) Subsection (a) does not apply to obligation of funds 

16 for a contract awarded— 

17 (1) by a means that is required by a Federal 

18 statute, including obligation for a purchase made 

19 under a mandated preferential program, including 

20 the AbilityOne Program, that is authorized under the 

21 Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.); 

22 (2) pursuant to the Small Business Act (15 

23 U.S.C. 631 et seq.); 

24 (3) in an amount less than the simplified acqui25 sition threshold described under section 302A(a) of the 
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1 Federal Property and Administrative Services Act of 

2 1949 (41 U.S.C. 252a(a)); or 

3 (4) by another Federal agency using funds pro4 vided through an interagency agreement. 

5 (c)(1) Subject to paragraph (2), the Secretary of 

6 Homeland Security may waive the application of this sec7 tion for the award of a contract in the interest of national 

8 security or if failure to do so would pose a substantial risk 

9 to human health or welfare. 

10 (2) Not later than 5 days after the date on which the 

11 Secretary of Homeland Security issues a waiver under this 

12 subsection, the Secretary shall submit notification of that 

13 waiver to the Committees on Appropriations of the Senate 

14 and the House of Representatives, including a description 

15 of the applicable contract and an explanation of why the 

16 waiver authority was used. The Secretary may not delegate 

17 the authority to grant such a waiver. 

18 (d) In addition to the requirements established by sub19 sections (a), (b), and (c) of this section, the Inspector Gen20 eral of the Department of Homeland Security shall review 

21 departmental contracts awarded through means other than 

22 a full and open competition to assess departmental compli23 ance with applicable laws and regulations: Provided, That 

24 the Inspector General shall review selected contracts award25 ed in the previous fiscal year through means other than a 
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1 full and open competition: Provided further, That in select2 ing which contracts to review, the Inspector General shall 

3 consider the cost and complexity of the goods and services 

4 to be provided under the contract, the criticality of the con5 tract to fulfilling Department missions, past performance 

6 problems on similar contracts or by the selected vendor, 

7 complaints received about the award process or contractor 

8 performance, and such other factors as the Inspector Gen9 eral deems relevant: Provided further, That the Inspector 

10 General shall report the results of the reviews to the Com11 mittees on Appropriations of the Senate and the House of 

12 Representatives no later than February 6, 2012. 

13 SEC. 521. None of the funds made available in this 

14 or any other Act for fiscal years 2012 and thereafter, may 

15 be used to enforce section 4025(1) of Public Law 108–458 

16 unless the Assistant Secretary of Homeland Security 

17 (Transportation Security Administration) reverses the de18 termination of July 19, 2007, that butane lighters are not 

19 a significant threat to civil aviation security. 

20 SEC. 522. Funds made available in this Act may be 

21 used to alter operations within the Civil Engineering Pro22 gram of the Coast Guard nationwide, including civil engi23 neering units, facilities design and construction centers, 

24 maintenance and logistics commands, and the Coast Guard 

25 Academy, except that none of the funds provided in this 
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1 Act may be used to reduce operations within any Civil En2 gineering Unit unless specifically authorized by a statute 

3 enacted after the date of the enactment of this Act. 

4 SEC. 523. None of the funds provided in this Act shall 

5 be available to carry out section 872 of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 452). 

7 SEC. 524. None of the funds made available in this 

8 Act may be used by United States Citizenship and Immi9 gration Services to grant an immigration benefit unless the 

10 results of background checks required by law to be completed 

11 prior to the granting of the benefit have been received by 

12 United States Citizenship and Immigration Services, and 

13 the results do not preclude the granting of the benefit. 

14 SEC. 525. None of the funds made available in this 

15 Act may be used to destroy or put out to pasture any horse 

16 or other equine belonging to the Federal Government that 

17 has become unfit for service, unless the trainer or handler 

18 is first given the option to take possession of the equine 

19 through an adoption program that has safeguards against 

20 slaughter and inhumane treatment. 

