IB 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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


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1 TITLE I 

2 DEPARTMENTAL MANAGEMENT AND 

3 OPERATIONS 

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 For necessary expenses of the Office of the Secretary 

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

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

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

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

13 available to the Office of Policy for Visa Waiver Program 

14 negotiations in Washington, DC, and for other inter15 national activities: Provided further, That consistent with 

16 the requirements specified within Presidential Policy Di17 rective-8, dated March 30, 2011, the Secretary shall sub18 mit to the Committees on Appropriations of the Senate 

19 and the House of Representatives not later than October 

20 15, 2011, the National Preparedness Goal and not later 

21 than January 15, 2012, the National Preparedness Sys22 tem: Provided further, That of the amount made available 

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

24 until the Committees on Appropriations of the Senate and 

25 the House of Representatives receive (1) the National PreVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 paredness Goal and the National Preparedness System 

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

3 Secretary’s determination on implementation of biometric 

4 air exit. 

5 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

6 For necessary expenses of the Office of the Under 

7 Secretary for Management, as authorized by sections 701 

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

9 U.S.C. 341 through 345), $234,940,000, of which not to 

10 exceed $3,000 shall be for official reception and represen11 tation expenses: Provided, That of the total amount made 

12 available under this heading, $5,000,000 shall remain 

13 available until September 30, 2016, solely for the alter14 ation and improvement of facilities, tenant improvements, 

15 and relocation costs to consolidate Department head16 quarters operations at the Nebraska Avenue Complex; and 

17 $16,686,000 shall remain available until September 30, 

18 2014, for the Human Resources Information Technology 

19 program. 

20 OFFICE OF THE CHIEF FINANCIAL OFFICER

21 For necessary expenses of the Office of the Chief Fi22 nancial Officer, as authorized by section 103 of the Home23 land Security Act of 2002 (6 U.S.C. 113), $50,860,000. 


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1 OFFICE OF THE CHIEF INFORMATION OFFICER

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

4 Homeland Security Act of 2002 (6 U.S.C. 113), and De5 partment-wide technology investments, $261,300,000, of 

6 which $105,500,000 shall be available for salaries and ex7 penses; and of which $155,800,000, to remain available 

8 until September 30, 2014, shall be available for develop9 ment and acquisition of information technology equip10 ment, software, services, and related activities for the De11 partment of Homeland Security: Provided, That the Chief 

12 Information Officer shall submit to the Committees on Ap13 propriations of the Senate and the House of Representa14 tives, not later than 60 days after the date of enactment 

15 of this Act, an expenditure plan for all information tech16 nology acquisition projects that are funded under this 

17 heading or are funded by multiple components of the De18 partment of Homeland Security through reimbursable 

19 agreements: Provided further, That such expenditure plan 

20 shall include, for each project funded, the name of the 

21 project, its key milestones, all funding sources, detailed 

22 annual and lifecycle costs, and projected cost savings or 

23 cost avoidance to be achieved: Provided further, That the 

24 Secretary of Homeland Security shall submit to the Com25 mittees on Appropriations of the Senate and the House 


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1 of Representatives, at the time that the President’s budget 

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

3 United States Code, a multi-year investment and manage4 ment plan for all information technology acquisition 

5 projects that includes— 

6 (1) the proposed appropriations included for 

7 each project and activity tied to mission require8 ments, program management capabilities, perform9 ance levels, and specific capabilities and services to 

10 be delivered; 

11 (2) the total estimated cost and projected 

12 timeline of completion for all multi-year enhance13 ments, modernizations, and new capabilities that are 

14 proposed in such budget or underway; 

15 (3) a detailed accounting of operations and 

16 maintenance and contractor services costs; and 

17 (4) a current acquisition program baseline for 

18 each project, that— 

19 (A) notes and explains any deviations in 

20 cost, performance parameters, schedule, or esti21 mated date of completion from the original ac22 quisition program baseline; 

23 (B) aligns the acquisition programs cov24 ered by the baseline to mission requirements by 

25 defining existing capabilities, identifying known 


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1 capability gaps between such existing capabili2 ties and stated mission requirements, and ex3 plaining how each increment will address such 

4 known capability gaps; and 

5 (C) defines life-cycle costs for such pro6 grams. 

7 ANALYSIS AND OPERATIONS

8 For necessary expenses for intelligence analysis and 

9 operations coordination activities, as authorized by title II 

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

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

12 be for official reception and representation expenses; and 

13 of which $58,757,000 shall remain available until Sep14 tember 30, 2013. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

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

19 which not to exceed $300,000 may be used for certain con20 fidential operational expenses, including the payment of 

21 informants, to be expended at the direction of the Inspec22 tor General. 


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1 TITLE II 

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 U.S. CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

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

8 inspections and regulatory activities related to plant and 

9 animal imports, and transportation of unaccompanied 

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

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

12 with individuals for personal services abroad; 

13 $8,769,518,000, of which $3,274,000 shall be derived 

14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to section 9505(c)(3) of the Internal 

17 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not18 withstanding section 1511(e)(1) of the Homeland Security 

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

20 $45,000 shall be for official reception and representation 

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

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

23 become available in the Customs User Fee Account, except 

24 sums subject to section 13031(f)(3) of the Consolidated 

25 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 


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1 58c(f)(3)), shall be derived from that account; of which 

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

3 rental space in connection with preclearance operations; 

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

5 of compensation to informants, to be accounted for solely 

6 under the certificate of the Secretary of Homeland Secu7 rity: Provided, That for fiscal year 2012, the overtime lim8 itation prescribed in section 5(c)(1) of the Act of February 

9 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not10 withstanding any other provision of law, none of the funds 

11 appropriated by this Act may be available to compensate 

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

13 overtime, from whatever source, in an amount that ex14 ceeds such limitation, except in individual cases deter15 mined by the Secretary of Homeland Security, or the des16 ignee of the Secretary, to be necessary for national secu17 rity purposes, to prevent excessive costs, or in cases of 

18 immigration emergencies: Provided further, That the Sec19 retary of Homeland Security shall submit to the Commit20 tees on Appropriations of the Senate and the House of 

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

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

23 United States Code, a multi-year investment and manage24 ment plan for Inspection and Detection Technology that 

25 identifies for each technology— 


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1 (1) the inventory of Inspection and Detection 

2 Technology by location and date of deployment; 

3 (2) the proposed appropriations included in the 

4 budget subdivided by the proposed appropriations 

5 for procurement, including quantity, deployment, 

6 and operations and maintenance; 

7 (3) projected funding levels for procurement in 

8 quantity, deployment, and operations and mainte9 nance for each of the next three fiscal years; and 

10 (4) a current acquisition program baseline 

11 that— 

12 (A) aligns the acquisition of each tech13 nology to mission requirements by defining ex14 isting capabilities of comparable legacy tech15 nology assets, identifying known capability gaps 

16 between such existing capabilities and stated 

17 mission requirements, and explaining how the 

18 acquisition of each technology will address such 

19 known capability gaps; 

20 (B) defines life-cycle costs for each tech21 nology, including all associated costs of major 

22 acquisitions systems infrastructure and transi23 tion to operations, delineated by purpose and 

24 fiscal year for the projected service life of the 

25 technology; and 


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1 (C) includes a phase-out and decommis2 sioning schedule delineated by fiscal year for ex3 isting legacy technology assets that each tech4 nology is intended to replace or recapitalize. 

5 AUTOMATION MODERNIZATION

6 For expenses for U.S. Customs and Border Protec7 tion automated systems, $334,275,000, to remain avail8 able until September 30, 2014, of which not less than 

9 $140,000,000 shall be for the development of the Auto10 mated Commercial Environment: Provided, That the Com11 missioner of U.S. Customs and Border Protection shall 

12 submit to the Committees on Appropriations of the Senate 

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

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

15 plan for the Automated Commercial Environment pro16 gram including results to date, plans for the program, and 

17 a list of projects with associated funding from prior appro18 priations and provided by this Act: Provided further, That 

19 the Secretary of Homeland Security shall submit to the 

20 Committees on Appropriations of the Senate and the 

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

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

23 title 31, United States Code, a multi-year investment and 

24 management plan for the funds made available under this 

25 heading that includes— 


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1 (1) the proposed appropriations included for 

2 each project and activity tied to mission require3 ments, program management capabilities, perform4 ance levels, and specific capabilities and services to 

5 be delivered; 

6 (2) the total estimated cost and projected 

7 timeline of completion for all multi-year enhance8 ments, modernizations, and new capabilities pro9 posed in such budget or underway; 

10 (3) a detailed accounting of operations and 

11 maintenance and contractor services costs; and 

12 (4) current acquisition program baselines for 

13 the Automated Commercial Environment and TECS 

14 Modernization respectively, that— 

15 (A) note and explain any deviations in 

16 cost, performance parameters, schedule, or esti17 mated date of completion from the original ac18 quisition program baseline; 

19 (B) align these acquisition programs to 

20 mission requirements by defining existing capa21 bilities, identifying known capability gaps be22 tween such existing capabilities and stated mis23 sion requirements, and explaining how each in24 crement will address such known capability 

25 gaps; and 


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1 (C) define life-cycle costs for these pro2 grams. 

3 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

4 TECHNOLOGY

5 For expenses for border security fencing, infrastruc6 ture, and technology, $500,000,000, to remain available 

7 until September 30, 2014: Provided, That of the total 

8 amount made available under this heading, $150,000,000 

9 shall not be obligated until the Committees on Appropria10 tions of the Senate and the House of Representatives re11 ceive a detailed expenditure plan prepared by the Sec12 retary of Homeland Security, and submitted not later than 

13 90 days after the date of enactment of this Act, for a pro14 gram to establish and maintain a security barrier along 

15 the borders of the United States, of fencing and vehicle 

16 barriers where practicable, and of other forms of fencing, 

17 tactical infrastructure, and technology: Provided further, 

18 That the Secretary of Homeland Security shall submit to 

19 the Committees on Appropriations of the Senate and the 

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

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

22 title 31, United States Code, a multi-year investment and 

23 management plan for the Border Security Fencing, Infra24 structure, and Technology account, that includes for each 

25 tactical infrastructure and technology deployment— 


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1 (1) the funding level in that budget and pro2 jected funding levels for each of the next three fiscal 

3 years, including a description of the purpose of such 

4 funding levels; 

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

6 that aligns each deployment to mission requirements 

7 by defining existing capabilities, identifying known 

8 capability gaps between such existing capabilities 

9 and stated mission requirements related to achieving 

10 operational control, and explaining how each tactical 

11 infrastructure or technology deployment will address 

12 such known capability gaps; and 

13 (3) a current acquisition program baseline 

14 that— 

15 (A) notes and explains any deviations in 

16 cost, performance parameters, schedule, or esti17 mated date of completion from the most recent 

18 acquisition program baseline approved by the 

19 Department of Homeland Security Acquisition 

20 Review Board; 

21 (B) includes a phase-out and life-cycle re22 capitalization schedule delineated by fiscal year 

23 for existing and new tactical infrastructure and 

24 technology deployments that each deployment is 

25 intended to replace or recapitalize; and 


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1 (C) includes qualitative performance 

2 metrics that assess the effectiveness of new and 

3 existing tactical infrastructure and technology 

4 deployments and inform the next multi-year in5 vestment and management plan related to 

6 achieving operational control of the Northern 

7 and Southwest borders of the United States. 

