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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2017 Reported in House (RH)]

                                                  Union Calendar No. 50
112th CONGRESS
  1st Session
                                H. R. 2017

                          [Report No. 112-91]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2011

 Mr. Aderholt introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 A BILL

 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2012, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,  That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2012, and for other purposes, namely:

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $126,700,000: Provided, That 
not to exceed $60,000 shall be for official reception and 
representation expenses, of which $20,000 shall be made available to 
the Office of Policy for Visa Waiver Program negotiations in 
Washington, DC, and for other international activities: Provided 
further, That consistent with the requirements specified within 
Presidential Policy Directive-8, dated March 30, 2011, the Secretary 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives not later than October 15, 2011, the National 
Preparedness Goal and not later than January 15, 2012, the National 
Preparedness System: Provided further, That of the amount made 
available under this heading, $63,350,000 may not be obligated until 
the Committees on Appropriations of the Senate and the House of 
Representatives receive (1) the National Preparedness Goal and the 
National Preparedness System consistent with Presidential Policy 
Directive-8, and (2) the Secretary's determination on implementation of 
biometric air exit.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $234,940,000, of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount made available under this 
heading, $5,000,000 shall remain available until September 30, 2016, 
solely for the alteration and improvement of facilities, tenant 
improvements, and relocation costs to consolidate Department 
headquarters operations at the Nebraska Avenue Complex; and $16,686,000 
shall remain available until September 30, 2014, for the Human 
Resources Information Technology program.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $50,860,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$261,300,000, of which $105,500,000 shall be available for salaries and 
expenses; and of which $155,800,000, to remain available until 
September 30, 2014, shall be available for development and acquisition 
of information technology equipment, software, services, and related 
activities for the Department of Homeland Security: Provided, That the 
Chief Information Officer shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, not 
later than 60 days after the date of enactment of this Act, an 
expenditure plan for all information technology acquisition projects 
that are funded under this heading or are funded by multiple components 
of the Department of Homeland Security through reimbursable agreements: 
Provided further, That such expenditure plan shall include, for each 
project funded, the name of the project, its key milestones, all 
funding sources, detailed annual and lifecycle costs, and projected 
cost savings or cost avoidance to be achieved: Provided further, That 
the Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, a multi-year investment and 
management plan for all information technology acquisition projects 
that includes--
            (1) the proposed appropriations included for each project 
        and activity tied to mission requirements, program management 
        capabilities, performance levels, and specific capabilities and 
        services to be delivered;
            (2) the total estimated cost and projected timeline of 
        completion for all multi-year enhancements, modernizations, and 
        new capabilities that are proposed in such budget or underway;
            (3) a detailed accounting of operations and maintenance and 
        contractor services costs; and
            (4) a current acquisition program baseline for each 
        project, that--
                    (A) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline;
                    (B) aligns the acquisition programs covered by the 
                baseline to mission requirements by defining existing 
                capabilities, identifying known capability gaps between 
                such existing capabilities and stated mission 
                requirements, and explaining how each increment will 
                address such known capability gaps; and
                    (C) defines life-cycle costs for such programs.

                        Analysis and Operations

    For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $344,368,000, of which not 
to exceed $5,000 shall be for official reception and representation 
expenses; and of which $58,757,000 shall remain available until 
September 30, 2013.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $124,000,000, of which not to exceed $300,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and transportation of 
unaccompanied minor aliens; purchase and lease of up to 8,000 (7,000 
for replacement only) police-type vehicles; and contracting with 
individuals for personal services abroad; $8,769,518,000, of which 
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for 
administrative expenses related to the collection of the Harbor 
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $45,000 shall be for official reception and 
representation expenses; of which not less than $287,901,000 shall be 
for Air and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of 
which not to exceed $150,000 shall be available for payment for rental 
space in connection with preclearance operations; and of which not to 
exceed $1,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security: Provided, That for fiscal year 2012, the overtime 
limitation prescribed in section 5(c)(1) of the Act of February 13, 
1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any 
other provision of law, none of the funds appropriated by this Act may 
be available to compensate any employee of U.S. Customs and Border 
Protection for overtime, from whatever source, in an amount that 
exceeds such limitation, except in individual cases determined by the 
Secretary of Homeland Security, or the designee of the Secretary, to be 
necessary for national security purposes, to prevent excessive costs, 
or in cases of immigration emergencies: Provided further, That the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, a multi-year investment and 
management plan for Inspection and Detection Technology that identifies 
for each technology--
            (1) the inventory of Inspection and Detection Technology by 
        location and date of deployment;
            (2) the proposed appropriations included in the budget 
        subdivided by the proposed appropriations for procurement, 
        including quantity, deployment, and operations and maintenance;
            (3) projected funding levels for procurement in quantity, 
        deployment, and operations and maintenance for each of the next 
        three fiscal years; and
            (4) a current acquisition program baseline that--
                    (A) aligns the acquisition of each technology to 
                mission requirements by defining existing capabilities 
                of comparable legacy technology assets, identifying 
                known capability gaps between such existing 
                capabilities and stated mission requirements, and 
                explaining how the acquisition of each technology will 
                address such known capability gaps;
                    (B) defines life-cycle costs for each technology, 
                including all associated costs of major acquisitions 
                systems infrastructure and transition to operations, 
                delineated by purpose and fiscal year for the projected 
                service life of the technology; and
                    (C) includes a phase-out and decommissioning 
                schedule delineated by fiscal year for existing legacy 
                technology assets that each technology is intended to 
                replace or recapitalize.

                        automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $334,275,000, to remain available until September 30, 2014, of 
which not less than $140,000,000 shall be for the development of the 
Automated Commercial Environment: Provided, That the Commissioner of 
U.S. Customs and Border Protection shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, not 
later than 60 days after the date of enactment of this Act, an 
expenditure plan for the Automated Commercial Environment program 
including results to date, plans for the program, and a list of 
projects with associated funding from prior appropriations and provided 
by this Act: Provided further, That the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives, at the time that the President's budget is 
submitted each year under section 1105(a) of title 31, United States 
Code, a multi-year investment and management plan for the funds made 
available under this heading that includes--
            (1) the proposed appropriations included for each project 
        and activity tied to mission requirements, program management 
        capabilities, performance levels, and specific capabilities and 
        services to be delivered;
            (2) the total estimated cost and projected timeline of 
        completion for all multi-year enhancements, modernizations, and 
        new capabilities proposed in such budget or underway;
            (3) a detailed accounting of operations and maintenance and 
        contractor services costs; and
            (4) current acquisition program baselines for the Automated 
        Commercial Environment and TECS Modernization respectively, 
        that--
                    (A) note and explain any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline;
                    (B) align these acquisition programs to mission 
                requirements by defining existing capabilities, 
                identifying known capability gaps between such existing 
                capabilities and stated mission requirements, and 
                explaining how each increment will address such known 
                capability gaps; and
                    (C) define life-cycle costs for these programs.

        border security fencing, infrastructure, and technology

    For expenses for border security fencing, infrastructure, and 
technology, $500,000,000, to remain available until September 30, 2014: 
Provided, That of the total amount made available under this heading, 
$150,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive a 
detailed expenditure plan prepared by the Secretary of Homeland 
Security, and submitted not later than 90 days after the date of 
enactment of this Act, for a program to establish and maintain a 
security barrier along the borders of the United States, of fencing and 
vehicle barriers where practicable, and of other forms of fencing, 
tactical infrastructure, and technology: Provided further, That the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, a multi-year investment and 
management plan for the Border Security Fencing, Infrastructure, and 
Technology account, that includes for each tactical infrastructure and 
technology deployment--
            (1) the funding level in that budget and projected funding 
        levels for each of the next three fiscal years, including a 
        description of the purpose of such funding levels;
            (2) the deployment plan, by border segment, that aligns 
        each deployment to mission requirements by defining existing 
        capabilities, identifying known capability gaps between such 
        existing capabilities and stated mission requirements related 
        to achieving operational control, and explaining how each 
        tactical infrastructure or technology deployment will address 
        such known capability gaps; and
            (3) a current acquisition program baseline that--
                    (A) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the most recent acquisition program 
                baseline approved by the Department of Homeland 
                Security Acquisition Review Board;
                    (B) includes a phase-out and life-cycle 
                recapitalization schedule delineated by fiscal year for 
                existing and new tactical infrastructure and technology 
                deployments that each deployment is intended to replace 
                or recapitalize; and
                    (C) includes qualitative performance metrics that 
                assess the effectiveness of new and existing tactical 
                infrastructure and technology deployments and inform 
                the next multi-year investment and management plan 
                related to achieving operational control of the 
                Northern and Southwest borders of the United States.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, the operations of 
which include the following: the interdiction of narcotics and other 
goods; the provision of support to Federal, State, and local agencies 
in the enforcement or administration of laws enforced by the Department 
of Homeland Security; and at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State, and 
local agencies in other law enforcement and emergency humanitarian 
efforts, $499,966,000, to remain available until September 30, 2014: 
Provided, That no aircraft or other related equipment, with the 
exception of aircraft that are one of a kind and have been identified 
as excess to U.S. Customs and Border Protection requirements and 
aircraft that have been damaged beyond repair, shall be transferred to 
any other Federal agency, department, or office outside of the 
Department of Homeland Security during fiscal year 2012 without the 
prior approval of the Committees on Appropriations of the Senate and 
the House of Representatives: Provided further, That the Secretary of 
Homeland Security shall report to the Committees on Appropriations of 
the Senate and the House of Representatives, not later than 90 days 
after the date of enactment of this Act, on the update to the five-year 
strategic plan for the air and marine program directed in conference 
report 109-241 accompanying Public Law 109-90 that addresses missions, 
structure, operations, equipment, facilities, and resources including 
deployment and command and control requirements, and includes a 
recapitalization plan with milestones and funding, and a detailed 
staffing plan with associated costs to achieve full staffing to meet 
all mission requirements.

