IIB 

112TH CONGRESS 

1ST SESSION H. R. 2017 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2011 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

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

and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, 


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1 for the Department of Homeland Security for the fiscal 

2 year ending September 30, 2012, and for other purposes, 

3 namely: 

4 TITLE I 

5 DEPARTMENTAL MANAGEMENT AND 

6 OPERATIONS 

7 OFFICE OF THE SECRETARY AND EXECUTIVE

8 MANAGEMENT

9 For necessary expenses of the Office of the Secretary 

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

11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $126,700,000 (reduced by 

14 $63,350,000) (reduced by $1,000,000): Provided, That 

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

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

17 available to the Office of Policy for Visa Waiver Program 

18 negotiations in Washington, DC, and for other inter19 national activities: Provided further, That consistent with 

20 the requirements specified within Presidential Policy Di21 rective-8, dated March 30, 2011, the Secretary shall sub22 mit to the Committees on Appropriations of the Senate 

23 and the House of Representatives not later than October 

24 15, 2011, the National Preparedness Goal and not later 

25 than January 15, 2012, the National Preparedness SysVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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1 tem: Provided further, That of the amount made available 

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

3 until the Committees on Appropriations of the Senate and 

4 the House of Representatives receive: (1) the National 

5 Preparedness Goal and the National Preparedness System 

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

7 Secretary’s determination on implementation of biometric 

8 air exit. 

9 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

10 For necessary expenses of the Office of the Under 

11 Secretary for Management, as authorized by sections 701 

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

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

14 $600,000) (reduced by $117,470,000) (reduced by 

15 $10,000,000), of which not to exceed $3,000 shall be for 

16 official reception and representation expenses: Provided, 

17 That of the total amount made available under this head18 ing, $5,000,000 shall remain available until September 30, 

19 2016, solely for the alteration and improvement of facili20 ties, tenant improvements, and relocation costs to consoli21 date Department headquarters operations at the Nebraska 

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

23 until September 30, 2014, for the Human Resources In24 formation Technology program. 


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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $50,860,000. 

5 OFFICE OF THE CHIEF INFORMATION OFFICER

6 For necessary expenses of the Office of the Chief In7 formation Officer, as authorized by section 103 of the 

8 Homeland Security Act of 2002 (6 U.S.C. 113), and De9 partment-wide technology investments, $261,300,000 (re10 duced by $139,180,000), of which $105,500,000 (reduced 

11 by $55,672,000) shall be available for salaries and ex12 penses; and of which $155,800,000 (reduced by 

13 $83,508,000), to remain available until September 30, 

14 2014, shall be available for development and acquisition 

15 of information technology equipment, software, services, 

16 and related activities for the Department of Homeland Se17 curity: Provided, That the Chief Information Officer shall 

18 submit to the Committees on Appropriations of the Senate 

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

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

21 plan for all information technology acquisition projects 

22 that are funded under this heading or are funded by mul23 tiple components of the Department of Homeland Security 

24 through reimbursable agreements: Provided further, That 

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1 ed, the name of the project, its key milestones, all funding 

2 sources, detailed annual and lifecycle costs, and projected 

3 cost savings or cost avoidance to be achieved: Provided fur4 ther, That the Secretary of Homeland Security shall sub5 mit to the Committees on Appropriations of the Senate 

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

7 President’s budget is submitted each year under section 

8 1105(a) of title 31, United States Code, a multi-year in9 vestment and management plan for all information tech10 nology acquisition projects that includes— 

11 (1) the proposed appropriations included for 

12 each project and activity tied to mission require13 ments, program management capabilities, perform14 ance levels, and specific capabilities and services to 

15 be delivered; 

16 (2) the total estimated cost and projected 

17 timeline of completion for all multi-year enhance18 ments, modernizations, and new capabilities that are 

19 proposed in such budget or underway; 

20 (3) a detailed accounting of operations and 

21 maintenance and contractor services costs; and 

22 (4) a current acquisition program baseline for 

23 each project, that— 

24 (A) notes and explains any deviations in 

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1 mated date of completion from the original ac2 quisition program baseline; 

3 (B) aligns the acquisition programs cov4 ered by the baseline to mission requirements by 

5 defining existing capabilities, identifying known 

6 capability gaps between such existing capabili7 ties and stated mission requirements, and ex8 plaining how each increment will address such 

9 known capability gaps; and 

10 (C) defines life-cycle costs for such pro11 grams. 