8 AIR AND MARINE INTERDICTION, OPERATIONS, 

9 MAINTENANCE, AND PROCUREMENT

10 For necessary expenses for the operations, mainte11 nance, and procurement of marine vessels, aircraft, un12 manned aircraft systems, and other related equipment of 

13 the air and marine program, including operational train14 ing and mission-related travel, the operations of which in15 clude the following: the interdiction of narcotics and other 

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

17 agencies in the enforcement or administration of laws en18 forced by the Department of Homeland Security; and at 

19 the discretion of the Secretary of Homeland Security, the 

20 provision of assistance to Federal, State, and local agen21 cies in other law enforcement and emergency humani22 tarian efforts, $499,966,000, to remain available until 

23 September 30, 2014: Provided, That no aircraft or other 

24 related equipment, with the exception of aircraft that are 

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


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1 Customs and Border Protection requirements and aircraft 

2 that have been damaged beyond repair, shall be trans3 ferred to any other Federal agency, department, or office 

4 outside of the Department of Homeland Security during 

5 fiscal year 2012 without the prior approval of the Commit6 tees on Appropriations of the Senate and the House of 

7 Representatives: Provided further, That the Secretary of 

8 Homeland Security shall report to the Committees on Ap9 propriations of the Senate and the House of Representa10 tives, not later than 90 days after the date of enactment 

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

12 for the air and marine program directed in conference re13 port 109–241 accompanying Public Law 109–90 that ad14 dresses missions, structure, operations, equipment, facili15 ties, and resources including deployment and command 

16 and control requirements, and includes a recapitalization 

17 plan with milestones and funding, and a detailed staffing 

18 plan with associated costs to achieve full staffing to meet 

19 all mission requirements. 

20 CONSTRUCTION AND FACILITIES MANAGEMENT

21 For necessary expenses to plan, acquire, construct, 

22 renovate, equip, furnish, operate, manage, oversee, admin23 ister, and maintain buildings and facilities and to provide 

24 facilities solutions and related infrastructure along with 

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1 tration and enforcement of the laws relating to customs, 

2 immigration, and border security, $234,096,000, to re3 main available until September 30, 2016: Provided, That 

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

5 shall submit an expenditure plan to the Committees on 

6 Appropriations of the Senate and the House of Represent7 atives not later than 60 days after the date of enactment 

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

9 Provided further, That the Secretary of Homeland Secu10 rity shall submit to the Committees on Appropriations of 

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

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

13 section 1105(a) of title 31, United States Code, an inven14 tory of the real property of the U.S. Customs and Border 

15 Protection and a plan for each activity and project pro16 posed for funding under this heading that includes the full 

17 cost by fiscal year of each activity and project proposed 

18 and underway in fiscal year 2013. 

19 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

20 SALARIES AND EXPENSES

21 For necessary expenses for enforcement of immigra22 tion and customs laws, detention and removals, and inves23 tigations; and purchase and lease of up to 3,790 (2,350 

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

25 of which not to exceed $7,500,000 shall be available until 


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1 expended for conducting special operations under section 

2 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 

3 2081); of which not to exceed $15,000 shall be for official 

4 reception and representation expenses; of which not to ex5 ceed $2,000,000 shall be for awards of compensation to 

6 informants, to be accounted for solely under the certificate 

7 of the Secretary of Homeland Security; of which not less 

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

9 of the child pornography tipline and activities to counter 

10 child exploitation; of which not less than $5,400,000 shall 

11 be used to facilitate agreements consistent with section 

12 287(g) of the Immigration and Nationality Act (8 U.S.C. 

13 1357(g)); and of which not to exceed $11,216,000 shall 

14 be available to fund or reimburse other Federal agencies 

15 for the costs associated with the care, maintenance, and 

16 repatriation of smuggled aliens unlawfully present in the 

17 United States: Provided, That none of the funds made 

18 available under this heading shall be available to com19 pensate any employee for overtime in an annual amount 

20 in excess of $35,000, except that the Secretary, or the des21 ignee of the Secretary, may waive that amount as nec22 essary for national security purposes and in cases of immi23 gration emergencies: Provided further, That of the total 

24 amount provided, $15,770,000 shall be for activities to en25 force laws against forced child labor, of which not to exVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 ceed $6,000,000 shall remain available until expended: 

2 Provided further, That of the total amount available, not 

3 less than $1,600,000,000 shall be available to identify 

4 aliens convicted of a crime who may be deportable and 

5 aliens who may pose a serious risk to public safety or na6 tional security who may be deportable, and to remove 

7 them from the United States once they are judged deport8 able, of which $194,064,000 shall remain available until 

9 September 30, 2013: Provided further, That the Assistant 

10 Secretary of Homeland Security for U.S. Immigration and 

11 Customs Enforcement shall report to the Committees on 

12 Appropriations of the Senate and the House of Represent13 atives, not later than 45 days after the end of each quarter 

14 of the fiscal year, on progress in implementing the pre15 ceding proviso and the funds obligated during that quarter 

16 to make such progress: Provided further, That the Sec17 retary shall prioritize the identification and removal of 

18 aliens convicted of a crime by the severity of that crime: 

19 Provided further, That the funding made available under 

20 this heading shall maintain a level of not less than 34,000 

21 detention beds through September 30, 2012: Provided fur22 ther, That of the total amount provided, not less than 

23 $2,750,843,000 is for detention and removal operations, 

24 including transportation of unaccompanied minor aliens: 

25 Provided further, That of the total amount provided, 


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1 $10,300,000 shall remain available until September 30, 

2 2013, for the Visa Security Program: Provided further, 

3 That none of the funds provided under this heading may 

4 be used to continue a delegation of law enforcement au5 thority authorized under section 287(g) of the Immigra6 tion and Nationality Act (8 U.S.C. 1357(g)) if the Depart7 ment of Homeland Security Inspector General determines 

8 that the terms of the agreement governing the delegation 

9 of authority have been violated: Provided further, That 

10 none of the funds provided under this heading may be 

11 used to continue any contract for the provision of deten12 tion services if the two most recent overall performance 

13 evaluations received by the contracted facility are less than 

14 ‘‘adequate’’ or the equivalent median score in any subse15 quent performance evaluation system: Provided further, 

16 That nothing under this heading shall prevent U.S. Immi17 gration and Customs Enforcement from exercising those 

18 authorities provided under immigration laws (as defined 

19 in section 101(a)(17) of the Immigration and Nationality 

20 Act (8 U.S.C. 1101(a)(17))) during priority operations 

21 pertaining to aliens convicted of a crime. 

22 AUTOMATION MODERNIZATION

23 For expenses of immigration and customs enforce24 ment automated systems, $23,860,000, to remain avail25 able until September 30, 2016: Provided, That the SecVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 retary of Homeland Security shall submit to the Commit2 tees on Appropriations of the Senate and the House of 

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

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

5 United States Code, a multi-year investment and manage6 ment plan for funds made available under this heading 

7 that includes— 

8 (1) the proposed appropriations included for 

9 each project and activity tied to mission require10 ments and outcomes, program management capabili11 ties, performance levels, and specific capabilities and 

12 services to be delivered; 

13 (2) the total estimated cost and projected 

14 timeline of completion for all multi-year enhance15 ments, modernizations, and new capabilities pro16 posed in such budget or underway; 

17 (3) a detailed accounting of operations and 

18 maintenance and contractor services costs; and 

19 (4) current acquisition program baselines for 

20 Atlas and TECS Modernization respectively, that— 

21 (A) note and explain any deviations in 

22 cost, performance parameters, schedule, or esti23 mated date of completion from the original ac24 quisition program baseline; 


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1 (B) align these acquisition programs to 

2 mission requirements by defining existing capa3 bilities, identifying known capability gaps be4 tween such existing capabilities and stated mis5 sion requirements, and explaining how each in6 crement will address such known capability 

7 gaps; and 

8 (C) define life-cycle costs for these pro9 grams. 

10 TRANSPORTATION SECURITY ADMINISTRATION

11 AVIATION SECURITY

12 For necessary expenses of the Transportation Secu13 rity Administration related to providing civil aviation secu14 rity services pursuant to the Aviation and Transportation 

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

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

17 $1,692,000,000 shall be available until September 30, 

18 2013, and of which not to exceed $10,000 shall be for 

19 official reception and representation expenses: Provided, 

20 That of the total amount made available under this head21 ing, not to exceed $4,155,813,000 shall be for screening 

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

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

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

25 shall be for aviation security direction and enforcement: 


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1 Provided further, That of the amount made available in 

2 the preceding proviso for explosives detection systems, 

3 $222,738,000 shall be available for the purchase and in4 stallation of such systems, of which not less than 10 per5 cent shall be available for the purchase and installation 

6 of certified explosives detection systems at medium- and 

7 small-sized airports: Provided further, That notwith8 standing section 44923 of title 49, United States Code, 

9 for fiscal year 2012 any funds in the Aviation Security 

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

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

12 installation of explosives detection systems or for the 

13 issuance of other transaction agreements for the purpose 

14 of funding projects described in section 44923(a): Pro15 vided further, That none of the funds made available in 

16 this Act may be used for any recruiting or hiring of per17 sonnel into the Transportation Security Administration 

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

19 46,000 full-time equivalent screeners: Provided further, 

20 That the preceding proviso shall not apply to personnel 

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

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

23 the Secretary of Homeland Security shall submit to the 

24 Committees on Appropriations of the Senate and the 

25 House of Representatives a detailed report on— 


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1 (1) the Department of Homeland Security ef2 forts and resources being devoted to develop more 

3 advanced integrated passenger screening tech4 nologies for the most effective security of passengers 

5 and baggage at the lowest possible operating and ac6 quisition costs; 

7 (2) how the Transportation Security Adminis8 tration is deploying its existing passenger and bag9 gage screener workforce in the most cost effective 

10 manner; and 

11 (3) labor savings from the deployment of im12 proved technologies for passenger and baggage 

13 screening and how those savings are being used to 

14 offset security costs or reinvested to address security 

15 vulnerabilities: 

16 Provided further, That any award to deploy explosives de17 tection systems shall be based on risk, the airport’s cur18 rent reliance on other screening solutions, lobby conges19 tion resulting in increased security concerns, high injury 

20 rates, airport readiness, and increased cost effectiveness: 

21 Provided further, That security service fees authorized 

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

23 be credited to this appropriation as offsetting collections 

24 and shall be available only for aviation security: Provided 

25 further, That the sum appropriated under this heading 


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1 from the general fund shall be reduced on a dollar-for2 dollar basis as such offsetting collections are received in 

3 fiscal year 2012, so as to result in a final fiscal year appro4 priation under this heading from the general fund of not 

5 more than $3,194,556,000: Provided further, That any se6 curity service fees collected in excess of the amount made 

7 available under this heading shall be available for fiscal 

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

9 of Representatives and the Senate, including the leader10 ship; the heads of Federal agencies and commissions, in11 cluding the Secretary, Deputy Secretary, Under Secre12 taries, and Assistant Secretaries of the Department of 

13 Homeland Security; the Attorney General, Deputy Attor14 ney General, Assistant Attorneys General, and United 

15 States Attorneys; and senior members of the Executive 

16 Office of the President, including the Director of the Of17 fice of Management and Budget shall not be exempt from 

18 Federal passenger and baggage screening. 

19

20 SURFACE TRANSPORTATION SECURITY

21 For necessary expenses of the Transportation Secu22 rity Administration related to surface transportation secu23 rity activities, $129,748,000, to remain available until 

24 September 30, 2013. 


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1 TRANSPORTATION THREAT ASSESSMENT AND

2 CREDENTIALING

3 For necessary expenses for the development and im4 plementation of screening programs of the Office of 

5 Transportation Threat Assessment and Credentialing, 

6 $183,954,000, to remain available until September 30, 

7 2013. 