                 construction and facilities management

    For necessary expenses to plan, acquire, construct, renovate, 
equip, furnish, operate, manage, oversee, administer, and maintain 
buildings and facilities and to provide facilities solutions and 
related infrastructure along with program management support necessary 
for the administration and enforcement of the laws relating to customs, 
immigration, and border security, $234,096,000, to remain available 
until September 30, 2016: Provided, That the Commissioner of U.S. 
Customs and Border Protection shall submit an expenditure plan to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 60 days after the date of enactment of 
this Act for the projects funded under this heading: Provided further, 
That the Secretary of Homeland Security shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives, at 
the time that the President's budget is submitted each year under 
section 1105(a) of title 31, United States Code, an inventory of the 
real property of the U.S. Customs and Border Protection and a plan for 
each activity and project proposed for funding under this heading that 
includes the full cost by fiscal year of each activity and project 
proposed and underway in fiscal year 2013.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$5,522,474,000, of which not to exceed $7,500,000 shall be available 
until expended for conducting special operations under section 3131 of 
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $2,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security; of which not less 
than $305,000 shall be for promotion of public awareness of the child 
pornography tipline and activities to counter child exploitation; of 
which not less than $5,400,000 shall be used to facilitate agreements 
consistent with section 287(g) of the Immigration and Nationality Act 
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be 
available to fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation of smuggled 
aliens unlawfully present in the United States: Provided, That none of 
the funds made available under this heading shall be available to 
compensate any employee for overtime in an annual amount in excess of 
$35,000, except that the Secretary, or the designee of the Secretary, 
may waive that amount as necessary for national security purposes and 
in cases of immigration emergencies: Provided further, That of the 
total amount provided, $15,770,000 shall be for activities to enforce 
laws against forced child labor, of which not to exceed $6,000,000 
shall remain available until expended: Provided further, That of the 
total amount available, not less than $1,600,000,000 shall be available 
to identify aliens convicted of a crime who may be deportable and 
aliens who may pose a serious risk to public safety or national 
security who may be deportable, and to remove them from the United 
States once they are judged deportable, of which $194,064,000 shall 
remain available until September 30, 2013: Provided further, That the 
Assistant Secretary of Homeland Security for U.S. Immigration and 
Customs Enforcement shall report to the Committees on Appropriations of 
the Senate and the House of Representatives, not later than 45 days 
after the end of each quarter of the fiscal year, on progress in 
implementing the preceding proviso and the funds obligated during that 
quarter to make such progress: Provided further, That the Secretary 
shall prioritize the identification and removal of aliens convicted of 
a crime by the severity of that crime: Provided further, That the 
funding made available under this heading shall maintain a level of not 
less than 34,000 detention beds through September 30, 2012: Provided 
further, That of the total amount provided, not less than 
$2,750,843,000 is for detention and removal operations, including 
transportation of unaccompanied minor aliens: Provided further, That of 
the total amount provided, $10,300,000 shall remain available until 
September 30, 2013, for the Visa Security Program: Provided further, 
That none of the funds provided under this heading may be used to 
continue a delegation of law enforcement authority authorized under 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been violated: Provided further, That none of the funds 
provided under this heading may be used to continue any contract for 
the provision of detention services if the two most recent overall 
performance evaluations received by the contracted facility are less 
than ``adequate'' or the equivalent median score in any subsequent 
performance evaluation system: Provided further, That nothing under 
this heading shall prevent U.S. Immigration and Customs Enforcement 
from exercising those authorities provided under immigration laws (as 
defined in section 101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens 
convicted of a crime.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $23,860,000, to remain available until September 30, 2016: 
Provided, That the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is submitted 
each year under section 1105(a) of title 31, United States Code, a 
multi-year investment and management plan for funds made available 
under this heading that includes--
            (1) the proposed appropriations included for each project 
        and activity tied to mission requirements and outcomes, program 
        management capabilities, performance levels, and specific 
        capabilities and services to be delivered;
            (2) the total estimated cost and projected timeline of 
        completion for all multi-year enhancements, modernizations, and 
        new capabilities proposed in such budget or underway;
            (3) a detailed accounting of operations and maintenance and 
        contractor services costs; and
            (4) current acquisition program baselines for Atlas and 
        TECS Modernization respectively, that--
                    (A) note and explain any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline;
                    (B) align these acquisition programs to mission 
                requirements by defining existing capabilities, 
                identifying known capability gaps between such existing 
                capabilities and stated mission requirements, and 
                explaining how each increment will address such known 
                capability gaps; and
                    (C) define life-cycle costs for these programs.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,224,556,000, of which 
$1,692,000,000 shall be available until September 30, 2013, and of 
which not to exceed $10,000 shall be for official reception and 
representation expenses: Provided, That of the total amount made 
available under this heading, not to exceed $4,155,813,000 shall be for 
screening operations, of which $555,003,000 shall be for explosives 
detection systems; of which $181,285,000 shall be for checkpoint 
support; and not to exceed $1,068,743,000 shall be for aviation 
security direction and enforcement: Provided further, That of the 
amount made available in the preceding proviso for explosives detection 
systems, $222,738,000 shall be available for the purchase and 
installation of such systems, of which not less than 10 percent shall 
be available for the purchase and installation of certified explosives 
detection systems at medium- and small-sized airports: Provided 
further, That notwithstanding section 44923 of title 49, United States 
Code, for fiscal year 2012 any funds in the Aviation Security Capital 
Fund established by section 44923(h) of title 49, United States Code, 
may be used for the procurement and installation of explosives 
detection systems or for the issuance of other transaction agreements 
for the purpose of funding projects described in section 44923(a): 
Provided further, That none of the funds made available in this Act may 
be used for any recruiting or hiring of personnel into the 
Transportation Security Administration that would cause the agency to 
exceed a staffing level of 46,000 full-time equivalent screeners: 
Provided further, That the preceding proviso shall not apply to 
personnel hired as part-time employees: Provided further, That not 
later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
detailed report on--
            (1) the Department of Homeland Security efforts and 
        resources being devoted to develop more advanced integrated 
        passenger screening technologies for the most effective 
        security of passengers and baggage at the lowest possible 
        operating and acquisition costs;
            (2) how the Transportation Security Administration is 
        deploying its existing passenger and baggage screener workforce 
        in the most cost effective manner; and
            (3) labor savings from the deployment of improved 
        technologies for passenger and baggage screening and how those 
        savings are being used to offset security costs or reinvested 
        to address security vulnerabilities:
 Provided further, That any award to deploy explosives detection 
systems shall be based on risk, the airport's current reliance on other 
screening solutions, lobby congestion resulting in increased security 
concerns, high injury rates, airport readiness, and increased cost 
effectiveness: Provided further, That security service fees authorized 
under section 44940 of title 49, United States Code, shall be credited 
to this appropriation as offsetting collections and shall be available 
only for aviation security: Provided further, That the sum appropriated 
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received in fiscal 
year 2012, so as to result in a final fiscal year appropriation under 
this heading from the general fund of not more than $3,194,556,000: 
Provided further, That any security service fees collected in excess of 
the amount made available under this heading shall be available for 
fiscal year 2013: Provided further, That Members of the House of 
Representatives and the Senate, including the leadership; the heads of 
Federal agencies and commissions, including the Secretary, Deputy 
Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the Attorney General, Deputy Attorney 
General, Assistant Attorneys General, and United States Attorneys; and 
senior members of the Executive Office of the President, including the 
Director of the Office of Management and Budget shall not be exempt 
from Federal passenger and baggage screening.
    