21 SEC. 526. Notwithstanding any other provision of law, 

22 none of the funds provided in this or any other Act shall 

23 hereafter be used to approve a waiver of the navigation and 

24 vessel-inspection laws pursuant to 46 U.S.C. 501 for the 

25 transportation of crude oil distributed from the Strategic 
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1 Petroleum Reserve until the Secretary of Homeland Secu2 rity, after consultation with the Secretaries of the Depart3 ments of Energy and Transportation and representatives 

4 from the United States flag maritime industry, takes ade5 quate measures to ensure the use of United States flag ves6 sels: Provided, That the Secretary shall notify the Commit7 tees on Appropriations of the Senate and the House of Rep8 resentatives, the Committee on Commerce, Science, and 

9 Transportation of the Senate, and the Committee on Trans10 portation and Infrastructure of the House of Representa11 tives within 48 hours of any request for waivers of naviga12 tion and vessel-inspection laws pursuant to 46 U.S.C. 501. 

13 SEC. 527. None of the funds in this Act shall be used 

14 to reduce the United States Coast Guard’s Operations Sys15 tems Center mission or its government-employed or contract 

16 staff levels. 

17 SEC. 528. None of the funds appropriated by this Act 

18 may be used to conduct, or to implement the results of, a 

19 competition under Office of Management and Budget Cir20 cular A–76 for activities performed with respect to the Coast 

21 Guard National Vessel Documentation Center. 

22 SEC. 529. Section 831 of the Homeland Security Act 

23 of 2002 (6 U.S.C. 391) is amended— 
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1 (1) in subsection (a), by striking ‘‘Until Sep2 tember 30, 2011,’’ and inserting ‘‘Until September 30, 

3 2012,’’; 

4 (2) by striking subsection (b); 

5 (3) by redesignating subsections (c), (d), and (e) 

6 as subsections (b), (c), and (d), respectively; and 

7 (4) in subsection (c)(1) (as redesignated by para8 graph (3) of this section), by striking ‘‘September 30, 

9 2011,’’ and inserting ‘‘September 30, 2012,’’. 

10 SEC. 530. The Secretary of Homeland Security shall 

11 require that all contracts of the Department of Homeland 

12 Security that provide award fees link such fees to successful 

13 acquisition outcomes (which outcomes shall be specified in 

14 terms of cost, schedule, and performance). 

15 SEC. 531. None of the funds made available to the Of16 fice of the Secretary and Executive Management under this 

17 Act may be expended for any new hires by the Department 

18 of Homeland Security that are not verified through the E19 Verify Program under section 401 of the Illegal Immigra20 tion Reform and Immigrant Responsibility Act of 1996 (8 

21 U.S.C. 1324a note). 

22 SEC. 532. None of the funds made available in this 

23 Act for U.S. Customs and Border Protection may be used 

24 to prevent an individual not in the business of importing 

25 a prescription drug (within the meaning of section 801(g) 
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1 of the Federal Food, Drug, and Cosmetic Act) from import2 ing a prescription drug from Canada that complies with 

3 the Federal Food, Drug, and Cosmetic Act: Provided, That 

4 this section shall apply only to individuals transporting on 

5 their person a personal-use quantity of the prescription 

6 drug, not to exceed a 90-day supply: Provided further, That 

7 the prescription drug may not be— 

8 (1) a controlled substance, as defined in section 

9 102 of the Controlled Substances Act (21 U.S.C. 802); 

10 or 

11 (2) a biological product, as defined in section 

12 351 of the Public Health Service Act (42 U.S.C. 262). 

13 SEC. 533. The Secretary of Homeland Security, in 

14 consultation with the Secretary of the Treasury, shall notify 

15 the Committees on Appropriations of the Senate and the 

16 House of Representatives of any proposed transfers of funds 

17 available under section 9703.1 (g)(4)(B) of title 31, United 

18 States Code (as added by Public Law 102–393) from the 

19 Department of the Treasury Forfeiture Fund to any agency 

20 within the Department of Homeland Security: Provided, 

21 That none of the funds identified for such a transfer may 

22 be obligated until the Committees on Appropriations of the 

23 Senate and the House of Representatives approve the pro24 posed transfers. 
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1 SEC. 534 None of the funds made available in this Act 

2 may be used for planning, testing, piloting, or developing 

3 a national identification card. 