8 TRANSPORTATION SECURITY SUPPORT

9 For necessary expenses of the Transportation Secu10 rity Administration related to providing transportation se11 curity support and intelligence pursuant to the Aviation 

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

13 115 Stat. 597; 49 U.S.C. 40101 note), $1,032,790,000, 

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

15 That the Secretary of Homeland Security shall submit to 

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives detailed expenditure plans for 

18 air cargo security, checkpoint support, and explosives de19 tection systems procurement, refurbishment, and installa20 tion on an airport-by-airport basis for fiscal year 2013: 

21 Provided further, That these plans shall be submitted not 

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

23 FEDERAL AIR MARSHALS

24 For necessary expenses of the Federal Air Marshals, 

25 $961,375,000. 


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1 COAST GUARD

2 OPERATING EXPENSES

3 For necessary expenses for the operation and mainte4 nance of the Coast Guard, not otherwise provided for, pur5 chase or lease of not to exceed 25 passenger motor vehi6 cles, which shall be for replacement only; purchase or lease 

7 of small boats for contingent and emergent requirements 

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

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

10 $28,000,000; purchase or lease of boats necessary for 

11 overseas deployments and activities; minor shore construc12 tion projects not exceeding $1,000,000 in total cost at any 

13 location; payments pursuant to section 156 of Public Law 

14 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recre15 ation and welfare; $7,071,061,000, of which $598,278,000 

16 shall be for defense-related activities, of which 

17 $258,278,000 is designated as being for the global war 

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

19 (112th Congress); of which $24,500,000 shall be derived 

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

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

22 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex23 ceed $20,000 shall be for official reception and representa24 tion expenses: Provided, That none of the funds made 

25 available by this Act shall be for expenses incurred for recVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 reational vessels under section 12114 of title 46, United 

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

3 owners of yachts and credited to this appropriation: Pro4 vided further, That the Coast Guard shall comply with the 

5 requirements of section 527 of the National Defense Au6 thorization Act for Fiscal Year 2004 (10 U.S.C. 4331 

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

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

9 $75,000,000 shall be withheld from obligation for Coast 

10 Guard Headquarters Directorates until (1) a revised fu11 ture-years capital investment plan for fiscal years 2012 

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

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

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

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

16 acquisition report; and (3) the polar operations high lati17 tude study are submitted to the Committees on Appropria18 tions of the Senate and the House of Representatives: Pro19 vided further, That funds made available under this head20 ing designated as being for the global war on terrorism 

21 pursuant to section 301 of H. Con. Res. 34 (112th Con22 gress) may be allocated by program, project, and activity, 

23 notwithstanding section 503 of this Act. 


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1 ENVIRONMENTAL COMPLIANCE AND RESTORATION

2 For necessary expenses to carry out the environ3 mental compliance and restoration functions of the Coast 

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

5 $10,198,000, to remain available until September 30, 

6 2016: Provided, That an expenditure plan that itemizes 

7 the costs associated with each project identified in the 

8 Coast Guard’s Environmental Compliance and Restora9 tion backlog report dated April 11, 2011, shall be included 

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

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

12 Code, to the Committees on Appropriations of the Senate 

13 and the House of Representatives. 

14 RESERVE TRAINING

15 For necessary expenses of the Coast Guard Reserve, 

16 as authorized by law; operations and maintenance of the 

17 Coast Guard reserve program; personnel and training 

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

19 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

20 For necessary expenses of acquisition, construction, 

21 renovation, and improvement of aids to navigation, shore 

22 facilities, vessels, and aircraft, including equipment related 

23 thereto, and maintenance, rehabilitation, lease and oper24 ation of facilities and equipment, as authorized by law, 

25 $1,151,673,000, of which $20,000,000 shall be derived 


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

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

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

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

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

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

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

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

9 aviation capability; of which $171,140,000 shall be avail10 able until September 30, 2014, for other equipment; of 

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

12 2016, for shore, infrastructure, military housing, and aids 

13 to navigation facilities, including waterfront facilities at 

14 Navy installations used by the Coast Guard, of which 

15 $14,000,000 may be derived from the Coast Guard Hous16 ing Fund, established under section 687 of title 14, United 

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

18 for personnel compensation and benefits and related costs: 

19 Provided, That the Secretary of Homeland Security shall 

20 submit to the Committees on Appropriations of the Senate 

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

22 President’s budget is submitted each year under section 

23 1105(a) of title 31, United States Code, a future-years 

24 capital investment plan for the Coast Guard that identifies 

25 for each requested capital asset— 


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1 (1) the proposed appropriations included in that 

2 budget; 

3 (2) the total estimated cost of completion, in4 cluding and clearly delineating the costs of associ5 ated major acquisition systems infrastructure and 

6 transition to operations; 

7 (3) projected funding levels for each fiscal year 

8 for the next five fiscal years or until acquisition pro9 gram baseline or project completion, whichever is 

10 earlier; 

11 (4) an estimated completion date at the pro12 jected funding levels; and 

13 (5) a current acquisition program baseline for 

14 each capital asset, as applicable, that— 

15 (A) includes the total acquisition cost of 

16 each asset, subdivided by fiscal year and includ17 ing a detailed description of the purpose of the 

18 proposed funding levels for each fiscal year, in19 cluding for each fiscal year funds requested for 

20 design, pre-acquisition activities, production, 

21 structural modifications, missionization, post22 delivery, and transition to operations costs; 

23 (B) includes a detailed project schedule 

24 through completion, subdivided by fiscal year, 

25 that details— 


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1 (i) quantities planned for each fiscal 

2 year; and 

3 (ii) major acquisition and project 

4 events, including development of oper5 ational requirements, contracting actions, 

6 design reviews, production, delivery, test 

7 and evaluation, and transition to oper8 ations, including necessary training, shore 

9 infrastructure, and logistics; 

10 (C) notes and explains any deviations in 

11 cost, performance parameters, schedule, or esti12 mated date of completion from the original ac13 quisition program baseline and the most recent 

14 baseline approved by the Department of Home15 land Security’s Acquisition Review Board, if ap16 plicable; 

17 (D) aligns the acquisition of each asset to 

18 mission requirements by defining existing capa19 bilities of comparable legacy assets, identifying 

20 known capability gaps between such existing ca21 pabilities and stated mission requirements, and 

22 explaining how the acquisition of each asset will 

23 address such known capability gaps; 

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

25 and the date of the estimate on which such 


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1 costs are based, including all associated costs of 

2 major acquisitions systems infrastructure and 

3 transition to operations, delineated by purpose 

4 and fiscal year for the projected service life of 

5 the asset; 

6 (F) includes the earned value management 

7 system summary schedule performance index 

8 and cost performance index for each asset, if 

9 applicable; and 

10 (G) includes a phase-out and decommis11 sioning schedule delineated by fiscal year for 

12 each existing legacy asset that each asset is in13 tended to replace or recapitalize: 

14 Provided further, That the Secretary shall ensure 

15 that amounts specified in the future-years capital in16 vestment plan are consistent, to the maximum extent 

17 practicable, with proposed appropriations necessary 

18 to support the programs, projects, and activities of 

19 the Coast Guard in the President’s budget as sub20 mitted under section 1105(a) of title 31, United 

21 States Code, for that fiscal year: Provided further, 

22 That any inconsistencies between the capital invest23 ment plan and proposed appropriations shall be 

24 identified and justified: Provided further, That sub25 sections (a) and (b) of section 6402 of Public Law 


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1 110–28 shall apply with respect to the amounts 

2 made available under this heading. 

3 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

4 For necessary expenses for applied scientific re5 search, development, test, and evaluation; and for mainte6 nance, rehabilitation, lease, and operation of facilities and 

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

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

9 shall be derived from the Oil Spill Liability Trust Fund 

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

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

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

13 of this appropriation funds received from State and local 

14 governments, other public authorities, private sources, and 

15 foreign countries for expenses incurred for research, devel16 opment, testing, and evaluation: Provided further, That a 

17 detailed expenditure plan for the amount requested under 

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

19 budget submission. 

20 RETIRED PAY

21 For retired pay, including the payment of obligations 

22 otherwise chargeable to lapsed appropriations for this pur23 pose, payments under the Retired Serviceman’s Family 

24 Protection and Survivor Benefits Plans, payment for ca25 reer status bonuses, concurrent receipts and combat-reVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 lated special compensation under the National Defense 

2 Authorization Act, and payments for medical care of re3 tired personnel and their dependents under chapter 55 of 

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

5 available until expended. 