                    Surface Transportation Security

    For necessary expenses of the Transportation Security 
Administration related to surface transportation security activities, 
$129,748,000, to remain available until September 30, 2013.

           Transportation Threat Assessment and Credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $183,954,000, to remain available until September 
30, 2013.

                    Transportation Security Support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$1,032,790,000, to remain available until September 30, 2013: Provided, 
That the Secretary of Homeland Security shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives 
detailed expenditure plans for air cargo security, checkpoint support, 
and explosives detection systems procurement, refurbishment, and 
installation on an airport-by-airport basis for fiscal year 2013: 
Provided further, That these plans shall be submitted not later than 60 
days after the date of enactment of this Act.

                          Federal Air Marshals

    For necessary expenses of the Federal Air Marshals, $961,375,000.

                              Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for, purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $28,000,000; 
purchase or lease of boats necessary for overseas deployments and 
activities; minor shore construction projects not exceeding $1,000,000 
in total cost at any location; payments pursuant to section 156 of 
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation 
and welfare; $7,071,061,000, of which $598,278,000 shall be for 
defense-related activities, of which $258,278,000 is designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress); of which $24,500,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); and of which not to exceed $20,000 shall be for official 
reception and representation expenses: Provided, That none of the funds 
made available by this Act shall be for expenses incurred for 
recreational vessels under section 12114 of title 46, United States 
Code, except to the extent fees are collected from owners of yachts and 
credited to this appropriation: Provided further, That the Coast Guard 
shall comply with the requirements of section 527 of the National 
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 4331 note) 
with respect to the Coast Guard Academy: Provided further, That of the 
funds provided under this heading, $75,000,000 shall be withheld from 
obligation for Coast Guard Headquarters Directorates until (1) a 
revised future-years capital investment plan for fiscal years 2012 
through 2016, as specified under the heading ``Coast Guard, 
Acquisition, Construction, and Improvements'' of this Act, that is 
reviewed by the Comptroller General of the United States; (2) the 
fiscal year 2012 second quarter acquisition report; and (3) the polar 
operations high latitude study are submitted to the Committees on 
Appropriations of the Senate and the House of Representatives: Provided 
further, That funds made available under this heading designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress) may be allocated by program, project, and 
activity, notwithstanding section 503 of this Act.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the Coast Guard under chapter 19 of title 
14, United States Code, $10,198,000, to remain available until 
September 30, 2016: Provided, That an expenditure plan that itemizes 
the costs associated with each project identified in the Coast Guard's 
Environmental Compliance and Restoration backlog report dated April 11, 
2011, shall be included at the time that the President's budget is 
submitted each year under section 1105(a) of title 31, United States 
Code, to the Committees on Appropriations of the Senate and the House 
of Representatives.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the Coast Guard reserve program; 
personnel and training costs; and equipment and services; $131,778,000.

              acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto, and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $1,151,673,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $427,691,000 shall be available until 
September 30, 2016, to acquire, effect major repairs to, renovate, or 
improve vessels, small boats, and related equipment; of which 
$328,900,000 shall be available until September 30, 2014, to acquire, 
effect major repairs to, renovate, or improve aircraft or increase 
aviation capability; of which $171,140,000 shall be available until 
September 30, 2014, for other equipment; of which $116,000,000 shall be 
available until September 30, 2016, for shore, infrastructure, military 
housing, and aids to navigation facilities, including waterfront 
facilities at Navy installations used by the Coast Guard, of which 
$14,000,000 may be derived from the Coast Guard Housing Fund, 
established under section 687 of title 14, United States Code; and of 
which $107,942,000 shall be available for personnel compensation and 
benefits and related costs: Provided, That the Secretary of Homeland 
Security shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives, at the time that the President's 
budget is submitted each year under section 1105(a) of title 31, United 
States Code, a future-years capital investment plan for the Coast Guard 
that identifies for each requested capital asset--
            (1) the proposed appropriations included in that budget;
            (2) the total estimated cost of completion, including and 
        clearly delineating the costs of associated major acquisition 
        systems infrastructure and transition to operations;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until acquisition program baseline or 
        project completion, whichever is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) a current acquisition program baseline for each capital 
        asset, as applicable, that--
                    (A) includes the total acquisition cost of each 
                asset, subdivided by fiscal year and including a 
                detailed description of the purpose of the proposed 
                funding levels for each fiscal year, including for each 
                fiscal year funds requested for design, pre-acquisition 
                activities, production, structural modifications, 
                missionization, post-delivery, and transition to 
                operations costs;
                    (B) includes a detailed project schedule through 
                completion, subdivided by fiscal year, that details--
                            (i) quantities planned for each fiscal 
                        year; and
                            (ii) major acquisition and project events, 
                        including development of operational 
                        requirements, contracting actions, design 
                        reviews, production, delivery, test and 
                        evaluation, and transition to operations, 
                        including necessary training, shore 
                        infrastructure, and logistics;
                    (C) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline and the most recent baseline approved by the 
                Department of Homeland Security's Acquisition Review 
                Board, if applicable;
                    (D) aligns the acquisition of each asset to mission 
                requirements by defining existing capabilities of 
                comparable legacy assets, identifying known capability 
                gaps between such existing capabilities and stated 
                mission requirements, and explaining how the 
                acquisition of each asset will address such known 
                capability gaps;
                    (E) defines life-cycle costs for each asset and the 
                date of the estimate on which such costs are based, 
                including all associated costs of major acquisitions 
                systems infrastructure and transition to operations, 
                delineated by purpose and fiscal year for the projected 
                service life of the asset;
                    (F) includes the earned value management system 
                summary schedule performance index and cost performance 
                index for each asset, if applicable; and
                    (G) includes a phase-out and decommissioning 
                schedule delineated by fiscal year for each existing 
                legacy asset that each asset is intended to replace or 
                recapitalize:
         Provided further, That the Secretary shall ensure that amounts 
        specified in the future-years capital investment plan are 
        consistent, to the maximum extent practicable, with proposed 
        appropriations necessary to support the programs, projects, and 
        activities of the Coast Guard in the President's budget as 
        submitted under section 1105(a) of title 31, United States 
        Code, for that fiscal year: Provided further, That any 
        inconsistencies between the capital investment plan and 
        proposed appropriations shall be identified and justified: 
        Provided further, That subsections (a) and (b) of section 6402 
        of Public Law 110-28 shall apply with respect to the amounts 
        made available under this heading.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$12,779,000, to remain available until September 30, 2016, of which 
$500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited to 
and used for the purposes of this appropriation funds received from 
State and local governments, other public authorities, private sources, 
and foreign countries for expenses incurred for research, development, 
testing, and evaluation: Provided further, That a detailed expenditure 
plan for the amount requested under this heading shall be included with 
the President's annual budget submission.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,440,157,000, to remain available until expended.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 652 vehicles for police-type use 
for replacement only; hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; services of 
expert witnesses at such rates as may be determined by the Director of 
the Secret Service; rental of buildings in the District of Columbia, 
and fencing, lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may be 
necessary to perform protective functions; payment of per diem or 
subsistence allowances to employees in cases in which a protective 
assignment on the actual day or days of the visit of a protectee 
requires an employee to work 16 hours per day or to remain overnight at 
a post of duty; conduct of and participation in firearms matches; 
presentation of awards; travel of United States Secret Service 
employees on protective missions without regard to the limitations on 
such expenditures in this or any other Act if approval is obtained in 
advance from the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; grants to conduct 
behavioral research in support of protective research and operations; 
and payment in advance for commercial accommodations as may be 
necessary to perform protective functions; $1,666,451,000, of which not 
to exceed $25,000 shall be for official reception and representation 
expenses; of which not to exceed $100,000 shall be to provide technical 
assistance and equipment to foreign law enforcement organizations in 
counterfeit investigations; of which $2,366,000 shall be for forensic 
and related support of investigations of missing and exploited 
children; and of which $6,000,000 shall be for a grant for activities 
related to investigations of missing and exploited children and shall 
remain available until September 30, 2013: Provided, That up to 
$18,000,000 for protective travel shall remain available until 
September 30, 2013: Provided further, That up to $12,307,000 for 
National Special Security Events shall remain available until September 
30, 2013: Provided further, That the United States Secret Service is 
authorized to obligate funds in anticipation of reimbursements from 
Federal agencies and entities, as defined in section 105 of title 5, 
United States Code, for personnel receiving training sponsored by the 
James J. Rowley Training Center, except that total obligations at the 
end of the fiscal year shall not exceed total budgetary resources 
available under this heading at the end of the fiscal year: Provided 
further, That none of the funds made available under this heading shall 
be available to compensate any employee for overtime in an annual 
amount in excess of $35,000, except that the Secretary of Homeland 
Security, or the designee of the Secretary, may waive that amount as 
necessary for national security purposes: Provided further, That none 
of the funds made available to the United States Secret Service by this 
Act or by previous appropriations Acts may be made available for the 
protection of the head of a Federal agency other than the Secretary of 
Homeland Security: Provided further, That the Director of the United 
States Secret Service may enter into an agreement to provide such 
protection on a fully reimbursable basis: Provided further, That of the 
total amount made available under this heading, $43,843,000, to remain 
available until September 30, 2014, is for information integration and 
transformation: Provided further, That none of the funds made available 
in the preceding proviso shall be obligated to purchase or install 
information technology equipment until the Chief Information Officer of 
the Department of Homeland Security submits a report to the Committees 
on Appropriation of the Senate and the House of Representatives 
certifying that all plans for such integration and transformation are 
consistent with Department of Homeland Security enterprise architecture 
requirements: Provided further, That none of the funds made available 
to the United States Secret Service by this Act or by previous 
appropriations Acts may be obligated for the purpose of opening a new 
permanent domestic or overseas office or location unless the Committees 
on Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such obligation.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $6,780,000, to remain 
available until September 30, 2016.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Management 
and Analysis, $42,511,000: Provided, That not to exceed $5,000 shall be 
for official reception and representation expenses.