4 SEC. 535 (a) Notwithstanding any other provision of 

5 this Act, except as provided in subsection (b), and 30 days 

6 after the date that the President determines whether to de7 clare a major disaster because of an event and any appeal 

8 is completed, the Administrator shall submit to the Com9 mittee on Homeland Security and Governmental Affairs of 

10 the Senate, the Committee on Homeland Security of the 

11 House of Representatives, the Committee on Transportation 

12 and Infrastructure of the House of Representatives, the 

13 Committees on Appropriations of the Senate and the House 

14 of Representatives, and publish on the website of the Federal 

15 Emergency Management Agency, a report regarding that 

16 decision, which shall summarize damage assessment infor17 mation used to determine whether to declare a major dis18 aster. 

19 (b) The Administrator may redact from a report under 

20 subsection (a) any data that the Administrator determines 

21 would compromise national security. 

22 (c) In this section— 

23 (1) the term ‘‘Administrator’’ means the Admin24 istrator of the Federal Emergency Management Agen25 cy; and 
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1 (2) the term ‘‘major disaster’’ has the meaning 

2 given that term in section 102 of the Robert T. Staf3 ford Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5122). 

5 SEC. 536. (a) Notwithstanding any other provision of 

6 law, if the Secretary of Homeland Security determines that 

7 the National Bio- and Agro-defense Facility should be lo8 cated at a site other than Plum Island, New York, the Sec9 retary shall ensure that the Administrator of General Serv10 ices sells through public sale all real and related personal 

11 property and transportation assets which support Plum Is12 land operations, subject to such terms and conditions as 

13 may be necessary to protect Government interests and meet 

14 program requirements. 

15 (b) The proceeds of such sale described in subsection 

16 (a) shall be deposited as offsetting collections into the De17 partment of Homeland Security Science and Technology 

18 ‘‘Research, Development, Acquisition, and Operations’’ ac19 count and, subject to appropriation, shall be available until 

20 expended, for site acquisition, construction, and costs re21 lated to the construction of the National Bio- and Agro22 defense Facility, including the costs associated with the sale, 

23 including due diligence requirements, necessary environ24 mental remediation at Plum Island, and reimbursement of 

25 expenses incurred by the General Services Administration. 
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1 SEC. 537. Any official that is required by this Act to 

2 report or to certify to the Committees on Appropriations 

3 of the Senate and the House of Representatives may not 

4 delegate such authority to perform that act unless specifi5 cally authorized herein. 

6 SEC. 538. Section 550(b) of the Department of Home7 land Security Appropriations Act, 2007 (Public Law 109– 

8 295; 6 U.S.C. 121 note), as amended by section 550 of the 

9 Department of Homeland Security Appropriations Act, 

10 2010 (Public Law 111–83), is further amended by striking 

11 ‘‘on October 4, 2011’’ and inserting ‘‘on October 4, 2012’’. 

12 SEC. 539. None of the funds appropriated or otherwise 

13 made available in this or any other Act may be used to 

14 transfer, release, or assist in the transfer or release to or 

15 within the United States, its territories, or possessions 

16 Khalid Sheikh Mohammed or any other detainee who— 

17 (1) is not a United States citizen or a member 

18 of the Armed Forces of the United States; and 

19 (2) is or was held on or after June 24, 2009, at 

20 the United States Naval Station, Guantanamo Bay, 

21 Cuba, by the Department of Defense. 

22 SEC. 540. For fiscal year 2012 and thereafter, for pur23 poses of section 210C of the Homeland Security Act of 2002 

24 (6 U.S.C. 124j), a rural area shall also include any area 

25 that is located in a metropolitan statistical area and a 
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1 county, borough, parish, or area under the jurisdiction of 

2 an Indian tribe with a population of not more than 50,000. 

3 SEC. 541. None of the funds made available in this 

4 Act may be used for first-class travel by the employees of 

5 agencies funded by this Act in contravention of sections 

6 301–10.122 through 301.10–124 of title 41, Code of Federal 

7 Regulations. 

8 SEC. 542. None of the funds made available in this 

9 Act may be used to propose or effect a disciplinary or ad10 verse action, with respect to any Department of Homeland 

11 Security employee who engages regularly with the public 

12 in the performance of his or her official duties solely because 

13 that employee elects to utilize protective equipment or meas14 ures, including but not limited to surgical masks, N95 res15 pirators, gloves, or hand-sanitizers, where use of such equip16 ment or measures is in accord with Department of Home17 land Security policy, and Centers for Disease Control and 

18 Prevention and Office of Personnel Management guidance. 

19 SEC. 543. None of the funds made available in this 

20 Act may be used to employ workers described in section 

21 274A(h)(3) of the Immigration and Nationality Act (8 

22 U.S.C. 1324a(h)(3)). 

23 SEC. 544. (a) Section 1647(b) of Public Law 112–10 

24 is amended by striking ‘‘provided in this division’’ and in25 serting ‘‘made available in this or any other Act’’. 
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1 (b) The amendment made by subsection (a) shall apply 

2 to the fiscal year ending September 30, 2012. 