6 UNITED STATES SECRET SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses of the United States Secret 

9 Service, including purchase of not to exceed 652 vehicles 

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

11 motor vehicles; purchase of motorcycles made in the 

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

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

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

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

16 facilities on private or other property not in Government 

17 ownership or control, as may be necessary to perform pro18 tective functions; payment of per diem or subsistence al19 lowances to employees in cases in which a protective as20 signment on the actual day or days of the visit of a 

21 protectee requires an employee to work 16 hours per day 

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

23 participation in firearms matches; presentation of awards; 

24 travel of United States Secret Service employees on pro25 tective missions without regard to the limitations on such 


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1 expenditures in this or any other Act if approval is ob2 tained in advance from the Committees on Appropriations 

3 of the Senate and the House of Representatives; research 

4 and development; grants to conduct behavioral research in 

5 support of protective research and operations; and pay6 ment in advance for commercial accommodations as may 

7 be necessary to perform protective functions; 

8 $1,666,451,000, of which not to exceed $25,000 shall be 

9 for official reception and representation expenses; of which 

10 not to exceed $100,000 shall be to provide technical assist11 ance and equipment to foreign law enforcement organiza12 tions in counterfeit investigations; of which $2,366,000 

13 shall be for forensic and related support of investigations 

14 of missing and exploited children; and of which 

15 $6,000,000 shall be for a grant for activities related to 

16 investigations of missing and exploited children and shall 

17 remain available until September 30, 2013: Provided, 

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

19 available until September 30, 2013: Provided further, That 

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

21 shall remain available until September 30, 2013: Provided 

22 further, That the United States Secret Service is author23 ized to obligate funds in anticipation of reimbursements 

24 from Federal agencies and entities, as defined in section 

25 105 of title 5, United States Code, for personnel receiving 


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1 training sponsored by the James J. Rowley Training Cen2 ter, except that total obligations at the end of the fiscal 

3 year shall not exceed total budgetary resources available 

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

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

6 heading shall be available to compensate any employee for 

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

8 that the Secretary of Homeland Security, or the designee 

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

10 national security purposes: Provided further, That none of 

11 the funds made available to the United States Secret Serv12 ice by this Act or by previous appropriations Acts may 

13 be made available for the protection of the head of a Fed14 eral agency other than the Secretary of Homeland Secu15 rity: Provided further, That the Director of the United 

16 States Secret Service may enter into an agreement to pro17 vide such protection on a fully reimbursable basis: Pro18 vided further, That of the total amount made available 

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

20 September 30, 2014, is for information integration and 

21 transformation: Provided further, That none of the funds 

22 made available in the preceding proviso shall be obligated 

23 to purchase or install information technology equipment 

24 until the Chief Information Officer of the Department of 

25 Homeland Security submits a report to the Committees 


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1 on Appropriation of the Senate and the House of Rep2 resentatives certifying that all plans for such integration 

3 and transformation are consistent with Department of 

4 Homeland Security enterprise architecture requirements: 

5 Provided further, That none of the funds made available 

6 to the United States Secret Service by this Act or by pre7 vious appropriations Acts may be obligated for the pur8 pose of opening a new permanent domestic or overseas of9 fice or location unless the Committees on Appropriations 

10 of the Senate and the House of Representatives are noti11 fied 15 days in advance of such obligation. 

12 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

13 RELATED EXPENSES

14 For necessary expenses for acquisition, construction, 

15 repair, alteration, and improvement of facilities, 

16 $6,780,000, to remain available until September 30, 2016. 

17 TITLE III 

18 PROTECTION, PREPAREDNESS, RESPONSE, AND 

19 RECOVERY 

20 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

21 MANAGEMENT AND ADMINISTRATION

22 For salaries and expenses of the Office of the Under 

23 Secretary for the National Protection and Programs Di24 rectorate, support for operations, information technology, 

25 and the Office of Risk Management and Analysis, 


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1 $42,511,000: Provided, That not to exceed $5,000 shall 

2 be for official reception and representation expenses. 

3 INFRASTRUCTURE PROTECTION AND INFORMATION

4 SECURITY

5 For necessary expenses for infrastructure protection 

6 and information security programs and activities, as au7 thorized by title II of the Homeland Security Act of 2002 

8 (6 U.S.C. 121 et seq.), $891,243,000: Provided, That of 

9 the amount made available under this heading, 

10 $219,420,500 may not be obligated for the National Cyber 

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

12 obligated for the Office of Infrastructure Protection until 

13 the Committees on Appropriations of the Senate and the 

14 House of Representatives receive and approve a plan for 

15 expenditure for each of these programs that describes the 

16 strategic context of the programs, the specific goals and 

17 milestones set for the programs, and the funds allocated 

18 to achieving each of those goals and milestones: Provided 

19 further, That the Secretary of Homeland Security shall 

20 submit to the Committees on Appropriations of the Senate 

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

22 President’s budget is submitted each year under section 

23 1105(a) of title 31, United States Code, (1) an expendi24 ture plan for the Office of Infrastructure Protection and 

25 the National Cyber Security Division that describes the 


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1 strategic context of the programs, the specific goals and 

2 milestones set for the programs, and the funds allocated 

3 to achieving each of those goals and milestones for the 

4 fiscal year being appropriated; and (2) a multi-year invest5 ment and management plan for the National Cybersecu6 rity Protection System that identifies— 

7 (1) the inventory of nests and sensors by loca8 tion and date of deployment; 

9 (2) the proposed appropriations included in that 

10 budget for each increment sub-divided by procure11 ment, including quantity, deployment, and oper12 ations and maintenance; 

13 (3) projected funding levels for procurements 

14 including quantity, deployment, and operations and 

15 maintenance for each increment for each of the next 

16 five fiscal years; and 

17 (4) a current acquisition program baseline 

18 that— 

19 (A) aligns the acquisition to mission re20 quirements by defining existing capabilities, 

21 identifying known capability gaps between such 

22 existing capabilities and stated mission require23 ments, and explaining how the acquisition of 

24 each technology will address such known capa25 bility gaps; and 


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1 (B) defines life-cycle costs for each tech2 nology, including all associated costs of major 

3 acquisitions systems infrastructure and transi4 tion to operations, delineated by purpose and 

5 fiscal year for the projected service life of the 

6 technology. 

7 FEDERAL PROTECTIVE SERVICE

8 The revenues and collections of security fees credited 

9 to this account shall be available until expended for nec10 essary expenses related to the protection of Federally11 owned and leased buildings and for the operations of the 

12 Federal Protective Service: Provided, That the Director of 

13 the Federal Protective Service shall include with the sub14 mission of the fiscal year 2013 budget a strategic human 

15 capital plan that aligns fee collection to personnel require16 ments based on the current threat assessment; Provided 

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

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

19 provided to the Committees on Appropriations of the Sen20 ate and the House of Representatives not later than 60 

21 days after the date of enactment of this Act: Provided fur22 ther, That an expenditure plan for program, project, and 

23 activity and by objective for fiscal year 2013 shall be sub24 mitted at the time that the President’s budget is sub25 mitted each year under section 1105(a) of title 31, United 


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1 States Code, to the Committees on Appropriations of the 

2 Senate and the House of Representatives. 

3 UNITED STATES VISITOR AND IMMIGRANT STATUS

4 INDICATOR TECHNOLOGY

5 For necessary expenses for the United States Visitor 

6 and Immigrant Status Indicator Technology program, as 

7 authorized by section 110 of the Illegal Immigration Re8 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

9 1365a), $297,402,000: Provided, That of the total amount 

10 made available under this heading, $194,295,000 is to re11 main available until September 30, 2014: Provided further, 

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

13 be obligated for the United States Visitor and Immigrant 

14 Status Indicator Technology program until the Commit15 tees on Appropriations of the Senate and the House of 

16 Representatives receive a plan for expenditure, prepared 

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

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

19 the statutory conditions specified under this heading in 

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

21 of Homeland Security shall submit to the Committees on 

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

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

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


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1 the United States Visitor and Immigrant Status Indicator 

2 Technology program that includes— 

3 (1) the proposed appropriations for each activ4 ity tied to mission requirements and outcomes, pro5 gram management capabilities, performance levels, 

6 and specific capabilities and services to be delivered, 

7 noting any deviations in cost or performance from 

8 the prior fiscal year expenditure or investment and 

9 management plan; 

10 (2) the total estimated cost, projected funding 

11 by fiscal year, and projected timeline of completion 

12 for all enhancements, modernizations, and new capa13 bilities proposed in such budget and underway, in14 cluding and clearly delineating associated efforts and 

15 funds requested by other agencies within the De16 partment of Homeland Security and in the Federal 

17 Government, and detailing any deviations in cost, 

18 performance, schedule, or estimated date of comple19 tion provided in the prior fiscal year expenditure or 

20 investment and management plan; and 

21 (3) a detailed accounting of operations and 

22 maintenance, contractor services, and program costs 

23 associated with the management of identity services. 


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1 OFFICE OF HEALTH AFFAIRS

2 For necessary expenses of the Office of Health Af3 fairs, $165,949,000; of which $30,171,000 is for salaries 

4 and expenses and $115,164,000 is for BioWatch oper5 ations: Provided, That $45,615,000 shall remain available 

6 until September 30, 2013, for biosurveillance, BioWatch 

7 Generation 3, chemical defense, medical and health plan8 ning and coordination, and workforce health protection: 

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

10 official reception and representation expenses: Provided 

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

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

13 provided to the Committees on Appropriations of the Sen14 ate and the House of Representatives not later than 60 

15 days after the date of enactment of this Act: Provided fur16 ther, That an expenditure plan for program, project, and 

17 activity and by objective for each fiscal year shall be sub18 mitted at the time that the President’s budget is sub19 mitted each year under section 1105(a) of title 31, United 

20 States Code, to the Committees on Appropriations of the 

21 Senate and the House of Representatives. 

22 FEDERAL EMERGENCY MANAGEMENT AGENCY

23 MANAGEMENT AND ADMINISTRATION

24 For necessary expenses for management and admin25 istration of the Federal Emergency Management Agency, 


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1 $707,298,000, including activities authorized by the Na2 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

3 seq.), the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro 

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

6 114 Stat. 583), the Earthquake Hazards Reduction Act 

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

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

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

10 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

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

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

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

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

15 and representation expenses: Provided further, That the 

16 Secretary of Homeland Security shall submit an expendi17 ture plan detailed by office for the Federal Emergency 

18 Management Agency to the Committees on Appropriations 

19 of the Senate and the House of Representatives at the 

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

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

22 Provided further, That of the total amount made available 

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

24 available until September 30, 2013, for capital improve25 ments at the Mount Weather Emergency Operations CenVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 ter: Provided further, That of the total amount made avail2 able under this heading, $35,250,000 shall be for the 

3 Urban Search and Rescue Response System, of which not 

4 to exceed $1,600,000 may be made available for adminis5 trative costs; and $5,493,000 shall be for the Office of 

6 National Capital Region Coordination: Provided further, 

7 That for purposes of planning, coordination, execution, 

8 and decision-making related to mass evacuation during a 

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

10 the Commonwealth of Pennsylvania, or their designees, 

11 shall be incorporated into efforts to integrate the activities 

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

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

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

15 STATE AND LOCAL PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For grants, contracts, cooperative agreements, and 

18 other activities, $1,000,000,000, which shall be distributed 

19 at the discretion of the Secretary of Homeland Security 

20 based on the following authorities: 

21 (1) The State Homeland Security Grant Pro22 gram under section 2004 of the Homeland Security 

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

24 (2) The Urban Area Security Initiative under 

25 section 2003 of the Homeland Security Act of 2002 


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

2 such section, funds provided under this paragraph 

3 may be used for grants to organizations (as de4 scribed under section 501(c)(3) of the Internal Rev5 enue Code of 1986 and exempt from tax section 

6 501(a) of such code) determined by the Secretary to 

7 be at high risk of a terrorist attack. 

8 (3) The Metropolitan Medical Response System 

9 under section 635 of the Post-Katrina Emergency 

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

11 (4) The Citizen Corps Program, notwith12 standing the requirements of subtitle A of title XX 

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

14 603 et seq.). 