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$891,243,000: Provided, That of the amount made available under this 
heading, $219,420,500 may not be obligated for the National Cyber 
Security Division program and $148,639,500 may not be obligated for the 
Office of Infrastructure Protection until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure for each of these programs that 
describes the strategic context of the programs, the specific goals and 
milestones set for the programs, and the funds allocated to achieving 
each of those goals and milestones: Provided further, That the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, (1) an expenditure plan for 
the Office of Infrastructure Protection and the National Cyber Security 
Division that describes the strategic context of the programs, the 
specific goals and milestones set for the programs, and the funds 
allocated to achieving each of those goals and milestones for the 
fiscal year being appropriated; and (2) a multi-year investment and 
management plan for the National Cybersecurity Protection System that 
identifies--
            (1) the inventory of nests and sensors by location and date 
        of deployment;
            (2) the proposed appropriations included in that budget for 
        each increment sub-divided by procurement, including quantity, 
        deployment, and operations and maintenance;
            (3) projected funding levels for procurements including 
        quantity, deployment, and operations and maintenance for each 
        increment for each of the next five fiscal years; and
            (4) a current acquisition program baseline that--
                    (A) aligns the acquisition to mission requirements 
                by defining existing capabilities, identifying known 
                capability gaps between such existing capabilities and 
                stated mission requirements, and explaining how the 
                acquisition of each technology will address such known 
                capability gaps; and
                    (B) defines life-cycle costs for each technology, 
                including all associated costs of major acquisitions 
                systems infrastructure and transition to operations, 
                delineated by purpose and fiscal year for the projected 
                service life of the technology.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of Federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
the Director of the Federal Protective Service shall include with the 
submission of the fiscal year 2013 budget a strategic human capital 
plan that aligns fee collection to personnel requirements based on the 
current threat assessment; Provided further, That an expenditure plan 
for program, project, and activity and by objective for fiscal year 
2012 shall be provided to the Committees on Appropriations of the 
Senate and the House of Representatives not later than 60 days after 
the date of enactment of this Act: Provided further, That an 
expenditure plan for program, project, and activity and by objective 
for fiscal year 2013 shall be submitted at the time that the 
President's budget is submitted each year under section 1105(a) of 
title 31, United States Code, to the Committees on Appropriations of 
the Senate and the House of Representatives.

    united states visitor and immigrant status indicator technology

    For necessary expenses for the United States Visitor and Immigrant 
Status Indicator Technology program, as authorized by section 110 of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1365a), $297,402,000: Provided, That of the total amount made 
available under this heading, $194,295,000 is to remain available until 
September 30, 2014: Provided further, That of the total amount 
provided, $50,000,000 may not be obligated for the United States 
Visitor and Immigrant Status Indicator Technology program until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a plan for expenditure, prepared by the 
Secretary of Homeland Security, not later than 90 days after the date 
of enactment of this Act, that meets the statutory conditions specified 
under this heading in Public Law 110-329: Provided further, That the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, a multi-year investment and 
management plan for the United States Visitor and Immigrant Status 
Indicator Technology program that includes--
            (1) the proposed appropriations for each activity tied to 
        mission requirements and outcomes, program management 
        capabilities, performance levels, and specific capabilities and 
        services to be delivered, noting any deviations in cost or 
        performance from the prior fiscal year expenditure or 
        investment and management plan;
            (2) the total estimated cost, projected funding by fiscal 
        year, and projected timeline of completion for all 
        enhancements, modernizations, and new capabilities proposed in 
        such budget and underway, including and clearly delineating 
        associated efforts and funds requested by other agencies within 
        the Department of Homeland Security and in the Federal 
        Government, and detailing any deviations in cost, performance, 
        schedule, or estimated date of completion provided in the prior 
        fiscal year expenditure or investment and management plan; and
            (3) a detailed accounting of operations and maintenance, 
        contractor services, and program costs associated with the 
        management of identity services.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$165,949,000; of which $30,171,000 is for salaries and expenses and 
$115,164,000 is for BioWatch operations: Provided, That $45,615,000 
shall remain available until September 30, 2013, for biosurveillance, 
BioWatch Generation 3, chemical defense, medical and health planning 
and coordination, and workforce health protection: Provided further, 
That not to exceed $3,000 shall be for official reception and 
representation expenses: Provided further, That an expenditure plan for 
program, project, and activity and by objective for fiscal year 2012 
shall be provided to the Committees on Appropriations of the Senate and 
the House of Representatives not later than 60 days after the date of 
enactment of this Act: Provided further, That an expenditure plan for 
program, project, and activity and by objective for each fiscal year 
shall be submitted at the time that the President's budget is submitted 
each year under section 1105(a) of title 31, United States Code, to the 
Committees on Appropriations of the Senate and the House of 
Representatives.

                  Federal Emergency Management Agency

                     management and administration

    For necessary expenses for management and administration of the 
Federal Emergency Management Agency, $707,298,000, including activities 
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire 
Assistance Act of 2000 (division C, title I, 114 Stat. 583), the 
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina 
Emergency Management Reform Act of 2006 (Public Law 109-295): Provided, 
That not to exceed $3,000 shall be for official reception and 
representation expenses: Provided further, That the Secretary of 
Homeland Security shall submit an expenditure plan detailed by office 
for the Federal Emergency Management Agency to the Committees on 
Appropriations of the Senate and the House of Representatives at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code: Provided further, That of the 
total amount made available under this heading, not to exceed 
$5,863,000 shall remain available until September 30, 2013, for capital 
improvements at the Mount Weather Emergency Operations Center: Provided 
further, That of the total amount made available under this heading, 
$35,250,000 shall be for the Urban Search and Rescue Response System, 
of which not to exceed $1,600,000 may be made available for 
administrative costs; and $5,493,000 shall be for the Office of 
National Capital Region Coordination: Provided further, That for 
purposes of planning, coordination, execution, and decision-making 
related to mass evacuation during a disaster, the Governors of the 
State of West Virginia and the Commonwealth of Pennsylvania, or their 
designees, shall be incorporated into efforts to integrate the 
activities of Federal, State, and local governments in the National 
Capital Region, as defined in section 882 of the Homeland Security Act 
of 2002 (Public Law 107-296).