3 SEC. 545. For an additional amount for necessary ex4 penses for reimbursement of the actual costs to State and 

5 local governments for providing emergency management, 

6 public safety, and security at events, as determined by the 

7 Administrator of the Federal Emergency Management 

8 Agency, related to the presence of a National Special Secu9 rity Event, $10,000,000, to remain available until Sep10 tember 30, 2013. 

11 SEC. 546. Notwithstanding the 10 percent limitation 

12 contained in section 503(c) of this Act, the Secretary of 

13 Homeland Security may transfer to the fund established by 

14 8 U.S.C. 1101 note, up to $20,000,000 from appropriations 

15 available to the Department of Homeland Security: Pro16 vided, That the Secretary shall notify the Committees on 

17 Appropriations of the Senate and House of Representatives 

18 5 days in advance of such transfer. 

19 SEC. 547. The administrative law judge annuitants 

20 participating in the Senior Administrative Law Judge Pro21 gram managed by the Director of the Office of Personnel 

22 Management under section 3323 of title 5, United States 

23 Code, shall be available on a temporary re-employment 

24 basis to conduct arbitrations of disputes as part of the arbi25 tration panel established by the President under section 601 
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1 of division A of the American Recovery and Reinvestment 

2 Act of 2009 (Public Law 111–5; 123 Stat. 164). 

3 SEC. 548. (a) Any company that collects or retains 

4 personal information directly from any individual who 

5 participates in the Registered Traveler program of the 

6 Transportation Security Administration shall safeguard 

7 and dispose of such information in accordance with the re8 quirements in— 

9 (1) the National Institute for Standards and 

10 Technology Special Publication 800–30, entitled 

11 ‘‘Risk Management Guide for Information Technology 

12 Systems’’; 

13 (2) the National Institute for Standards and 

14 Technology Special Publication 800–53, Revision 3, 

15 entitled ‘‘Recommended Security Controls for Federal 

16 Information Systems and Organizations,’’; and 

17 (3) any supplemental standards established by 

18 the Assistant Secretary of Homeland Security, 

19 (Transportation Security Administration) (referred to 

20 in this section as the ‘‘Assistant Secretary’’). 

21 (b) The airport authority or air carrier operator that 

22 sponsors the company under the Registered Traveler pro23 gram shall be known as the Sponsoring Entity. 

24 (c) The Assistant Secretary shall require any company 

25 covered by subsection (a) to provide, not later than 30 days 
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1 after the date of the enactment of this Act, to the Sponsoring 

2 Entity written certification that the procedures used by the 

3 company to safeguard and dispose of information are in 

4 compliance with the requirements under subsection (a). 

5 Such certification shall include a description of the proce6 dures used by the company to comply with such require7 ments. 

8 SEC. 549. Notwithstanding any other provision of this 

9 Act, none of the funds appropriated or otherwise made 

10 available by this Act may be used to pay award or incentive 

11 fees for contractor performance that has been judged to be 

12 below satisfactory performance or performance that does not 

13 meet the basic requirements of a contract. 

14 SEC. 550. (a) Not later than 180 days after the date 

15 of enactment of this Act, the Assistant Secretary of Home16 land Security (Transportation Security Administration) 

17 shall submit to the Committees on Appropriations of the 

18 Senate and the House of Representatives, a report that ei19 ther— 

20 (1) certifies that the requirement for screening 

21 all air cargo on passenger aircraft by the deadline 

22 under section 44901(g) of title 49, United States 

23 Code, has been met; or 
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1 (2) includes a strategy to comply with the re2 quirements under title 44901(g) of title 49, United 

3 States Code, including— 

4 (A) a plan to meet the requirement under 

5 section 44901(g) of title 49, United States Code, 

6 to screen 100 percent of air cargo transported on 

7 passenger aircraft arriving in the United States 

8 in foreign air transportation (as that term is de9 fined in section 40102 of that title); and 

10 (B) specification of— 

11 (i) the percentage of such air cargo 

12 that is being screened; and 

13 (ii) the schedule for achieving screening 

14 of 100 percent of such air cargo. 