15 (5) The Public Transportation Security Assist16 ance and Railroad Security Assistance, under sec17 tions 1406 and 1513 of the Implementing Rec18 ommendations of the 9/11 Commission Act of 2007 

19 (6 U.S.C. 1135 and 1163): Provided, That such 

20 public transportation security assistance shall be 

21 provided directly to public transportation agencies. 

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

23 under section 1532 of the Implementing Rec24 ommendations of the 9/11 Commission Act of 2007 

25 (6 U.S.C. 1182). 


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1 (7) Port Security Grants in accordance with 46 

2 U.S.C. 70107. 

3 (8) The Driver’s License Security Grants Pro4 gram in accordance with section 204 of the REAL 

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

6 (9) The Interoperable Emergency Communica7 tions Grant Program under section 1809 of the 

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

9 Provided, That of the amount provided under this 

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

11 and $192,663,000 shall be for training, exercises, tech12 nical assistance, and other programs, of which 

13 $107,000,000 shall be for training of State, local, and 

14 tribal emergency response providers: Provided further, 

15 That funds provided under section 2003 of the Homeland 

16 Security Act of 2002 (6 U.S.C. 604) shall only be provided 

17 to the top 10 highest risk urban areas: Provided further, 

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

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

20 fiscal year 2012, the Commonwealth of Puerto Rico shall 

21 make available to local and tribal governments amounts 

22 provided to the Commonwealth of Puerto Rico under the 

23 State Homeland Security Grant Program in accordance 

24 with subsection (c)(1) of such section 2004: Provided fur25 ther, That 10 percent of the amounts provided under this 


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1 heading shall be transferred to ‘‘Federal Emergency Man2 agement Agency, Management and Administration’’ for 

3 program administration, and the Secretary of Homeland 

4 Security shall provide an expenditure plan for program ad5 ministration to the Committees on Appropriations of the 

6 Senate and the House of Representatives within 60 days 

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

8 That the Secretary shall provide a detailed expenditure 

9 plan for program administration for each fiscal year to 

10 the Committees on Appropriations of the Senate and the 

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

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

13 title 31, United States Code: Provided further, That not14 withstanding section 2008(a)(11) of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 609(a)(11)), or any other pro16 vision of law, a grantee may use not more than five per17 cent of the amount of a grant made available under this 

18 heading for expenses directly related to administration of 

19 the grant: Provided further, That for grants under para20 graphs (1) through (4), the applications for grants shall 

21 be made available to eligible applicants not later than 25 

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

23 applicants shall submit applications not later than 90 days 

24 after the grant announcement, and that the Administrator 

25 of the Federal Emergency Management Agency shall act 


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1 within 90 days after receipt of an application: Provided 

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

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

4 available to eligible applicants not later than 30 days after 

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

6 shall submit applications within 45 days after the grant 

7 announcement, and that the Federal Emergency Manage8 ment Agency shall act not later than 60 days after receipt 

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

10 paragraphs (1) and (2), the installation of communica11 tions towers is not considered construction of a building 

12 or other physical facility: Provided further, That grantees 

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

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

15 Center for Domestic Preparedness may provide training 

16 to emergency response providers from the Federal Govern17 ment, foreign governments, or private entities, if the Cen18 ter is reimbursed for the cost of such training, and any 

19 reimbursement under this subsection shall be credited to 

20 the account from which the expenditure being reimbursed 

21 was made and shall be available, without fiscal year limita22 tion, for the purposes for which amounts in the account 

23 may be expended, and (b) the head of the Center for Do24 mestic Preparedness shall ensure that any training pro25 vided under (a) does not interfere with the primary misVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 sion of the Center to train State and local emergency re2 sponse providers: Provided further, That not later than 60 

3 days after the date of enactment of this Act, the Adminis4 trator of the Federal Emergency Management Agency 

5 shall submit to the Committees on Appropriations of the 

6 Senate and the House of Representatives a plan to expend 

7 by the end of fiscal year 2012 all unexpended balances 

8 of funds appropriated for fiscal years before fiscal year 

9 2008 under this heading. 

10 FIREFIGHTER ASSISTANCE GRANTS

11 For necessary expenses for programs authorized by 

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

13 U.S.C. 2201 et seq.), $350,000,000, of which 

14 $200,000,000 shall be available to carry out section 33 

15 of that Act (15 U.S.C. 2229) and $150,000,000 shall be 

16 available to carry out section 34 of that Act (15 U.S.C. 

17 2229a), to remain available until September 30, 2013: 

18 Provided, That not to exceed 10 percent of the amount 

19 available under this heading shall be transferred to ‘‘Fed20 eral Emergency Management Agency, Management and 

21 Administration’’ for program administration, and an ex22 penditure plan for program administration shall be pro23 vided to the Committees on Appropriations of the Senate 

24 and the House of Representatives not later than 60 days 

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


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1 That an expenditure plan for program administration 

2 shall be submitted at the time that the President’s budget 

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

4 United States Code, to the Committees on Appropriations 

5 of the Senate and the House of Representatives. 

6 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

7 For necessary expenses for emergency management 

8 performance grants, as authorized by the National Flood 

9 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob10 ert T. Stafford Disaster Relief and Emergency Assistance 

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

12 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re13 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

14 $350,000,000: Provided, That not to exceed 10 percent 

15 of the amount available under this heading shall be trans16 ferred to ‘‘Federal Emergency Management Agency, Man17 agement and Administration’’ for program administration, 

18 and an expenditure plan for program administration shall 

19 be provided to the Committees on Appropriations of the 

20 Senate and the House of Representatives not later than 

21 60 days after the date of enactment of this Act: Provided 

22 further, That an expenditure plan for program administra23 tion shall be submitted at the time that the President’s 

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


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1 title 31, United States Code, to the Committees on Appro2 priations of the Senate and the House of Representatives. 

3 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

4 The aggregate charges assessed during fiscal year 

5 2012, as authorized in title III of the Departments of Vet6 erans Affairs and Housing and Urban Development, and 

7 Independent Agencies Appropriations Act, 1999 (42 

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

9 amounts anticipated by the Department of Homeland Se10 curity necessary for its radiological emergency prepared11 ness program for the next fiscal year: Provided, That the 

12 methodology for assessment and collection of fees shall be 

13 fair and equitable and shall reflect costs of providing such 

14 services, including administrative costs of collecting such 

15 fees: Provided further, That fees received under this head16 ing shall be deposited in this account as offsetting collec17 tions and will become available for authorized purposes on 

18 October 1, 2012, and remain available until expended. 

19 UNITED STATES FIRE ADMINISTRATION

20 For necessary expenses of the United States Fire Ad21 ministration and for other purposes, as authorized by the 

22 Federal Fire Prevention and Control Act of 1974 (15 

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

24 2002 (6 U.S.C. 101 et seq.), $42,538,000. 


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1 DISASTER RELIEF

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses in carrying out the Robert 

4 T. Stafford Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5121 et seq.), $2,650,000,000, to remain avail6 able until expended: Provided, That the Federal Emer7 gency Management Agency shall submit an expenditure 

8 plan to the Committees on Appropriations of the Senate 

9 and the House of Representatives detailing the use of the 

10 funds for disaster readiness and support not later than 

11 60 days after the date of enactment of this Act: Provided 

12 further, That the Federal Emergency Management Agency 

13 shall submit to such Committees a quarterly report detail14 ing obligations against the expenditure plan and a jus15 tification for any changes in spending: Provided further, 

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

17 transferred to the Department of Homeland Security Of18 fice of Inspector General for audits and investigations re19 lated to disasters, subject to section 503 of this Act: Pro20 vided further, That not later than 60 days after the date 

21 of enactment of this Act, $105,600,000 shall be trans22 ferred to ‘‘Federal Emergency Management Agency, Man23 agement and Administration’’ for management and ad24 ministration functions: Provided further, That the Admin25 istrator of the Federal Emergency Management Agency 


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

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

3 Appropriations of the Senate and the House of Represent4 atives, and include the amounts provided to each Federal 

5 agency for mission assignments: Provided further, That 

6 the Administrator of the Federal Emergency Management 

7 Agency shall submit quarterly reports to the Committees 

8 on Appropriations of the Senate and the House of Rep9 resentatives providing estimates of funding requirements 

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

11 succeeding three fiscal years which shall include— 

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

13 previously designated disasters; 

14 (2) an estimate, by quarter, for the cost of fu15 ture disasters based on a five-year average, exclud16 ing catastrophic disasters; 

17 (3) an estimate, by quarter, for the costs of cat18 astrophic disasters excluded from the five-year aver19 age subdivided by disaster and shall include the 

20 amount already obligated and the remaining esti21 mated costs; and 

22 (4) an estimate of the date on which the ‘‘Dis23 aster Relief’’ balance will reach $800,000,000: Pro24 vided further, That the Administrator of the Federal 

25 Emergency Management Agency shall develop a polVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 icy and provide a report on such policy that defines 

2 the five-year average used to develop the budget esti3 mates for disaster relief not later than 60 days after 

4 the date of enactment of this Act that shall include 

5 a clear and reproducible definition of the five-year 

6 average used as a basis for the request, the respon7 sible official who develops the average, and the data 

8 source(s) used: Provided further, That the Adminis9 trator of the Federal Emergency Management Agen10 cy shall include in the fiscal year 2013 budget sub11 mission for disaster relief a clear statement of the 

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

13 fiscal years included in the average, a list of the obli14 gations for each of the five fiscal years, and all ad15 justments made to the gross obligation total for each 

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

17 catastrophic disasters are excluded from each year’s 

18 obligation total and the associated amount excluded; 

19 inflation adjustments; and the amount and source of 

20 recoveries applied against the obligation total: Pro21 vided further, That the President shall submit an 

22 offset budget amendment from within discretionary 

23 funds not later than three months prior to the date 

24 that the Administrator of the Federal Emergency 

25 Management Agency estimates that the total amount 


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

2 reach $800,000,000, and that the request shall ac3 count for all estimated funding requirements for 

4 that fiscal year: Provided further, That for any re5 quest for reimbursement from a Federal agency to 

6 the Department of Homeland Security to cover ex7 penditures under the Robert T. Stafford Disaster 

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

9 5121 et seq.), or any mission assignment orders 

10 issued by the Department for such purposes, the 

11 Secretary of Homeland Security shall take appro12 priate steps to ensure that each agency is periodi13 cally reminded of the Department policies on— 

14 (A) the detailed information required in 

15 supporting documentation for reimbursements; 

16 and 

17 (B) the necessity for timeliness of agency 

18 billings. 

19 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

20 For activities under section 319 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance Act 

22 (42 U.S.C. 5162), $296,000 is for the cost of direct loans: 

23 Provided, That gross obligations for the principal amount 

24 of direct loans shall not exceed $25,000,000: Provided fur25 ther, That the cost of modifying such loans shall be as 


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1 defined in section 502 of the Congressional Budget Act 

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

3 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

4 For necessary expenses under section 1360 of the 

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

6 $102,712,000, and such additional sums as may be pro7 vided by State and local governments or other political 

8 subdivisions for cost-shared mapping activities under sec9 tion 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re10 main available until expended: Provided, That total admin11 istrative costs shall not exceed three percent of the total 

12 amount appropriated under this heading. 