                        state and local programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other 
activities, $1,000,000,000, which shall be distributed at the 
discretion of the Secretary of Homeland Security based on the following 
authorities:
            (1) The State Homeland Security Grant Program under section 
        2004 of the Homeland Security Act of 2002 (6 U.S.C. 605).
            (2) The Urban Area Security Initiative under section 2003 
        of the Homeland Security Act of 2002 (6 U.S.C. 604), 
        notwithstanding subsection (c)(1) of such section, funds 
        provided under this paragraph may be used for grants to 
        organizations (as described under section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax section 
        501(a) of such code) determined by the Secretary to be at high 
        risk of a terrorist attack.
            (3) The Metropolitan Medical Response System under section 
        635 of the Post-Katrina Emergency Management Reform Act of 2006 
        (6 U.S.C. 723).
            (4) The Citizen Corps Program, notwithstanding the 
        requirements of subtitle A of title XX of the Homeland Security 
        Act of 2002 (6 U.S.C. 603 et seq.).
            (5) The Public Transportation Security Assistance and 
        Railroad Security Assistance, under sections 1406 and 1513 of 
        the Implementing Recommendations of the 9/11 Commission Act of 
        2007 (6 U.S.C. 1135 and 1163): Provided, That such public 
        transportation security assistance shall be provided directly 
        to public transportation agencies.
            (6) Over-the-Road Bus Security Assistance under section 
        1532 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (6 U.S.C. 1182).
            (7) Port Security Grants in accordance with 46 U.S.C. 
        70107.
            (8) The Driver's License Security Grants Program in 
        accordance with section 204 of the REAL ID Act of 2005 (49 
        U.S.C. 30301 note).
            (9) The Interoperable Emergency Communications Grant 
        Program under section 1809 of the Homeland Security Act of 2002 
        (6 U.S.C. 579).
     Provided, That of the amount provided under this heading, 
$55,000,000 shall be for Operation Stonegarden and $192,663,000 shall 
be for training, exercises, technical assistance, and other programs, 
of which $107,000,000 shall be for training of State, local, and tribal 
emergency response providers: Provided further, That funds provided 
under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604) 
shall only be provided to the top 10 highest risk urban areas: Provided 
further, That notwithstanding subsection (c)(4) of section 2004 of the 
Homeland Security Act of 2002 (6 U.S.C. 605), for fiscal year 2012, the 
Commonwealth of Puerto Rico shall make available to local and tribal 
governments amounts provided to the Commonwealth of Puerto Rico under 
the State Homeland Security Grant Program in accordance with subsection 
(c)(1) of such section 2004: Provided further, That 10 percent of the 
amounts provided under this heading shall be transferred to ``Federal 
Emergency Management Agency, Management and Administration'' for 
program administration, and the Secretary of Homeland Security shall 
provide an expenditure plan for program administration to the 
Committees on Appropriations of the Senate and the House of 
Representatives within 60 days after the date of enactment of this Act: 
Provided further, That the Secretary shall provide a detailed 
expenditure plan for program administration for each fiscal year to the 
Committees on Appropriations of the Senate and the House of 
Representatives at the time that the President's budget is submitted 
each year under section 1105(a) of title 31, United States Code: 
Provided further, That notwithstanding section 2008(a)(11) of the 
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other 
provision of law, a grantee may use not more than five percent of the 
amount of a grant made available under this heading for expenses 
directly related to administration of the grant: Provided further, That 
for grants under paragraphs (1) through (4), the applications for 
grants shall be made available to eligible applicants not later than 25 
days after the date of enactment of this Act, that eligible applicants 
shall submit applications not later than 90 days after the grant 
announcement, and that the Administrator of the Federal Emergency 
Management Agency shall act within 90 days after receipt of an 
application: Provided further, That for grants awarded under paragraphs 
(5) through (9), the applications for grants shall be made available to 
eligible applicants not later than 30 days after the date of enactment 
of this Act, that eligible applicants shall submit applications within 
45 days after the grant announcement, and that the Federal Emergency 
Management Agency shall act not later than 60 days after receipt of an 
application: Provided further, That for grants under paragraphs (1) and 
(2), the installation of communications towers is not considered 
construction of a building or other physical facility: Provided 
further, That grantees shall provide reports on their use of funds, as 
determined necessary by the Secretary: Provided further, That (a) the 
Center for Domestic Preparedness may provide training to emergency 
response providers from the Federal Government, foreign governments, or 
private entities, if the Center is reimbursed for the cost of such 
training, and any reimbursement under this subsection shall be credited 
to the account from which the expenditure being reimbursed was made and 
shall be available, without fiscal year limitation, for the purposes 
for which amounts in the account may be expended, and (b) the head of 
the Center for Domestic Preparedness shall ensure that any training 
provided under (a) does not interfere with the primary mission of the 
Center to train State and local emergency response providers: Provided 
further, That not later than 60 days after the date of enactment of 
this Act, the Administrator of the Federal Emergency Management Agency 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a plan to expend by the end of fiscal year 
2012 all unexpended balances of funds appropriated for fiscal years 
before fiscal year 2008 under this heading.

                     firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$350,000,000, of which $200,000,000 shall be available to carry out 
section 33 of that Act (15 U.S.C. 2229) and $150,000,000 shall be 
available to carry out section 34 of that Act (15 U.S.C. 2229a), to 
remain available until September 30, 2013: Provided, That not to exceed 
10 percent of the amount available under this heading shall be 
transferred to ``Federal Emergency Management Agency, Management and 
Administration'' for program administration, and an expenditure plan 
for program administration shall be provided to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than 60 days after the date of enactment of this Act: Provided further, 
That an expenditure plan for program administration shall be submitted 
at the time that the President's budget is submitted each year under 
section 1105(a) of title 31, United States Code, to the Committees on 
Appropriations of the Senate and the House of Representatives.

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $350,000,000: Provided, That not to 
exceed 10 percent of the amount available under this heading shall be 
transferred to ``Federal Emergency Management Agency, Management and 
Administration'' for program administration, and an expenditure plan 
for program administration shall be provided to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than 60 days after the date of enactment of this Act: Provided further, 
That an expenditure plan for program administration shall be submitted 
at the time that the President's budget is submitted each year under 
section 1105(a) of title 31, United States Code, to the Committees on 
Appropriations of the Senate and the House of Representatives.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2012, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2012, and remain 
available until expended.

                   united states fire administration

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $42,538,000.

                            disaster relief

                     (including transfers of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$2,650,000,000, to remain available until expended: Provided, That the 
Federal Emergency Management Agency shall submit an expenditure plan to 
the Committees on Appropriations of the Senate and the House of 
Representatives detailing the use of the funds for disaster readiness 
and support not later than 60 days after the date of enactment of this 
Act: Provided further, That the Federal Emergency Management Agency 
shall submit to such Committees a quarterly report detailing 
obligations against the expenditure plan and a justification for any 
changes in spending: Provided further, That of the total amount 
provided, $16,000,000 shall be transferred to the Department of 
Homeland Security Office of Inspector General for audits and 
investigations related to disasters, subject to section 503 of this 
Act: Provided further, That not later than 60 days after the date of 
enactment of this Act, $105,600,000 shall be transferred to ``Federal 
Emergency Management Agency, Management and Administration'' for 
management and administration functions: Provided further, That the 
Administrator of the Federal Emergency Management Agency shall submit 
the monthly ``Disaster Relief'' report, as specified in Public Law 110-
161, to the Committees on Appropriations of the Senate and the House of 
Representatives, and include the amounts provided to each Federal 
agency for mission assignments: Provided further, That the 
Administrator of the Federal Emergency Management Agency shall submit 
quarterly reports to the Committees on Appropriations of the Senate and 
the House of Representatives providing estimates of funding 
requirements for ``Disaster Relief'' for the current fiscal year and 
the succeeding three fiscal years which shall include--
            (1) an estimate, by quarter, for the costs of all 
        previously designated disasters;
            (2) an estimate, by quarter, for the cost of future 
        disasters based on a five-year average, excluding catastrophic 
        disasters;
            (3) an estimate, by quarter, for the costs of catastrophic 
        disasters excluded from the five-year average subdivided by 
        disaster and shall include the amount already obligated and the 
        remaining estimated costs; and
            (4) an estimate of the date on which the ``Disaster 
        Relief'' balance will reach $800,000,000: Provided further, 
        That the Administrator of the Federal Emergency Management 
        Agency shall develop a policy and provide a report on such 
        policy that defines the five-year average used to develop the 
        budget estimates for disaster relief not later than 60 days 
        after the date of enactment of this Act that shall include a 
        clear and reproducible definition of the five-year average used 
        as a basis for the request, the responsible official who 
        develops the average, and the data source(s) used: Provided 
        further, That the Administrator of the Federal Emergency 
        Management Agency shall include in the fiscal year 2013 budget 
        submission for disaster relief a clear statement of the five-
        year average used as a basis for the request, the fiscal years 
        included in the average, a list of the obligations for each of 
        the five fiscal years, and all adjustments made to the gross 
        obligation total for each of the five fiscal years, including a 
        record of which catastrophic disasters are excluded from each 
        year's obligation total and the associated amount excluded; 
        inflation adjustments; and the amount and source of recoveries 
        applied against the obligation total: Provided further, That 
        the President shall submit an offset budget amendment from 
        within discretionary funds not later than three months prior to 
        the date that the Administrator of the Federal Emergency 
        Management Agency estimates that the total amount remaining 
        unallocated in ``Disaster Relief''' will reach $800,000,000, 
        and that the request shall account for all estimated funding 
        requirements for that fiscal year: Provided further, That for 
        any request for reimbursement from a Federal agency to the 
        Department of Homeland Security to cover expenditures under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.), or any mission assignment orders 
        issued by the Department for such purposes, the Secretary of 
        Homeland Security shall take appropriate steps to ensure that 
        each agency is periodically reminded of the Department policies 
        on--
                    (A) the detailed information required in supporting 
                documentation for reimbursements; and
                    (B) the necessity for timeliness of agency 
                billings.