15 (b) The Assistant Secretary shall continue to submit 

16 reports described in subsection (a)(2) every 180 days there17 after until the Assistant Secretary certifies that the Trans18 portation Security Administration has achieved screening 

19 of 100 percent of such air cargo. 

20 SEC. 551. In developing any process to screen aviation 

21 passengers and crews for transportation or national secu22 rity purposes, the Secretary of Homeland Security shall en23 sure that any processes developed take into consideration 

24 such passengers’ and crews’ privacy and civil liberties con25 sistent with applicable laws, regulations, and guidance. 
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1 SEC. 552. None of the funds appropriated or otherwise 

2 made available by this Act may be used by the Department 

3 of Homeland Security to enter into any federal contract un4 less such contract is entered into in accordance with the 

5 requirements of the Federal Property and Administrative 

6 Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of 

7 title 10, United States Code, and the Federal Acquisition 

8 Regulation, unless such contract is otherwise authorized by 

9 statute to be entered into without regard to the above ref10 erenced statutes. 

11 SEC. 553. (a) Funds made available by this Act solely 

12 for data center migration may be transferred by the Sec13 retary of Homeland Security between appropriations for 

14 the same purpose, notwithstanding section 503 of this Act. 

15 (b) No transfer described in (a) shall occur until 15 

16 days after the Committees on Appropriations of the Senate 

17 and the House and Representatives are notified of such 

18 transfer. 

19 (c) In addition to amounts made available in this Act 

20 for data center migration, $15,000,000, is available to the 

21 Secretary of Homeland Security for data center migration 

22 activities. 

23 SEC. 554. For fiscal year 2012 and thereafter, U.S. 

24 Customs and Border Protection’s Advanced Training Cen25 ter is authorized to charge fees for any service and/or thing 
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1 of value it provides to Federal Government or non-govern2 ment entities or individuals, so long as the fees charged do 

3 not exceed the full costs associated with the service or thing 

4 of value provided: Provided, That notwithstanding 31 

5 U.S.C. 3302(b), fees collected by the Advanced Training 

6 Center are to be deposited into a separate account entitled 

7 ‘‘Advanced Training Center Revolving Fund’’, and be 

8 available, without further appropriations, for necessary ex9 penses of the Advanced Training Center program, and are 

10 to remain available until expended. 

11 SEC. 555. Section 559(e) of Public Law 111–83 is 

12 amended— 

13 (a) in the matter preceding the first proviso, by strik14 ing ‘‘law, sell’’ and inserting ‘‘law, hereafter sell’’; and 

15 (b) in the first proviso— 

16 (1) by striking ‘‘shall be deposited’’ and inserting 

17 ‘‘shall hereafter be deposited’’; and 

18 (2) by striking ‘‘subject to appropriation,’’ and 

19 inserting ‘‘without further appropriations,’’. 

20 SEC. 556. Notwithstanding any other provision of law, 

21 should the Secretary of Homeland Security determine that 

22 specific U.S. Immigration and Customs Enforcement Serv23 ice Processing Centers or other U.S. Immigration and Cus24 toms Enforcement owned detention facilities no longer meet 

25 the mission need, the Secretary is authorized to dispose of 
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1 individual Service Processing Centers or other U.S. Immi2 gration and Customs Enforcement owned detention facili3 ties by directing the Administrator of General Services to 

4 sell all real and related personal property which support 

5 Service Processing Centers or other U.S. Immigration and 

6 Customs Enforcement owned detention facilities, subject to 

7 such terms and conditions as necessary to protect Govern8 ment interests and meet program requirements: Provided, 

9 That the proceeds, net of the costs of sale incurred by the 

10 General Services Administration and U.S. Immigration 

11 and Customs Enforcement, shall be deposited as offsetting 

12 collections into a separate account that shall be available, 

13 subject to appropriation, until expended for other real prop14 erty capital asset needs of existing U.S. Immigration and 

15 Customs Enforcement assets, excluding daily operations 

16 and maintenance costs, as the Secretary deems appropriate: 

17 Provided further, That any sale or collocation of federally 

18 owned detention facilities shall not result in the mainte19 nance of fewer than 33,400 detention beds: Provided further, 

20 That the Committees on Appropriations of the Senate and 

21 the House of Representatives shall be notified 15 days prior 

22 to the announcement of any proposed sale or collocation. 