13 NATIONAL FLOOD INSURANCE FUND

14 For activities under the National Flood Insurance 

15 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis16 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

17 $171,000,000, which shall remain available until Sep18 tember 30, 2013 and shall be derived from offsetting col19 lections assessed and collected under section 1308(d) of 

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

21 4015(d)), which is available for salaries and expenses as22 sociated with flood mitigation and flood insurance oper23 ations; and flood plain management and flood mapping: 

24 Provided, That not to exceed $22,000,000 shall be avail25 able for salaries and expenses associated with flood mitigaVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 tion and flood insurance operations: Provided further, 

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

3 flood plain management and flood mapping: Provided fur4 ther, That any additional fees collected pursuant to section 

5 1308(d) of the National Flood Insurance Act of 1968 (42 

6 U.S.C. 4015(d)) shall be credited as an offsetting collec7 tion to this account, to be available for flood plain manage8 ment and flood mapping: Provided further, That in fiscal 

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

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

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

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

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

14 Treasury borrowings; and (4) $50,000,000, which shall re15 main available until expended for flood mitigation actions, 

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

17 properties under section 1323 of the National Flood In18 surance Act of 1968 (42 U.S.C. 4030), and of which 

19 $40,000,000 is for flood mitigation assistance under sec20 tion 1366 of the National Flood Insurance Act of 1968 

21 (42 U.S.C. 4104c), notwithstanding subparagraphs (B) 

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

23 1366 of the National Flood Insurance Act of 1968 (42 

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

25 section 1310 of the National Flood Insurance Act of 1968 


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1 (42 U.S.C. 4017): Provided further, That amounts col2 lected under section 102 of the Flood Disaster Protection 

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

4 Insurance Act of 1968 shall be deposited in the National 

5 Flood Insurance Fund to supplement other amounts speci6 fied as available for section 1366 of the National Flood 

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

8 of the Flood Disaster Protection Act of 1973, section 

9 1366(i) of the National Flood Insurance Act of 1968, and 

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

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

12 administrative costs shall not exceed four percent of the 

13 total appropriation. 

14 NATIONAL PREDISASTER MITIGATION FUND

15 For the predisaster mitigation grant program under 

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

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

18 $40,000,000, to remain available until expended: Pro19 vided, That the total administrative costs associated with 

20 such grants shall not exceed three percent of the total 

21 amount made available under this heading. 

22 EMERGENCY FOOD AND SHELTER

23 To carry out the emergency food and shelter program 

24 pursuant to title III of the McKinney-Vento Homeless As25 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 


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1 remain available until expended: Provided, That total ad2 ministrative costs shall not exceed 3.5 percent of the total 

3 amount made available under this heading. 

4 TITLE IV 

5 RESEARCH AND DEVELOPMENT, TRAINING, 

6 AND SERVICES 

7 UNITED STATES CITIZENSHIP AND IMMIGRATION

8 SERVICES

9 For necessary expenses for citizenship and immigra10 tion services, $132,361,000 for immigration verification 

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

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

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

14 note), to assist United States employers with maintaining 

15 a legal workforce; and of which none of the funds may 

16 be used for grants for immigrant integration: Provided, 

17 That notwithstanding any other provision of law, funds 

18 available to United States Citizenship and Immigration 

19 Services may be used to acquire, operate, equip, and dis20 pose of up to five vehicles, for replacement only, for areas 

21 where the Administrator of General Services does not pro22 vide vehicles for lease: Provided further, That the Director 

23 of United States Citizenship and Immigration Services 

24 may authorize employees who are assigned to those areas 


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1 to use such vehicles to travel between the employees’ resi2 dences and places of employment. 

3 FEDERAL LAW ENFORCEMENT TRAINING CENTER

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Law Enforce6 ment Training Center, including materials and support 

7 costs of Federal law enforcement basic training; the pur8 chase of not to exceed 117 vehicles for police-type use and 

9 hire of passenger motor vehicles; expenses for student ath10 letic and related activities; the conduct of and participa11 tion in firearms matches and presentation of awards; pub12 lic awareness and enhancement of community support of 

13 law enforcement training; room and board for student in14 terns; a flat monthly reimbursement to employees author15 ized to use personal mobile phones for official duties; and 

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

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

18 shall remain available until September 30, 2013, for mate19 rials and support costs of Federal law enforcement basic 

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

21 expended to be distributed to Federal law enforcement 

22 agencies for expenses incurred participating in training ac23 creditation; and of which not to exceed $12,000 shall be 

24 for official reception and representation expenses: Pro25 vided, That the Center is authorized to obligate funds in 


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1 anticipation of reimbursements from agencies receiving 

2 training sponsored by the Center, except that total obliga3 tions at the end of the fiscal year shall not exceed total 

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

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

6 107–206 (42 U.S.C. 3771 note), as amended by Public 

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

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

9 31, 2014’’: Provided further, That the Director of the Fed10 eral Law Enforcement Training Center shall schedule 

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

12 all four training facilities under the control of the Federal 

13 Law Enforcement Training Center to ensure that such 

14 training facilities are operated at the highest capacity 

15 throughout the fiscal year: Provided further, That the Fed16 eral Law Enforcement Training Accreditation Board, in17 cluding representatives from the Federal law enforcement 

18 community and non-Federal accreditation experts involved 

19 in law enforcement training, shall lead the Federal law 

20 enforcement training accreditation process to continue the 

21 implementation of measuring and assessing the quality 

22 and effectiveness of Federal law enforcement training pro23 grams, facilities, and instructors. 


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1 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For acquisition of necessary additional real property 

4 and facilities, construction, and ongoing maintenance, fa5 cility improvements, and related expenses of the Federal 

6 Law Enforcement Training Center, $35,456,000, to re7 main available until September 30, 2016: Provided, That 

8 the Center is authorized to accept reimbursement to this 

9 appropriation from government agencies requesting the 

10 construction of special use facilities. 

11 SCIENCE AND TECHNOLOGY 

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Office of the Under 

14 Secretary for Science and Technology and for manage15 ment and administration of programs and activities, as 

16 authorized by title III of the Homeland Security Act of 

17 2002 (6 U.S.C. 181 et seq.), $140,565,000: Provided, 

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

19 and representation expenses. 

20 RESEARCH, DEVELOPMENT, ACQUISITION, AND

21 OPERATIONS

22 For necessary expenses for science and technology re23 search, including advanced research projects, development, 

24 test and evaluation, acquisition, and operations as author25 ized by title III of the Homeland Security Act of 2002 


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1 (6 U.S.C. 181 et seq.), and the purchase or lease of not 

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

3 $196,713,000, to remain available until September 30, 

4 2014; and of which $201,500,000, to remain available 

5 until September 30, 2016, solely for operation and con6 struction of laboratory facilities. 

7 DOMESTIC NUCLEAR DETECTION OFFICE 

8 MANAGEMENT AND ADMINISTRATION

9 For salaries and expenses of the Domestic Nuclear 

10 Detection Office, as authorized by title XIX of the Home11 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man12 agement and administration of programs and activities, 

13 $40,000,000: Provided, That not to exceed $3,000 shall 

14 be for official reception and representation expenses. 

15 RESEARCH, DEVELOPMENT, AND OPERATIONS

16 For necessary expenses for radiological and nuclear 

17 research, development, testing, evaluation, and operations, 

18 $245,194,000, to remain available until September 30, 

19 2014. 

20 SYSTEMS ACQUISITION

21 For expenses for the Domestic Nuclear Detection Of22 fice acquisition and deployment of radiological detection 

23 systems in accordance with the global nuclear detection 

24 architecture, $52,000,000, to remain available until Sep25 tember 30, 2014: Provided, That none of the funds approVerDate Mar 15 2010 23:38 May 26, 2011 Jkt 099200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RH H2017

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1 priated under this heading in this Act or any other Act 

2 shall be obligated for full-scale procurement of advanced 

3 spectroscopic portal monitors until the Secretary of Home4 land Security submits to the Committees on Appropria5 tions of the Senate and the House of Representatives a 

6 report certifying that a significant increase in operational 

7 effectiveness will be achieved by such obligation: Provided 

8 further, That the Secretary shall submit separate and dis9 tinct certifications prior to the procurement of advanced 

10 spectroscopic portal monitors for primary and secondary 

11 deployment that address the unique requirements for 

12 operational effectiveness of each type of deployment: Pro13 vided further, That the Secretary shall continue to consult 

14 with the National Academy of Sciences before making 

15 such certifications: Provided further, That none of the 

16 funds appropriated under this heading shall be used for 

17 high-risk concurrent development and production of mutu18 ally dependent software and hardware. 

19 TITLE V 

20 GENERAL PROVISIONS 

21 (INCLUDING RESCISSIONS OF FUNDS)

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

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 


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

2 of this Act, the unexpended balances of prior appropria3 tions provided for activities in this Act may be transferred 

4 to appropriation accounts for such activities established 

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

6 applicable established accounts, and thereafter may be ac7 counted for as one fund for the same time period as origi8 nally enacted. 

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

10 provided by previous appropriations Acts to the agencies 

11 in or transferred to the Department of Homeland Security 

12 that remain available for obligation or expenditure in fiscal 

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

14 of the United States derived by the collection of fees avail15 able to the agencies funded by this Act, shall be available 

16 for obligation or expenditure through a reprogramming of 

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

18 activity; (2) eliminates a program, project, office, or activ19 ity; (3) increases funds for any program, project, or activ20 ity for which funds have been denied or restricted by the 

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

22 activity by either of the Committees on Appropriations of 

23 the Senate or the House of Representatives for a different 

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

25 which funding levels were requested for Federal full-time 


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1 equivalents in the object classification tables contained in 

2 the fiscal year 2012 Budget Appendix for the Department 

3 of Homeland Security, as modified by the joint explana4 tory statement accompanying this Act, unless the Commit5 tees on Appropriations of the Senate and the House of 

6 Representatives are notified 15 days in advance of such 

7 reprogramming of funds. 

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

9 by previous appropriations Acts to the agencies in or 

10 transferred to the Department of Homeland Security that 

11 remain available for obligation or expenditure in fiscal 

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

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

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

15 be available for obligation or expenditure for programs, 

16 projects, or activities through a reprogramming of funds 

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

18 that: (1) augments existing programs, projects, or activi19 ties; (2) reduces by 10 percent funding for any existing 

20 program, project, or activity, or reduces the numbers of 

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

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

23 personnel that would result in a change in existing pro24 grams, projects, or activities as approved by the Congress, 

25 unless the Committees on Appropriations of the Senate 


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1 and the House of Representatives are notified 15 days in 

2 advance of such reprogramming of funds. 

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

4 made available for the current fiscal year for the Depart5 ment of Homeland Security by this Act or provided by 

6 previous appropriations Acts may be transferred between 

7 such appropriations, but no such appropriation, except as 

8 otherwise specifically provided, shall be increased by more 

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

10 transfer under this section shall be treated as a re11 programming of funds under subsection (b) and shall not 

12 be available for obligation unless the Committees on Ap13 propriations of the Senate and the House of Representa14 tives are notified 15 days in advance of such transfer. 