            disaster assistance direct loan program account

    For activities under section 319 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $296,000 is for 
the cost of direct loans: Provided, That gross obligations for the 
principal amount of direct loans shall not exceed $25,000,000: Provided 
further, That the cost of modifying such loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).

             flood hazard mapping and risk analysis program

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $102,712,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 
available until expended: Provided, That total administrative costs 
shall not exceed three percent of the total amount appropriated under 
this heading.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $171,000,000, which shall remain available until 
September 30, 2013 and shall be derived from offsetting collections 
assessed and collected under section 1308(d) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4015(d)), which is available for 
salaries and expenses associated with flood mitigation and flood 
insurance operations; and flood plain management and flood mapping: 
Provided, That not to exceed $22,000,000 shall be available for 
salaries and expenses associated with flood mitigation and flood 
insurance operations: Provided further, That not less than $149,000,000 
shall be available for flood plain management and flood mapping: 
Provided further, That any additional fees collected pursuant to 
section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015(d)) shall be credited as an offsetting collection to this account, 
to be available for flood plain management and flood mapping: Provided 
further, That in fiscal year 2012, no funds shall be available from the 
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C. 
4017) in excess of: (1) $132,000,000 for operating expenses; (2) 
$1,007,571,000 for commissions and taxes of agents; (3) such sums as 
are necessary for interest on Treasury borrowings; and (4) $50,000,000, 
which shall remain available until expended for flood mitigation 
actions, of which $10,000,000 is for repetitive insurance claims 
properties under section 1323 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4030), and of which $40,000,000 is for flood mitigation 
assistance under section 1366 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c), notwithstanding subparagraphs (B) and (C) of 
subsection (b)(3) and subsection (f) of section 1366 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4104c), and notwithstanding 
subsection (a)(7) of section 1310 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4017): Provided further, That amounts collected 
under section 102 of the Flood Disaster Protection Act of 1973 and 
section 1366(i) of the National Flood Insurance Act of 1968 shall be 
deposited in the National Flood Insurance Fund to supplement other 
amounts specified as available for section 1366 of the National Flood 
Insurance Act of 1968, notwithstanding section 102(f)(8) of the Flood 
Disaster Protection Act of 1973, section 1366(i) of the National Flood 
Insurance Act of 1968, and paragraphs (2) and (3) of section 1366(5) of 
the National Flood Insurance Act of 1968: Provided further, That total 
administrative costs shall not exceed four percent of the total 
appropriation.

                  national predisaster mitigation fund

    For the predisaster mitigation grant program under section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133), $40,000,000, to remain available until expended: 
Provided, That the total administrative costs associated with such 
grants shall not exceed three percent of the total amount made 
available under this heading.

                       emergency food and shelter

    To carry out the emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $120,000,000, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$132,361,000 for immigration verification programs, including the E-
Verify Program, as authorized by section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), to assist United States employers with maintaining a legal 
workforce; and of which none of the funds may be used for grants for 
immigrant integration: Provided, That notwithstanding any other 
provision of law, funds available to United States Citizenship and 
Immigration Services may be used to acquire, operate, equip, and 
dispose of up to five vehicles, for replacement only, for areas where 
the Administrator of General Services does not provide vehicles for 
lease: Provided further, That the Director of United States Citizenship 
and Immigration Services may authorize employees who are assigned to 
those areas to use such vehicles to travel between the employees' 
residences and places of employment.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; the purchase of not to exceed 117 vehicles 
for police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $238,957,000, of which up to $48,978,000 shall 
remain available until September 30, 2013, for materials and support 
costs of Federal law enforcement basic training; of which $300,000 
shall remain available until expended to be distributed to Federal law 
enforcement agencies for expenses incurred participating in training 
accreditation; and of which not to exceed $12,000 shall be for official 
reception and representation expenses: Provided, That the Center is 
authorized to obligate funds in anticipation of reimbursements from 
agencies receiving training sponsored by the Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available at the end of the fiscal year: Provided 
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
note), as amended by Public Law 111-83 (123 Stat. 2166), is further 
amended by striking ``December 31, 2012'' and inserting ``December 31, 
2014'': Provided further, That the Director of the Federal Law 
Enforcement Training Center shall schedule basic or advanced law 
enforcement training, or both, at all four training facilities under 
the control of the Federal Law Enforcement Training Center to ensure 
that such training facilities are operated at the highest capacity 
throughout the fiscal year: Provided further, That the Federal Law 
Enforcement Training Accreditation Board, including representatives 
from the Federal law enforcement community and non-Federal 
accreditation experts involved in law enforcement training, shall lead 
the Federal law enforcement training accreditation process to continue 
the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $35,456,000, to remain available until September 30, 
2016: Provided, That the Center is authorized to accept reimbursement 
to this appropriation from government agencies requesting the 
construction of special use facilities.

                         SCIENCE AND TECHNOLOGY

                     Management and Administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of 
programs and activities, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $140,565,000: Provided, 
That not to exceed $10,000 shall be for official reception and 
representation expenses.

           Research, Development, Acquisition, and Operations

    For necessary expenses for science and technology research, 
including advanced research projects, development, test and evaluation, 
acquisition, and operations as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease 
of not to exceed five vehicles, $398,213,000, of which $196,713,000, to 
remain available until September 30, 2014; and of which $201,500,000, 
to remain available until September 30, 2016, solely for operation and 
construction of laboratory facilities.

                   DOMESTIC NUCLEAR DETECTION OFFICE

                     Management and Administration

    For salaries and expenses of the Domestic Nuclear Detection Office, 
as authorized by title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.), for management and administration of programs and 
activities, $40,000,000: Provided, That not to exceed $3,000 shall be 
for official reception and representation expenses.

                 Research, Development, and Operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $245,194,000, to 
remain available until September 30, 2014.

                          Systems Acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $52,000,000, to remain available 
until September 30, 2014: Provided, That none of the funds appropriated 
under this heading in this Act or any other Act shall be obligated for 
full-scale procurement of advanced spectroscopic portal monitors until 
the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
certifying that a significant increase in operational effectiveness 
will be achieved by such obligation: Provided further, That the 
Secretary shall submit separate and distinct certifications prior to 
the procurement of advanced spectroscopic portal monitors for primary 
and secondary deployment that address the unique requirements for 
operational effectiveness of each type of deployment: Provided further, 
That the Secretary shall continue to consult with the National Academy 
of Sciences before making such certifications: Provided further, That 
none of the funds appropriated under this heading shall be used for 
high-risk concurrent development and production of mutually dependent 
software and hardware.