23 SEC. 557. For an additional amount for the ‘‘Office 

24 of the Under Secretary for Management’’, $55,979,000, to 

25 remain available until expended, for necessary expenses to 
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1 plan, acquire, construct, renovate, remediate, equip, fur2 nish, and occupy buildings and facilities for the consolida3 tion of department headquarters at St. Elizabeths and asso4 ciated mission support consolidation: Provided, That the 

5 Committees on Appropriations of the Senate and House of 

6 Representatives shall receive an expenditure plan no later 

7 than 60 days after the date of enactment of this Act detail8 ing the allocation of these funds. 

9 SEC. 558. Notwithstanding section 44940(c) of title 49, 

10 United States Code, the limitation on fees imposed under 

11 subsection (a)(1) of such section 44940 may not exceed 

12 $4.00 per enplanement in air transportation or intrastate 

13 air transportation that originates at an airport in the 

14 United States, except that the total amount of such fees may 

15 not exceed $8 per one-way trip. 

16 SEC. 559. None of the funds made available by this 

17 Act may be used to enforce the requirements in— 

18 (1) section 34(a)(1)(A) of the Federal Fire Pre19 vention and Control Act of 1974 (15 U.S.C. 

20 2229(a)(1)(A)); 

21 (2) section 34(a)(1)(B) of such Act; 

22 (3) section 34(c)(1) of such Act; 

23 (4) section 34(c)(2) of such Act; 

24 (5) section 34(c)(4)(A) of such Act; and 

25 (6) section 34(a)(1)(E) of such Act. 
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1 SEC. 560. For fiscal year 2012 and thereafter, notwith2 standing section 1012(a)(5) of the Oil Pollution Act of 1990 

3 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event 

4 that a spill of national significance occurs, any payment 

5 of amounts from the Oil Spill Liability Trust Fund pursu6 ant to section 1012(a)(1) of the Oil Pollution Act of 1990 

7 (33 U.S.C. 2712(a)(1)) for the removal costs incurred by 

8 the Coast Guard for such spill, shall be credited directly 

9 to the accounts of the Coast Guard that bore the expense 

10 or current at the time: Provided, That such amounts shall 

11 be merged with and, without further appropriations, made 

12 available for the same time period and the same purpose 

13 as the appropriation to which it is credited. 

14 SEC. 561. (a) CIVIL PENALTIES.—Section 

15 46301(a)(5)(A)(i) of title 49, United States Code, is amend16 ed— 

17 (1) by striking ‘‘or chapter 449’’ and inserting 

18 ‘‘chapter 449’’; and 

19 (2) by inserting ‘‘, or section 46314(a)’’ after 

20 ‘‘44909)’’. 

21 (b) CRIMINAL PENALTIES.—Section 46314(b) of title 

22 49, United States Code, is amended to read as follows: 

23 ‘‘(b) CRIMINAL PENALTY.—A person violating sub24 section (a) of this section shall be fined under title 18, im25 prisoned for not more than 10 years, or both.’’. 
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1 (c) NOTICE OF PENALTIES.—Section 46314 of title 49, 

2 United States Code, is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(c) NOTICE OF PENALTIES.— 

5 ‘‘(1) IN GENERAL.—Each operator of an airport 

6 in the United States that is required to establish an 

7 air transportation security program pursuant to sec8 tion 44903(c) shall ensure that signs that meet such 

9 requirements as the Secretary of Homeland Security 

10 may prescribe providing notice of the penalties im11 posed under sections 46301(a)(5)(A)(i) and subsection 

12 (b) of this section, are displayed near all screening lo13 cations, all locations where passengers exit the sterile 

14 area, and such other locations at the airport as the 

15 Secretary of Homeland Security determines appro16 priate. 

17 ‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An in18 dividual shall be subject to the penalty provided for 

19 under section 46301(a)(5)(A)(i) and subsection (b) of 

20 this section without regard to whether signs are dis21 played at an airport as required by paragraph (1).’’. 