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

16 this section, no funds shall be reprogrammed within or 

17 transferred between appropriations after June 30, except 

18 in extraordinary circumstances that imminently threaten 

19 the safety of human life or the protection of property. 

20 (e) The notification thresholds and procedures set 

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

22 balances of funds provided in previous Department of 

23 Homeland Security Appropriations Acts. 

24 SEC. 504. The Department of Homeland Security 

25 Working Capital Fund, established pursuant to section 


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1 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

2 continue operations as a permanent working capital fund 

3 for fiscal year 2012: Provided, That none of the funds ap4 propriated or otherwise made available to the Department 

5 of Homeland Security may be used to make payments to 

6 the Working Capital Fund, except for the activities and 

7 amounts allowed in the President’s fiscal year 2012 budg8 et: Provided further, That funds provided to the Working 

9 Capital Fund shall be available for obligation until ex10 pended to carry out the purposes of the Working Capital 

11 Fund: Provided further, That all departmental components 

12 shall be charged only for direct usage of each Working 

13 Capital Fund service: Provided further, That funds pro14 vided to the Working Capital Fund shall be used only for 

15 purposes consistent with the contributing component: Pro16 vided further, That the Working Capital Fund shall be 

17 paid in advance or reimbursed at rates which will return 

18 the full cost of each service: Provided further, That the 

19 Working Capital Fund shall be subject to the require20 ments of section 503 of this Act. 

21 SEC. 505. Except as otherwise specifically provided 

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

23 remaining available at the end of fiscal year 2012 from 

24 appropriations for salaries and expenses for fiscal year 

25 2012 in this Act shall remain available through September 


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1 30, 2013, in the account and for the purposes for which 

2 the appropriations were provided: Provided, That prior to 

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

4 to the Committees on Appropriations of the Senate and 

5 the House of Representatives for approval in accordance 

6 with section 503 of this Act. 

7 SEC. 506. Funds made available by this Act for intel8 ligence activities are deemed to be specifically authorized 

9 by the Congress for purposes of section 504 of the Na10 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

11 year 2012 until the enactment of an Act authorizing intel12 ligence activities for fiscal year 2012. 

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

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

15 be used to— 

16 (1) make or award a grant allocation, grant, contract, 

17 other transaction agreement, task or delivery order on a 

18 Department of Homeland Security multiple award con19 tract, or to issue a letter of intent totaling in excess of 

20 $1,000,000; 

21 (2) award a task order requiring an obligation of 

22 funds in an amount greater than $25,000,000 from multi23 year Department of Homeland Security funds or a task 

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1 year funds in a single account to exceed 50 percent of 

2 the total amount appropriated; or 

3 (3) announce publicly the intention to make or award 

4 items under paragraphs (1) or (2), including a contract 

5 covered by the Federal Acquisition Regulation. 

6 (b) The Secretary of Homeland Security may waive 

7 the prohibition under subsection (a) if the Secretary noti8 fies the Committees on Appropriations of the Senate and 

9 the House of Representatives at least three full business 

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

11 as described in that subsection. 

12 (c) If the Secretary of Homeland Security determines 

13 that compliance with this section would pose a substantial 

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

15 made without notification, then the Secretary shall notify 

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives not later than five full business 

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

19 (d) A notification under this section— 

20 (1) may not involve funds that are not available for 

21 obligation; and 

22 (2) shall include the amount of the award, the fiscal 

23 year for which the funds for the award were appropriated, 

24 and the account from which the funds are being drawn. 


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1 (e) The Administrator of the Federal Emergency 

2 Management Agency shall brief the Committees on Appro3 priations of the Senate and the House of Representatives 

4 five full business days in advance of announcing publicly 

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

6 Programs’’. 

7 SEC. 508. Notwithstanding any other provision of 

8 law, no agency shall purchase, construct, or lease any ad9 ditional facilities, except within or contiguous to existing 

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

11 law enforcement training without the advance approval of 

12 the Committees on Appropriations of the Senate and the 

13 House of Representatives, except that the Federal Law 

14 Enforcement Training Center is authorized to obtain the 

15 temporary use of additional facilities by lease, contract, 

16 or other agreement for training that cannot be accommo17 dated in existing Center facilities. 

18 SEC. 509. None of the funds appropriated or other19 wise made available by this Act may be used for expenses 

20 for any construction, repair, alteration, or acquisition 

21 project for which a prospectus otherwise required under 

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

23 approved, except that necessary funds may be expended 

24 for each project for required expenses for the development 

25 of a proposed prospectus. 


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1 SEC. 510. Sections 520, 522, and 530 of the Depart2 ment of Homeland Security Appropriations Act, 2008 (di3 vision E of Public Law 110–161; 121 Stat. 2042 et seq.) 

4 shall apply with respect to funds made available in this 

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

6 made available in that Act. 

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

8 Act may be used in contravention of the applicable provi9 sions of the Buy American Act (41 U.S.C. 10a et seq.). 

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

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

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

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

14 alter, direct that changes be made to, delay, or prohibit 

15 the transmission to Congress of any report prepared under 

16 paragraph (6) of such subsection. 

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

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

19 by section 337 of the Immigration and Nationality Act 

20 (8 U.S.C. 1448). 

21 SEC. 514. None of the funds appropriated by this Act 

22 may be used to process or approve a competition under 

23 Office of Management and Budget Circular A-76 for serv24 ices provided as of June 1, 2004, by employees (including 

25 employees serving on a temporary or term basis) of United 


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1 States Citizenship and Immigration Services of the De2 partment of Homeland Security who are known as of that 

3 date as Immigration Information Officers, Contact Rep4 resentatives, or Investigative Assistants. 

5 SEC. 515. Within 45 days after the end of each 

6 month, the Chief Financial Officer of the Department of 

7 Homeland Security shall submit to the Committees on Ap8 propriations of the Senate and the House of Representa9 tives a monthly budget and staffing report for that month 

10 that includes total obligations, on-board versus funded 

11 full-time equivalent staffing levels, and the number of con12 tract employees for each office of the Department. 

13 SEC. 516. Except as provided in section 44945 of title 

14 49, United States Code, funds appropriated for or trans15 ferred to ‘‘Transportation Security Administration, Avia16 tion Security’’, ‘‘Transportation Security Administration, 

17 Administration’’, and ‘‘Transportation Security Adminis18 tration, Transportation Security Support’’ for fiscal years 

19 2004, 2005, 2006, 2007, 2008, 2009, and 2010 that are 

20 recovered or deobligated shall be available only for the pro21 curement or installation of explosives detection systems, 

22 air cargo, baggage, and checkpoint screening systems, 

23 subject to notification: Provided, That quarterly reports 

24 shall be submitted to the Committees on Appropriations 


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1 of the Senate and the House of Representatives on any 

2 funds that are so recovered or deobligated. 

3 SEC. 517. Any funds appropriated to ‘‘Coast Guard, 

4 Acquisition, Construction, and Improvements’’ for fiscal 

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

6 123 foot patrol boat conversion that are recovered, col7 lected, or otherwise received as the result of negotiation, 

8 mediation, or litigation, shall be available until expended 

9 for the Fast Response Cutter program. 

10 SEC. 518. Section 532(a) of Public Law 109–295 

11 (120 Stat. 1384) is amended by striking ‘‘2010’’ and in12 serting ‘‘2012’’. 

13 SEC. 519. The functions of the Federal Law Enforce14 ment Training Center instructor staff shall be classified 

15 as inherently governmental for the purpose of the Federal 

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

17 note). 

18 SEC. 520. (a) Except as provided in subsection (b), 

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

20 to the Office of the Secretary and Executive Management, 

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

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

23 a grant or contract funded under such headings by any 

24 means other than full and open competition. 


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1 (b) Subsection (a) does not apply to obligation of 

2 funds for a contract awarded— 

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

4 statute, including obligation for a purchase made 

5 under a mandated preferential program, including 

6 the AbilityOne Program, that is authorized under 

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

8 seq.); 

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

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

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

13 the Federal Property and Administrative Services 

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

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

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

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

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

21 to human health or welfare. 

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

23 the Secretary of Homeland Security issues a waiver under 

24 this subsection, the Secretary shall submit notification of 

25 that waiver to the Committees on Appropriations of the 


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1 Senate and the House of Representatives, including a de2 scription of the applicable contract to which the waiver 

3 applies and an explanation of why the waiver authority 

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

5 the authority to grant such a waiver. 

6 (d) In addition to the requirements established by 

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

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

10 than a full and open competition to assess departmental 

11 compliance with applicable laws and regulations: Provided, 

12 That the Inspector General shall review selected contracts 

13 awarded in the previous fiscal year through means other 

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

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

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

19 past performance problems on similar contracts or by the 

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

22 the Inspector General deems relevant: Provided further, 

23 That the Inspector General shall report the results of the 

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1 ate and the House of Representatives no later than Feb2 ruary 6, 2012. 

3 SEC. 521. None of the funds provided in this Act or 

4 any previous appropriations Acts shall be used to fund any 

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

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

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

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

11 of the Intelligence Reform and Terrorism Prevention Act 

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

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

16 to civil aviation security. 

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

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

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

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

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

23 the results of background checks required by law to be 

24 completed prior to the granting of the benefit have been 

25 received by United States Citizenship and Immigration 


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1 Services, and the results do not preclude the granting of 

2 the benefit. 

3 SEC. 525. None of the funds made available in this 

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

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

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

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

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

12 SEC. 526. Section 831 of the Homeland Security Act 

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

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

16 30, 2012,’’; and 

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

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

19 SEC. 527. The Secretary of Homeland Security shall 

20 require that all contracts of the Department of Homeland 

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

24 SEC. 528. None of the funds made available to the 

25 Office of the Secretary and Executive Management under 


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1 this Act may be expended for any new hires by the Depart2 ment of Homeland Security that are not verified through 

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

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

6 SEC. 529. None of the funds made available in this 

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

8 to prevent an individual not in the business of importing 

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

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

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

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

16 further, That the prescription drug may not be— 

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

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

19 802); or 

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

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

22 262). 

23 SEC. 530. The Secretary of Homeland Security, in 

24 consultation with the Secretary of the Treasury, shall no25 tify the Committees on Appropriations of the Senate and 


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1 the House of Representatives of any proposed transfers 

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

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

4 from the Department of the Treasury Forfeiture Fund to 

5 any agency within the Department of Homeland Security: 

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

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

9 approve the proposed transfers. 

10 SEC. 531. None of the funds made available in this 

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

13 SEC. 532. If the Assistant Secretary of Homeland Se14 curity (Transportation Security Administration) deter15 mines that an airport does not need to participate in the 

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

17 Illegal Immigration Reform and Immigrant Responsibility 

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

20 of the Senate and the House of Representatives that no 

21 security risks will result from such non-participation. 