12 ANALYSIS AND OPERATIONS

13 For necessary expenses for intelligence analysis and 

14 operations coordination activities, as authorized by title II 

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

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

17 be for official reception and representation expenses; and 

18 of which $58,757,000 shall remain available until Sep19 tember 30, 2013. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

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

24 which not to exceed $300,000 may be used for certain con25 fidential operational expenses, including the payment of 


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1 informants, to be expended at the direction of the Inspec2 tor General. 

3 TITLE II 

4 SECURITY, ENFORCEMENT, AND 

5 INVESTIGATIONS 

6 U.S. CUSTOMS AND BORDER PROTECTION

7 SALARIES AND EXPENSES

8 For necessary expenses for enforcement of laws relat9 ing to border security, immigration, customs, agricultural 

10 inspections and regulatory activities related to plant and 

11 animal imports, and transportation of unaccompanied 

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

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

14 with individuals for personal services abroad; 

15 $8,769,518,000 (reduced by $1,000,000) (increased by 

16 $1,000,000), of which $3,274,000 shall be derived from 

17 the Harbor Maintenance Trust Fund for administrative 

18 expenses related to the collection of the Harbor Mainte19 nance Fee pursuant to section 9505(c)(3) of the Internal 

20 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not21 withstanding section 1511(e)(1) of the Homeland Security 

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

23 $45,000 shall be for official reception and representation 

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

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


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1 become available in the Customs User Fee Account, except 

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

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

4 58c(f)(3)), shall be derived from that account; of which 

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

6 rental space in connection with preclearance operations; 

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

8 of compensation to informants, to be accounted for solely 

9 under the certificate of the Secretary of Homeland Secu10 rity: Provided, That for fiscal year 2012, the overtime lim11 itation prescribed in section 5(c)(1) of the Act of February 

12 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not13 withstanding any other provision of law, none of the funds 

14 appropriated by this Act may be available to compensate 

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

16 overtime, from whatever source, in an amount that ex17 ceeds such limitation, except in individual cases deter18 mined by the Secretary of Homeland Security, or the des19 ignee of the Secretary, to be necessary for national secu20 rity purposes, to prevent excessive costs, or in cases of 

21 immigration emergencies: Provided further, That the Sec22 retary of Homeland Security shall submit to the Commit23 tees on Appropriations of the Senate and the House of 

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

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


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1 United States Code, a multi-year investment and manage2 ment plan for Inspection and Detection Technology that 

3 identifies for each technology— 

4 (1) the inventory of Inspection and Detection 

5 Technology by location and date of deployment; 

6 (2) the proposed appropriations included in the 

7 budget subdivided by the proposed appropriations 

8 for procurement, including quantity, deployment, 

9 and operations and maintenance; 

10 (3) projected funding levels for procurement in 

11 quantity, deployment, and operations and mainte12 nance for each of the next three fiscal years; and 

13 (4) a current acquisition program baseline 

14 that— 

15 (A) aligns the acquisition of each tech16 nology to mission requirements by defining ex17 isting capabilities of comparable legacy tech18 nology assets, identifying known capability gaps 

19 between such existing capabilities and stated 

20 mission requirements, and explaining how the 

21 acquisition of each technology will address such 

22 known capability gaps; 

23 (B) defines life-cycle costs for each tech24 nology, including all associated costs of major 

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1 tion to operations, delineated by purpose and 

2 fiscal year for the projected service life of the 

3 technology; and 

4 (C) includes a phase-out and decommis5 sioning schedule delineated by fiscal year for ex6 isting legacy technology assets that each tech7 nology is intended to replace or recapitalize. 