22 SEC. 562. (a) SHORT TITLE.—This section may be 

23 cited as the ‘‘Disaster Assistance Recoupment Fairness Act 

24 of 2011’’. 

25 (b) DEBTS SINCE 2005.— 
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1 (1) DEFINITION.—In this section, the term ‘‘cov2 ered assistance’’ means assistance provided— 

3 (A) under section 408 of the Robert T. Staf4 ford Disaster Relief and Emergency Assistance 

5 Act (42 U.S.C. 5174); and 

6 (B) in relation to a major disaster declared 

7 by the President under section 401 of the Robert 

8 T. Stafford Disaster Relief and Emergency As9 sistance Act (42 U.S.C. 5170) during the period 

10 beginning on August 28, 2005, and ending on 

11 December 31, 2010. 

12 (2) WAIVER AUTHORITY.—The Administrator of 

13 the Federal Emergency Management Agency— 

14 (A) subject to subparagraph (B), may waive 

15 a debt owed to the United States related to cov16 ered assistance provided to an individual or 

17 household if— 

18 (i) the covered assistance was distrib19 uted based on an error by the Federal 

20 Emergency Management Agency; 

21 (ii) there was no fault on behalf of the 

22 debtor; and 

23 (iii) the collection of the debt would be 

24 against equity and good conscience; and 
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1 (B) may not waive a debt under subpara2 graph (A) if the debt involves fraud, the presen3 tation of a false claim, or misrepresentation by 

4 the debtor or any party having an interest in the 

5 claim. 

6 (3) REPORTING.—Not later than 3 months after 

7 the date of enactment of this Act, and every 3 months 

8 thereafter until the date that is 18 months after the 

9 date of enactment of this Act, the Inspector General 

10 of the Department of Homeland Security shall submit 

11 a report that assesses the cost-effectiveness of the ef12 forts of the Federal Emergency Management Agency 

13 to recoup improper payments under the Individuals 

14 and Household Program under section 408 of the 

15 Robert T. Stafford Disaster Relief and Emergency As16 sistance Act (42 U.S.C. 5174) to— 

17 (A) the Committee on Homeland Security 

18 and Governmental Affairs and the Subcommittee 

19 on Homeland Security of the Committee on Ap20 propriations of the Senate; and 

21 (B) the Committee on Homeland Security, 

22 the Committee on Transportation and Infra23 structure, and the Subcommittee on Homeland 

24 Security of the Committee on Appropriations of 

25 the House of Representatives. 
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1 SEC. 563. (a) Notwithstanding section 312 of the Rob2 ert T. Stafford Disaster Relief and Emergency Assistance 

3 Act and subject to subsection (b), recipients of Small Busi4 ness Administration Disaster loans for disaster-related 

5 damage to their homes may be eligible for reimbursement 

6 at the discretion of the state, under Section 404 of that Act, 

7 for documented and eligible mitigation work performed on 

8 their home. 

9 (b) LIMITATIONS.— 

10 (1) Any reimbursement provided to or on behalf 

11 of a homeowner pursuant to subsection (a) shall not 

12 exceed the amount of the disaster loan that may be 

13 used and was used for disaster mitigation activities; 

14 and 

15 (2) Subsection (a) shall only apply if the dis16 aster loan and assistance provided under section 404 

17 were made available in response to the same disaster 

18 declaration. 

19 (3) Shall be applicable only to disasters declared 

20 by the President under section 401 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance 

22 Act (42 U.S.C. 5170) during the period beginning on 

23 August 28, 2005 and ending on August 28, 2006. 
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1 (c) If a state chooses to use funds under section 404 

2 to reimburse homeowners as provided in subsection (a), it 

3 shall make payments in the following order: 

4 (1) First, to the Small Business Administration 

5 on behalf of the eligible homeowner for the purpose of 

6 reducing, but not below zero, the homeowner’s out7 standing debt obligation to the Small Business Ad8 ministration for the disaster loan; and 

9 (2) Second, any remaining reimbursement shall 

10 be paid directly to the homeowner. 