                                TITLE V

                           GENERAL PROVISIONS

                    (including rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2012, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program, project, office, or activity; (2) eliminates a 
program, project, office, or activity; (3) increases funds for any 
program, project, or activity for which funds have been denied or 
restricted by the Congress; (4) proposes to use funds directed for a 
specific activity by either of the Committees on Appropriations of the 
Senate or the House of Representatives for a different purpose; or (5) 
contracts out any function or activity for which funding levels were 
requested for Federal full-time equivalents in the object 
classification tables contained in the fiscal year 2012 Budget Appendix 
for the Department of Homeland Security, as modified by the joint 
explanatory statement accompanying this Act, unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2012, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees or 
proceeds available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, projects, or 
activities through a reprogramming of funds in excess of $5,000,000 or 
10 percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or reduces the numbers of 
personnel by 10 percent as approved by the Congress; or (3) results 
from any general savings from a reduction in personnel that would 
result in a change in existing programs, projects, or activities as 
approved by the Congress, unless the Committees on Appropriations of 
the Senate and the House of Representatives are notified 15 days in 
advance of such reprogramming of funds.
    (c) Not to exceed five percent of any appropriation made available 
for the current fiscal year for the Department of Homeland Security by 
this Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
that imminently threaten the safety of human life or the protection of 
property.
    (e) The notification thresholds and procedures set forth in this 
section shall apply to any use of deobligated balances of funds 
provided in previous Department of Homeland Security Appropriations 
Acts.
    Sec. 504.  The Department of Homeland Security Working Capital 
Fund, established pursuant to section 403 of Public Law 103-356 (31 
U.S.C. 501 note), shall continue operations as a permanent working 
capital fund for fiscal year 2012: Provided, That none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security may be used to make payments to the Working Capital Fund, 
except for the activities and amounts allowed in the President's fiscal 
year 2012 budget: Provided further, That funds provided to the Working 
Capital Fund shall be available for obligation until expended to carry 
out the purposes of the Working Capital Fund: Provided further, That 
all departmental components shall be charged only for direct usage of 
each Working Capital Fund service: Provided further, That funds 
provided to the Working Capital Fund shall be used only for purposes 
consistent with the contributing component: Provided further, That the 
Working Capital Fund shall be paid in advance or reimbursed at rates 
which will return the full cost of each service: Provided further, That 
the Working Capital Fund shall be subject to the requirements of 
section 503 of this Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2012 from appropriations for salaries and expenses 
for fiscal year 2012 in this Act shall remain available through 
September 30, 2013, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2012 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2012.
    Sec. 507. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used to--
    (1) make or award a grant allocation, grant, contract, other 
transaction agreement, task or delivery order on a Department of 
Homeland Security multiple award contract, or to issue a letter of 
intent totaling in excess of $1,000,000;
    (2) award a task order requiring an obligation of funds in an 
amount greater than $25,000,000 from multi-year Department of Homeland 
Security funds or a task order that would cause cumulative obligations 
of multi-year funds in a single account to exceed 50 percent of the 
total amount appropriated; or
    (3) announce publicly the intention to make or award items under 
paragraphs (1) or (2), including a contract covered by the Federal 
Acquisition Regulation.
    (b) The Secretary of Homeland Security may waive the prohibition 
under subsection (a) if the Secretary notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
three full business days in advance of making an award or issuing a 
letter as described in that subsection.
    (c) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, 
then the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than five full 
business days after such an award is made or letter issued.
    (d) A notification under this section--
    (1) may not involve funds that are not available for obligation; 
and
    (2) shall include the amount of the award, the fiscal year for 
which the funds for the award were appropriated, and the account from 
which the funds are being drawn.
    (e) The Administrator of the Federal Emergency Management Agency 
shall brief the Committees on Appropriations of the Senate and the 
House of Representatives five full business days in advance of 
announcing publicly the intention of making an award under ``State and 
Local Programs''.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training that 
cannot be accommodated in existing Center facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 520, 522, and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 
121 Stat. 2042 et seq.) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.).
    Sec. 512.  None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under subsection 
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
142(a)) to alter, direct that changes be made to, delay, or prohibit 
the transmission to Congress of any report prepared under paragraph (6) 
of such subsection.
    Sec. 513.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided as of June 1, 2004, by 
employees (including employees serving on a temporary or term basis) of 
United States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 515.  Within 45 days after the end of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report for that month 
that includes total obligations, on-board versus funded full-time 
equivalent staffing levels, and the number of contract employees for 
each office of the Department.
    Sec. 516.  Except as provided in section 44945 of title 49, United 
States Code, funds appropriated for or transferred to ``Transportation 
Security Administration, Aviation Security'', ``Transportation Security 
Administration, Administration'', and ``Transportation Security 
Administration, Transportation Security Support'' for fiscal years 
2004, 2005, 2006, 2007, 2008, 2009, and 2010 that are recovered or 
deobligated shall be available only for the procurement or installation 
of explosives detection systems, air cargo, baggage, and checkpoint 
screening systems, subject to notification: Provided, That quarterly 
reports shall be submitted to the Committees on Appropriations of the 
Senate and the House of Representatives on any funds that are so 
recovered or deobligated.
    Sec. 517.  Any funds appropriated to ``Coast Guard, Acquisition, 
Construction, and Improvements'' for fiscal years 2002, 2003, 2004, 
2005, and 2006 for the 110-123 foot patrol boat conversion that are 
recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Fast Response Cutter program.
    Sec. 518.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2010'' and inserting ``2012''.
    Sec. 519.  The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 520. (a) Except as provided in subsection (b), none of the 
funds appropriated in this or any other Act to the Office of the 
Secretary and Executive Management, the Office of the Under Secretary 
for Management, or the Office of the Chief Financial Officer, may be 
obligated for a grant or contract funded under such headings by any 
means other than full and open competition.
    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
            (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a mandated 
        preferential program, including the AbilityOne Program, that is 
        authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
        seq.);
            (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
        seq.);
            (3) in an amount less than the simplified acquisition 
        threshold described under section 302A(a) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        252a(a)); or
            (4) by another Federal agency using funds provided through 
        an interagency agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland Security 
may waive the application of this section for the award of a contract 
in the interest of national security or if failure to do so would pose 
a substantial risk to human health or welfare.
    (2) Not later than five days after the date on which the Secretary 
of Homeland Security issues a waiver under this subsection, the 
Secretary shall submit notification of that waiver to the Committees on 
Appropriations of the Senate and the House of Representatives, 
including a description of the applicable contract to which the waiver 
applies and an explanation of why the waiver authority was used: 
Provided, That the Secretary may not delegate the authority to grant 
such a waiver.
    (d) In addition to the requirements established by subsections (a), 
(b), and (c) of this section, the Inspector General of the Department 
of Homeland Security shall review departmental contracts awarded 
through means other than a full and open competition to assess 
departmental compliance with applicable laws and regulations: Provided, 
That the Inspector General shall review selected contracts awarded in 
the previous fiscal year through means other than a full and open 
competition: Provided further, That in selecting which contracts to 
review, the Inspector General shall consider the cost and complexity of 
the goods and services to be provided under the contract, the 
criticality of the contract to fulfilling Department missions, past 
performance problems on similar contracts or by the selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the Inspector General deems relevant: 
Provided further, That the Inspector General shall report the results 
of the reviews to the Committees on Appropriations of the Senate and 
the House of Representatives no later than February 6, 2012.
    Sec. 521.  None of the funds provided in this Act or any previous 
appropriations Acts shall be used to fund any position designated as a 
Principal Federal Official, or successor position, for any event that 
is declared a major disaster or emergency under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. et seq.).
    Sec. 522.  None of the funds made available in this or any other 
Act may be used to enforce section 4025(1) of the Intelligence Reform 
and Terrorism Prevention Act (Public Law 108-458; 118 Stat. 3724) 
unless the Assistant Secretary of Homeland Security (Transportation 
Security Administration) reverses the determination of July 19, 2007, 
that butane lighters are not a significant threat to civil aviation 
security.
    Sec. 523.  None of the funds made available in this Act may be used 
to carry out section 872 of the Homeland Security Act of 2002 (6 U.S.C. 
452).
    Sec. 524.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 525.  None of the funds made available in this or any other 
Act for fiscal year 2012 and hereafter may be used to destroy or put 
out to pasture any horse or other equine belonging to any component or 
agency of the Department of Homeland Security that has become unfit for 
service, unless the trainer or handler is first given the option to 
take possession of the equine through an adoption program that has 
safeguards against slaughter and inhumane treatment.
    Sec. 526.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2011,'' and inserting ``Until September 30, 2012,''; and
            (2) in subsection (d)(1), by striking ``September 30, 
        2011,'' and inserting ``September 30, 2012,''.
    Sec. 527.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 528.  None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the E-Verify Program established under section 403(a) 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note).