8 AUTOMATION MODERNIZATION

9 For expenses for U.S. Customs and Border Protec10 tion automated systems, $334,275,000, to remain avail11 able until September 30, 2014, of which not less than 

12 $140,000,000 shall be for the development of the Auto13 mated Commercial Environment: Provided, That the Com14 missioner of U.S. Customs and Border Protection shall 

15 submit to the Committees on Appropriations of the Senate 

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

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

18 plan for the Automated Commercial Environment pro19 gram including results to date, plans for the program, and 

20 a list of projects with associated funding from prior appro21 priations and provided by this Act: Provided further, That 

22 the Secretary of Homeland Security shall submit to the 

23 Committees on Appropriations of the Senate and the 

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

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


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

2 management plan for the funds made available under this 

3 heading that includes— 

4 (1) the proposed appropriations included for 

5 each project and activity tied to mission require6 ments, program management capabilities, perform7 ance levels, and specific capabilities and services to 

8 be delivered; 

9 (2) the total estimated cost and projected 

10 timeline of completion for all multi-year enhance11 ments, modernizations, and new capabilities pro12 posed in such budget or underway; 

13 (3) a detailed accounting of operations and 

14 maintenance and contractor services costs; and 

15 (4) current acquisition program baselines for 

16 the Automated Commercial Environment and TECS 

17 Modernization respectively, that— 

18 (A) note and explain any deviations in 

19 cost, performance parameters, schedule, or esti20 mated date of completion from the original ac21 quisition program baseline; 

22 (B) align these acquisition programs to 

23 mission requirements by defining existing capa24 bilities, identifying known capability gaps be25 tween such existing capabilities and stated misVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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1 sion requirements, and explaining how each in2 crement will address such known capability 

3 gaps; and 

4 (C) define life-cycle costs for these pro5 grams. 

6 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

7 TECHNOLOGY

8 For expenses for border security fencing, infrastruc9 ture, and technology, $500,000,000 (increased by 

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

11 2014: Provided, That of the total amount made available 

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

13 until the Committees on Appropriations of the Senate and 

14 the House of Representatives receive a detailed expendi15 ture plan prepared by the Secretary of Homeland Secu16 rity, and submitted not later than 90 days after the date 

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

18 maintain a security barrier along the borders of the 

19 United States, of fencing and vehicle barriers where prac20 ticable, and of other forms of fencing, tactical infrastruc21 ture, and technology: Provided further, That the Secretary 

22 of Homeland Security shall submit to the Committees on 

23 Appropriations of the Senate and the House of Represent24 atives, at the time that the President’s budget is submitted 

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


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

2 the Border Security Fencing, Infrastructure, and Tech3 nology account, that includes for each tactical infrastruc4 ture and technology deployment— 

5 (1) the funding level in that budget and pro6 jected funding levels for each of the next three fiscal 

7 years, including a description of the purpose of such 

8 funding levels; 

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

10 that aligns each deployment to mission requirements 

11 by defining existing capabilities, identifying known 

12 capability gaps between such existing capabilities 

13 and stated mission requirements related to achieving 

14 operational control, and explaining how each tactical 

15 infrastructure or technology deployment will address 

16 such known capability gaps; and 

17 (3) a current acquisition program baseline 

18 that— 

19 (A) notes and explains any deviations in 

20 cost, performance parameters, schedule, or esti21 mated date of completion from the most recent 

22 acquisition program baseline approved by the 

23 Department of Homeland Security Acquisition 

24 Review Board; 


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1 (B) includes a phase-out and life-cycle re2 capitalization schedule delineated by fiscal year 

3 for existing and new tactical infrastructure and 

4 technology deployments that each deployment is 

5 intended to replace or recapitalize; and 

6 (C) includes qualitative performance 

7 metrics that assess the effectiveness of new and 

8 existing tactical infrastructure and technology 

9 deployments and inform the next multi-year in10 vestment and management plan related to 

11 achieving operational control of the Northern 

12 and Southwest borders of the United States. 

13 AIR AND MARINE INTERDICTION, OPERATIONS, 

14 MAINTENANCE, AND PROCUREMENT

15 For necessary expenses for the operations, mainte16 nance, and procurement of marine vessels, aircraft, un17 manned aircraft systems, and other related equipment of 

18 the air and marine program, including operational train19 ing and mission-related travel, the operations of which in20 clude the following: the interdiction of narcotics and other 

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

22 agencies in the enforcement or administration of laws en23 forced by the Department of Homeland Security; and at 

24 the discretion of the Secretary of Homeland Security, the 

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1 cies in other law enforcement and emergency humani2 tarian efforts, $499,966,000, to remain available until 