11 SEC. 564. Notwithstanding the requirement under sec12 tion 34(a)(1)(A) of the Federal Fire Prevention and Control 

13 Act of 1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must 

14 be used to increase the number of firefighters in fire depart15 ments, the Secretary of Homeland Security, in making 

16 grants under section 34 of such Act using the funds appro17 priated for fiscal year 2011, shall grant waivers from the 

18 requirements of subsections (a)(1)(B), (c)(1), (c)(2), and 

19 (c)(4)(A) of such section: Provided, That section 34(a)(1)(E) 

20 of such Act shall not apply with respect to funds appro21 priated for fiscal year 2011 for grants under section 34 of 

22 such Act: Provided further, That the Secretary of Homeland 

23 Security, in making grants under section 34 of such Act, 

24 shall ensure that funds appropriated for fiscal year 2011 
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1 are made available for the hiring, rehiring, or retention of 

2 firefighters. 

3 (INCLUDING RESCISSIONS)

4 SEC. 565. (a) For an additional amount for Coast 

5 Guard ‘‘Acquisition, Construction, and Improvements’’, 

6 $18,300,000, to remain available until September 30, 2014, 

7 for aircraft replacement. 

8 (b) The following amounts are rescinded: 

9 (1) $7,300,000 from unobligated balances made 

10 available for Coast Guard ‘‘Acquisition, Construction, 

11 and Improvements’’ in chapter 5 of title I of division 

12 B of Public Law 110–329. 

13 (2) $7,000,000 from unobligated balances made 

14 available for ‘‘United States Citizenship and Immi15 gration Services’’ in chapter 6 of title I of Public Law 

16 111–212. 

17 (3) $4,000,000 from unobligated balances made 

18 available for Transportation Security Administration 

19 ‘‘Aviation Security’’ in chapter 5 of title III of Public 

20 Law 110–28. 

21 (c) The amount made available in subsection (a) is 

22 designated by Congress as being for an emergency require23 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985 (Public 

25 Law 99–177), as amended. 
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1 (RESCISSIONS)

2 SEC. 566. Of the funds transferred to the Department 

3 of Homeland Security when it was created in 2003, the fol4 lowing funds are hereby rescinded from the following ac5 counts and programs in the specified amounts: 

6 (1) $2,577,000 from Coast Guard, ‘‘Acquisition, 

7 Construction, and Improvements’’. 

8 (2) $4,000,000 from U.S. Immigration and Cus9 toms Enforcement, ‘‘Salaries and Expenses’’. 

10 (3) $407,000 from ‘‘Violent Crime Reduction 

11 Programs’’. 

12 (4) $7,101,000 from U.S. Customs and Border 

13 Protection, ‘‘Salaries and Expenses’’. 

14 (5) $3,121,348 from Department of Homeland 

15 Security, ‘‘Office for Domestic Preparedness’’. 

16 (6) $678,213 from Federal Emergency Manage17 ment Agency, ‘‘National Predisaster Mitigation 

18 Fund’’. 

19 (RESCISSION)

20 SEC. 567. Of the unobligated, prior year balances 

21 available for U.S. Immigration and Customs Enforcement, 

22 ‘‘Salaries and Expenses’’, $7,000,000 are rescinded. 
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1 (RESCISSION)

2 SEC. 568. Of the unobligated, prior year balances 

3 available for U.S. Immigration and Customs Enforcement, 

4 ‘‘Automation Modernization’’, $10,000,000 are rescinded. 

5 (RESCISSION)

6 SEC. 569. Of the unobligated balances available for De7 partment of Homeland Security, ‘‘Transportation Security 

8 Administration’’ in ‘‘Aviation Security’’ account 70x0550, 

9 $48,503,000 are rescinded. 

10 (RESCISSION)

11 SEC. 570. Of the unobligated, prior year balances 

12 available for Science and Technology, ‘‘Research, Develop13 ment, Acquisition, and Operations’’, $20,000,000 are re14 scinded. 

15 This Act may be cited as the ‘‘Department of Home16 land Security Appropriations Act, 2012’’. 

Calendar No. 156 

112TH CONGRESS 

1ST SESSION H. R. 2017 

[Report No. 112–74] 

AN ACT 

Making appropriations for the Department of 

September 30, 2012, and for other purposes. Homeland Security for the fiscal year ending 

JUNE 6, 2011 

Received; read twice and referred to the Committee on 

Appropriations 

SEPTEMBER 7, 2011 

Reported with an amendment