    Sec. 529.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act: Provided, That this section shall 
apply only to individuals transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day supply: 
Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 530.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under subsection (g)(4)(B) of 
title 31, United States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security: Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives approve 
the proposed transfers.
    Sec. 531.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 532.  If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an airport 
does not need to participate in the E-Verify Program established under 
section 403(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note), the Assistant 
Secretary shall certify to the Committees on Appropriations of the 
Senate and the House of Representatives that no security risks will 
result from such non-participation.
    Sec. 533. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date on 
which the President determines whether to declare a major disaster 
because of an event and any appeal is completed, the Administrator 
shall submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Homeland Security of the House 
of Representatives, the Committee on Transportation and Infrastructure 
of the House of Representatives, and the Committees on Appropriations 
of the Senate and the House of Representatives, and publish on the 
website of the Federal Emergency Management Agency, a report regarding 
that decision, which shall summarize damage assessment information used 
to determine whether to declare a major disaster.
    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 534. (a) Notwithstanding any other provision of law during 
fiscal year 2012 or any subsequent fiscal year, if the Secretary of 
Homeland Security determines that the National Bio- and Agro-defense 
Facility be located at a site other than Plum Island, New York, the 
Secretary shall ensure that the Administrator of General Services sells 
through public sale all real and related personal property and 
transportation assets that support Plum Island operations, subject to 
such terms and conditions as may be necessary to protect Government 
interests and meet program requirements.
    (b) The proceeds of any sale described in subsection (a) shall be 
deposited as offsetting collections into the Department of Homeland 
Security ``Science and Technology, Research, Development, Acquisition, 
and Operations'' account and, subject to appropriation, shall be 
available until expended, for site acquisition, construction, and costs 
related to the construction of the National Bio- and Agro-defense 
Facility, including the costs associated with the sale, including due 
diligence requirements, necessary environmental remediation at Plum 
Island, and reimbursement of expenses incurred by the General Services 
Administration.
    Sec. 535.  Any official that is required by this Act to report or 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives may not delegate such authority to perform that act 
unless specifically authorized herein.
    Sec. 536.  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is 
further amended by striking ``2011'' and inserting ``2012''.
    Sec. 537.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions, including detaining, accepting custody of, 
or extending immigration benefits to, Khalid Sheikh Mohammed or any 
other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 538.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301.10-124 of title 41, 
Code of Federal Regulations.
    Sec. 539.  None of the funds made available in this Act may be used 
to propose or effect a disciplinary or adverse action, with respect to 
any Department of Homeland Security employee who engages regularly with 
the public in the performance of his or her official duties solely 
because that employee elects to utilize protective equipment or 
measures, including but not limited to surgical masks, N95 respirators, 
gloves, or hand-sanitizers, where use of such equipment or measures is 
in accord with Department of Homeland Security policy, and Centers for 
Disease Control and Prevention and Office of Personnel Management 
guidance.
    Sec. 540.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 541. (a) Any company that collects or retains personal 
information directly from any individual who participates in the 
Registered Traveler program of the Transportation Security 
Administration shall safeguard and dispose of such information in 
accordance with the requirements in--
            (1) the National Institute for Standards and Technology 
        Special Publication 800-30, entitled ``Risk Management Guide 
        for Information Technology Systems'';
            (2) the National Institute for Standards and Technology 
        Special Publication 800-53, Revision 3, entitled ``Recommended 
        Security Controls for Federal Information Systems and 
        Organizations''; and
            (3) any supplemental standards established by the Assistant 
        Secretary of Homeland Security (Transportation Security 
        Administration) (referred to in this section as the ``Assistant 
        Secretary'').
    (b) The airport authority or air carrier operator that sponsors the 
company under the Registered Traveler program shall be known as the 
Sponsoring Entity.
    (c) The Assistant Secretary shall require any company covered by 
subsection (a) to provide, not later than 30 days after the date of 
enactment of this Act, to the Sponsoring Entity written certification 
that the procedures used by the company to safeguard and dispose of 
information are in compliance with the requirements under subsection 
(a). Such certification shall include a description of the procedures 
used by the company to comply with such requirements.
    (d) Not later than 90 days after the date of enactment of this Act, 
the Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
that includes a description of--
            (1) the procedures that have been used to safeguard and 
        dispose of personal information collected through the 
        Registered Traveler program; and
            (2) the status of any certifications required to be 
        submitted by subsection (c).
    Sec. 542.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 543. (a) Not later than 180 days after the date of enactment 
of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives, a 
report that either--
            (1) certifies that the requirement for screening all air 
        cargo on passenger aircraft by the deadline under section 
        44901(g) of title 49, United States Code, has been met; or
            (2) includes a strategy to comply with the requirements 
        under title 44901(g) of title 49, United States Code, 
        including--
                    (A) a plan to meet the requirement under section 
                44901(g) of title 49, United States Code, to screen 100 
                percent of air cargo transported on passenger aircraft 
                arriving in the United States in foreign air 
                transportation (as that term is defined in section 
                40102 of that title); and
                    (B) specification of--
                            (i) the percentage of such air cargo that 
                        is being screened; and
                            (ii) the schedule for achieving screening 
                        of 100 percent of such air cargo.
    (b) The Assistant Secretary shall continue to submit reports 
described in subsection (a)(2) every 180 days thereafter until the 
Assistant Secretary certifies that the Transportation Security 
Administration has achieved screening of 100 percent of such air cargo.
    Sec. 544.  In developing any process to screen aviation passengers 
and crews for transportation or national security purposes, the 
Secretary of Homeland Security shall ensure that all such processes 
take into consideration such passengers' and crews' privacy and civil 
liberties consistent with applicable laws, regulations, and guidance.
    Sec. 545.  Sections 1309(a) and 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each be 
amended by striking ``September 30, 2011'' and inserting ``September 
30, 2012''.
    Sec. 546. (a) Notwithstanding section 1356(n) of title 8, United 
States Code, of the funds deposited into the Immigration Examinations 
Fee Account, $8,500,000 is available to United States Citizenship and 
Immigration Services in fiscal year 2012 for the purpose of providing 
an immigrant integration grants program.
    (b) None of the funds made available to United States Citizenship 
and Immigration Service for grants for immigrant integration may be 
used to provide services to aliens who have not been lawfully admitted 
for permanent residence.
    Sec. 547. (a) The Secretary of Homeland Security may transfer to 
the Secretary of the Interior amounts available for environmental 
mitigation requirements for ``U.S. Customs and Border Protection, 
Border Security Fencing, Infrastructure, and Technology'' for fiscal 
years 2009, 2010, 2011, and 2012, for use by the Secretary of the 
Interior under laws administered by such Secretary to mitigate adverse 
environmental impacts, resulting directly from construction, operation, 
and maintenance activities by the Department of Homeland Security 
related to border security.
    (b) Uses of funds authorized by this section include minimal, 
necessary acquisition of land or interests in land that will, in the 
judgment of the Secretary of the Interior, mitigate or offset such 
adverse impacts.
    (c) Any funds transferred under this section shall be used in 
accordance with a written agreement between the Secretaries.
    (d) The Secretary of the Interior, in consultation with the 
Secretary of Homeland Security, shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, by not 
later than 15 days before any proposed transfer under this section, an 
expenditure plan that describes in detail the actions proposed to be 
taken with amounts transferred under this section.
    (e) Concurrent with submittal of the expenditure plan, the 
Secretary of Homeland Security shall submit a certification that the 
actions outlined in the expenditure plan cannot be legally executed 
under the authorities of U.S. Customs and Border Protection or any 
other component of the Department of Homeland Security and are 
determined to be necessary for mitigation of construction, operation, 
and maintenance activities related to border security.
    Sec. 548.  Of the funds transferred to the Department of Homeland 
Security when it was created in 2003, the following funds are hereby 
rescinded from the following accounts and programs in the specified 
amounts:
            (1) $20,997,225 from ``U.S. Immigration and Customs 
        Enforcement, Salaries and Expenses''; and
            (2) $594,945 from ``Violent Crime Reduction Programs''.
    Sec. 549.  Of the following unobligated balances available for 
``Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Construction'', $11,300,000 is rescinded.

                                TITLE VI

           EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER RELIEF

              (including rescission and transfer of funds)

    Sec. 601.  Effective on the date of the enactment of this Act, of 
the unobligated balances remaining available to the Department of 
Energy pursuant to section 129 of the Continuing Appropriations 
Resolution, 2009 (division A of Public Law 110-329), $500,000,000 is 
rescinded and $1,000,000,000 is hereby transferred to and merged with 
``Department of Homeland Security--Federal Emergency Management 
Agency--Disaster Relief'': Provided, That the amount transferred by 
this section is designated as an emergency pursuant to section 3(c)(1) 
of H. Res. 5 (112th Congress).

                               TITLE VII

                       SPENDING REDUCTION ACCOUNT

    Sec. 701.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
     This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2012''.
                                                  Union Calendar No. 50

112th CONGRESS

  1st Session

                               H. R. 2017

                          [Report No. 112-91]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                              May 26, 2011

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```