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

4 related equipment, with the exception of aircraft that are 

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

6 Customs and Border Protection requirements and aircraft 

7 that have been damaged beyond repair, shall be trans8 ferred to any other Federal agency, department, or office 

9 outside of the Department of Homeland Security during 

10 fiscal year 2012 without the prior approval of the Commit11 tees on Appropriations of the Senate and the House of 

12 Representatives: Provided further, That the Secretary of 

13 Homeland Security shall report to the Committees on Ap14 propriations of the Senate and the House of Representa15 tives, not later than 90 days after the date of enactment 

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

17 for the air and marine program directed in conference re18 port 109–241 accompanying Public Law 109–90 that ad19 dresses missions, structure, operations, equipment, facili20 ties, and resources including deployment and command 

21 and control requirements, and includes a recapitalization 

22 plan with milestones and funding, and a detailed staffing 

23 plan with associated costs to achieve full staffing to meet 

24 all mission requirements. 


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1 CONSTRUCTION AND FACILITIES MANAGEMENT

2 For necessary expenses to plan, acquire, construct, 

3 renovate, equip, furnish, operate, manage, oversee, admin4 ister, and maintain buildings and facilities and to provide 

5 facilities solutions and related infrastructure along with 

6 program management support necessary for the adminis7 tration and enforcement of the laws relating to customs, 

8 immigration, and border security, $234,096,000, to re9 main available until September 30, 2016: Provided, That 

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

11 shall submit an expenditure plan to the Committees on 

12 Appropriations of the Senate and the House of Represent13 atives not later than 60 days after the date of enactment 

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

15 Provided further, That the Secretary of Homeland Secu16 rity shall submit to the Committees on Appropriations of 

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

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

19 section 1105(a) of title 31, United States Code, an inven20 tory of the real property of the U.S. Customs and Border 

21 Protection and a plan for each activity and project pro22 posed for funding under this heading that includes the full 

23 cost by fiscal year of each activity and project proposed 

24 and underway in fiscal year 2013. 


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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigra4 tion and customs laws, detention and removals, and inves5 tigations; and purchase and lease of up to 3,790 (2,350 

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

7 (increased by $1,000,000) (reduced by $1,000,000) (in8 creased by $1,000,000) (reduced by $5,000,000) (in9 creased by $5,000,000), of which not to exceed 

10 $7,500,000 shall be available until expended for con11 ducting special operations under section 3131 of the Cus12 toms Enforcement Act of 1986 (19 U.S.C. 2081); of which 

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

14 representation expenses; of which not to exceed 

15 $2,000,000 shall be for awards of compensation to inform16 ants, to be accounted for solely under the certificate of 

17 the Secretary of Homeland Security; of which not less 

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

19 of the child pornography tipline and activities to counter 

20 child exploitation; of which not less than $5,400,000 (in21 creased by $1,000,000) shall be used to facilitate agree22 ments consistent with section 287(g) of the Immigration 

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

24 to exceed $11,216,000 shall be available to fund or reim25 burse other Federal agencies for the costs associated with 


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1 the care, maintenance, and repatriation of smuggled aliens 

2 unlawfully present in the United States: Provided, That 

3 none of the funds made available under this heading shall 

4 be available to compensate any employee for overtime in 

5 an annual amount in excess of $35,000, except that the 

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

7 that amount as necessary for national security purposes 

8 and in cases of immigration emergencies: Provided further, 

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

10 for activities to enforce laws against forced child labor, 

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

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

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

14 to identify aliens convicted of a crime who may be deport15 able and aliens who may pose a serious risk to public safe16 ty or national security who may be deportable, and to re17 move them from the United States once they are judged 

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

19 until September 30, 2013: Provided further, That the As20 sistant Secretary of Homeland Security for U.S. Immigra21 tion and Customs Enforcement shall report to the Com22 mittees on Appropriations of the Senate and the House 

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

24 of each quarter of the fiscal year, on progress in imple25 menting the preceding proviso and the funds obligated 


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1 during that quarter to make such progress: Provided fur2 ther, That the Secretary shall prioritize the identification 

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

4 of that crime: Provided further, That the funding made 

5 available under this heading shall maintain a level of not 

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

7 2012: Provided further, That of the total amount provided, 

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

9 operations, including transportation of unaccompanied 

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

11 provided, $10,300,000 shall remain available until Sep12 tember 30, 2013, for the Visa Security Program: Provided 