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

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

24 days after the date on which the President determines 

25 whether to declare a major disaster because of an event 


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1 and any appeal is completed, the Administrator shall sub2 mit to the Committee on Homeland Security and Govern3 mental Affairs of the Senate, the Committee on Homeland 

4 Security of the House of Representatives, the Committee 

5 on Transportation and Infrastructure of the House of 

6 Representatives, and the Committees on Appropriations of 

7 the Senate and the House of Representatives, and publish 

8 on the website of the Federal Emergency Management 

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

11 whether to declare a major disaster. 

12 (b) The Administrator may redact from a report 

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

15 (c) In this section— 

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

18 Agency; and 

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

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

21 Stafford Disaster Relief and Emergency Assistance 

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

23 SEC. 534. (a) Notwithstanding any other provision 

24 of law during fiscal year 2012 or any subsequent fiscal 

25 year, if the Secretary of Homeland Security determines 


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1 that the National Bio- and Agro-defense Facility be lo2 cated at a site other than Plum Island, New York, the 

3 Secretary shall ensure that the Administrator of General 

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

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

8 and meet program requirements. 

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

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

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

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

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

21 SEC. 535. Any official that is required by this Act 

22 to report or certify to the Committees on Appropriations 

23 of the Senate and the House of Representatives may not 

24 delegate such authority to perform that act unless specifi25 cally authorized herein. 


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1 SEC. 536. Section 550(b) of the Department of 

2 Homeland Security Appropriations Act, 2007 (Public Law 

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

5 SEC. 537. None of the funds appropriated or other6 wise made available in this or any other Act may be used 

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

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

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

11 other detainee who— 

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

13 of the Armed Forces of the United States; and 

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

15 at the United States Naval Station, Guantanamo 

16 Bay, Cuba, by the Department of Defense. 

17 SEC. 538. None of the funds made available in this 

18 Act may be used for first-class travel by the employees 

19 of agencies funded by this Act in contravention of sections 

20 301–10.122 through 301.10–124 of title 41, Code of Fed21 eral Regulations. 

22 SEC. 539. None of the funds made available in this 

23 Act may be used to propose or effect a disciplinary or ad24 verse action, with respect to any Department of Homeland 

25 Security employee who engages regularly with the public 


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1 in the performance of his or her official duties solely be2 cause that employee elects to utilize protective equipment 

3 or measures, including but not limited to surgical masks, 

4 N95 respirators, gloves, or hand-sanitizers, where use of 

5 such equipment or measures is in accord with Department 

6 of Homeland Security policy, and Centers for Disease 

7 Control and Prevention and Office of Personnel Manage8 ment guidance. 

9 SEC. 540. None of the funds made available in this 

10 Act may be used to employ workers described in section 

11 274A(h)(3) of the Immigration and Nationality Act (8 

12 U.S.C. 1324a(h)(3)). 

13 SEC. 541. (a) Any company that collects or retains 

14 personal information directly from any individual who par15 ticipates in the Registered Traveler program of the Trans16 portation Security Administration shall safeguard and dis17 pose of such information in accordance with the require18 ments in— 

19 (1) the National Institute for Standards and 

20 Technology Special Publication 800–30, entitled 

21 ‘‘Risk Management Guide for Information Tech22 nology Systems’’; 

23 (2) the National Institute for Standards and 

24 Technology Special Publication 800–53, Revision 3, 


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1 entitled ‘‘Recommended Security Controls for Fed2 eral Information Systems and Organizations’’; and 

3 (3) any supplemental standards established by 

4 the Assistant Secretary of Homeland Security 

5 (Transportation Security Administration) (referred 

6 to in this section as the ‘‘Assistant Secretary’’). 

7 (b) The airport authority or air carrier operator that 

8 sponsors the company under the Registered Traveler pro9 gram shall be known as the Sponsoring Entity. 

10 (c) The Assistant Secretary shall require any com11 pany covered by subsection (a) to provide, not later than 

12 30 days after the date of enactment of this Act, to the 

13 Sponsoring Entity written certification that the proce14 dures used by the company to safeguard and dispose of 

15 information are in compliance with the requirements 

16 under subsection (a). Such certification shall include a de17 scription of the procedures used by the company to comply 

18 with such requirements. 

19 (d) Not later than 90 days after the date of enact20 ment of this Act, the Assistant Secretary shall submit to 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives a report that includes a descrip23 tion of— 


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1 (1) the procedures that have been used to safe2 guard and dispose of personal information collected 

3 through the Registered Traveler program; and 

4 (2) the status of any certifications required to 

5 be submitted by subsection (c). 

6 SEC. 542. Notwithstanding any other provision of 

7 this Act, none of the funds appropriated or otherwise 

8 made available by this Act may be used to pay award or 

9 incentive fees for contractor performance that has been 

10 judged to be below satisfactory performance or perform11 ance that does not meet the basic requirements of a con12 tract. 

13 SEC. 543. (a) Not later than 180 days after the date 

14 of enactment of this Act, the Assistant Secretary of Home15 land Security (Transportation Security Administration) 

16 shall submit to the Committees on Appropriations of the 

17 Senate and the House of Representatives, a report that 

18 either— 

19 (1) certifies that the requirement for screening 

20 all air cargo on passenger aircraft by the deadline 

21 under section 44901(g) of title 49, United States 

22 Code, has been met; or 

23 (2) includes a strategy to comply with the re24 quirements under title 44901(g) of title 49, United 

25 States Code, including— 


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1 (A) a plan to meet the requirement under 

2 section 44901(g) of title 49, United States 

3 Code, to screen 100 percent of air cargo trans4 ported on passenger aircraft arriving in the 

5 United States in foreign air transportation (as 

6 that term is defined in section 40102 of that 

7 title); and 

8 (B) specification of— 

9 (i) the percentage of such air cargo 

10 that is being screened; and 

11 (ii) the schedule for achieving screen12 ing of 100 percent of such air cargo. 

13 (b) The Assistant Secretary shall continue to submit 

14 reports described in subsection (a)(2) every 180 days 

15 thereafter until the Assistant Secretary certifies that the 

16 Transportation Security Administration has achieved 

17 screening of 100 percent of such air cargo. 

18 SEC. 544. In developing any process to screen avia19 tion passengers and crews for transportation or national 

20 security purposes, the Secretary of Homeland Security 

21 shall ensure that all such processes take into consideration 

22 such passengers’ and crews’ privacy and civil liberties con23 sistent with applicable laws, regulations, and guidance. 

24 SEC. 545. Sections 1309(a) and 1319 of the National 

25 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 


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1 4026) shall each be amended by striking ‘‘September 30, 

2 2011’’ and inserting ‘‘September 30, 2012’’. 

3 SEC. 546. (a) Notwithstanding section 1356(n) of 

4 title 8, United States Code, of the funds deposited into 

5 the Immigration Examinations Fee Account, $8,500,000 

6 is available to United States Citizenship and Immigration 

7 Services in fiscal year 2012 for the purpose of providing 

8 an immigrant integration grants program. 

9 (b) None of the funds made available to United 

10 States Citizenship and Immigration Service for grants for 

11 immigrant integration may be used to provide services to 

12 aliens who have not been lawfully admitted for permanent 

13 residence. 

14 SEC. 547. (a) The Secretary of Homeland Security 

15 may transfer to the Secretary of the Interior amounts 

16 available for environmental mitigation requirements for 

17 ‘‘U.S. Customs and Border Protection, Border Security 

18 Fencing, Infrastructure, and Technology’’ for fiscal years 

19 2009, 2010, 2011, and 2012, for use by the Secretary of 

20 the Interior under laws administered by such Secretary 

21 to mitigate adverse environmental impacts, resulting di22 rectly from construction, operation, and maintenance ac23 tivities by the Department of Homeland Security related 

24 to border security. 


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1 (b) Uses of funds authorized by this section include 

2 minimal, necessary acquisition of land or interests in land 

3 that will, in the judgment of the Secretary of the Interior, 

4 mitigate or offset such adverse impacts. 

5 (c) Any funds transferred under this section shall be 

6 used in accordance with a written agreement between the 

7 Secretaries. 

8 (d) The Secretary of the Interior, in consultation with 

9 the Secretary of Homeland Security, shall submit to the 

10 Committees on Appropriations of the Senate and the 

11 House of Representatives, by not later than 15 days before 

12 any proposed transfer under this section, an expenditure 

13 plan that describes in detail the actions proposed to be 

14 taken with amounts transferred under this section. 

15 (e) Concurrent with submittal of the expenditure 

16 plan, the Secretary of Homeland Security shall submit a 

17 certification that the actions outlined in the expenditure 

18 plan cannot be legally executed under the authorities of 

19 U.S. Customs and Border Protection or any other compo20 nent of the Department of Homeland Security and are de21 termined to be necessary for mitigation of construction, 

22 operation, and maintenance activities related to border se23 curity. 

24 SEC. 548. Of the funds transferred to the Depart25 ment of Homeland Security when it was created in 2003, 


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1 the following funds are hereby rescinded from the fol2 lowing accounts and programs in the specified amounts: 

3 (1) $20,997,225 from ‘‘U.S. Immigration and 

4 Customs Enforcement, Salaries and Expenses’’; and 

5 (2) $594,945 from ‘‘Violent Crime Reduction 

6 Programs’’. 

7 SEC. 549. Of the following unobligated balances 

8 available for ‘‘Department of Homeland Security, U.S. 

9 Immigration and Customs Enforcement, Construction’’, 

10 $11,300,000 is rescinded. 

11 TITLE VI 

12 EMERGENCY SUPPLEMENTAL FUNDING FOR 

13 DISASTER RELIEF 

14 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

15 SEC. 601. Effective on the date of the enactment of 

16 this Act, of the unobligated balances remaining available 

17 to the Department of Energy pursuant to section 129 of 

18 the Continuing Appropriations Resolution, 2009 (division 

19 A of Public Law 110–329), $500,000,000 is rescinded and 

20 $1,000,000,000 is hereby transferred to and merged with 

21 ‘‘Department of Homeland Security—Federal Emergency 

22 Management Agency—Disaster Relief’’: Provided, That 

23 the amount transferred by this section is designated as 

24 an emergency pursuant to section 3(c)(1) of H. Res. 5 

25 (112th Congress). 


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92 

•HR 2017 RH

1 TITLE VII 

2 SPENDING REDUCTION ACCOUNT 

3 SEC. 701. The amount by which the applicable alloca4 tion of new budget authority made by the Committee on 

5 Appropriations of the House of Representatives under sec6 tion 302(b) of the Congressional Budget Act of 1974 ex7 ceeds the amount of proposed new budget authority is $0. 

8 This Act may be cited as the ‘‘Department of Home9 land Security Appropriations Act, 2012’’. 


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Union Calendar No. 50 

112TH CONGRESS 

1ST SESSION H. R. 2017 

[Report No. 112–91] 

A BILL 

Making appropriations for the Department of 

September 30, 2012, and for other purposes. Homeland Security for the fiscal year ending 

MAY 26, 2011 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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