13 further, That none of the funds provided under this head14 ing may be used to continue a delegation of law enforce15 ment authority authorized under section 287(g) of the Im16 migration and Nationality Act (8 U.S.C. 1357(g)) if the 

17 Department of Homeland Security Inspector General de18 termines that the terms of the agreement governing the 

19 delegation of authority have been violated: Provided fur20 ther, That none of the funds provided under this heading 

21 may be used to continue any contract for the provision 

22 of detention services if the two most recent overall per23 formance evaluations received by the contracted facility 

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

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1 vided further, That nothing under this heading shall pre2 vent U.S. Immigration and Customs Enforcement from 

3 exercising those authorities provided under immigration 

4 laws (as defined in section 101(a)(17) of the Immigration 

5 and Nationality Act (8 U.S.C. 1101(a)(17))) during pri6 ority operations pertaining to aliens convicted of a crime. 

7 AUTOMATION MODERNIZATION

8 For expenses of immigration and customs enforce9 ment automated systems, $23,860,000, to remain avail10 able until September 30, 2016: Provided, That the Sec11 retary of Homeland Security shall submit to the Commit12 tees on Appropriations of the Senate and the House of 

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

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

15 United States Code, a multi-year investment and manage16 ment plan for funds made available under this heading 

17 that includes— 

18 (1) the proposed appropriations included for 

19 each project and activity tied to mission require20 ments and outcomes, program management capabili21 ties, performance levels, and specific capabilities and 

22 services to be delivered; 

23 (2) the total estimated cost and projected 

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1 ments, modernizations, and new capabilities pro2 posed in such budget or underway; 

3 (3) a detailed accounting of operations and 

4 maintenance and contractor services costs; and 

5 (4) current acquisition program baselines for 

6 Atlas and TECS Modernization respectively, that— 

7 (A) note and explain any deviations in 

8 cost, performance parameters, schedule, or esti9 mated date of completion from the original ac10 quisition program baseline; 

11 (B) align these acquisition programs to 

12 mission requirements by defining existing capa13 bilities, identifying known capability gaps be14 tween such existing capabilities and stated mis15 sion requirements, and explaining how each in16 crement will address such known capability 

17 gaps; and 

18 (C) define life-cycle costs for these pro19 grams. 

20 TRANSPORTATION SECURITY ADMINISTRATION

21 AVIATION SECURITY

22 For necessary expenses of the Transportation Secu23 rity Administration related to providing civil aviation secu24 rity services pursuant to the Aviation and Transportation 

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


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

2 $1,692,000,000 shall be available until September 30, 

3 2013, and of which not to exceed $10,000 shall be for 

4 official reception and representation expenses: Provided, 

5 That of the total amount made available under this head6 ing, not to exceed $4,155,813,000 shall be for screening 

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

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

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

10 shall be for aviation security direction and enforcement: 

11 Provided further, That of the amount made available in 

12 the preceding proviso for explosives detection systems, 

13 $222,738,000 shall be available for the purchase and in14 stallation of such systems, of which not less than 10 per15 cent shall be available for the purchase and installation 

16 of certified explosives detection systems at medium- and 

17 small-sized airports: Provided further, That notwith18 standing section 44923 of title 49, United States Code, 

19 for fiscal year 2012 any funds in the Aviation Security 

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

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

22 installation of explosives detection systems or for the 

23 issuance of other transaction agreements for the purpose 

24 of funding projects described in section 44923(a): Pro25 vided further, That none of the funds made available in 


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1 this Act may be used for any recruiting or hiring of per2 sonnel into the Transportation Security Administration 

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

4 46,000 full-time equivalent screeners: Provided further, 

5 That the preceding proviso shall not apply to personnel 

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

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

8 the Secretary of Homeland Security shall submit to the 

9 Committees on Appropriations of the Senate and the 

10 House of Representatives a detailed report on— 

11 (1) the Department of Homeland Security ef12 forts and resources being devoted to develop more 

13 advanced integrated passenger screening tech14 nologies for the most effective security of passengers 

15 and baggage at the lowest possible operating and ac16 quisition costs; 

17 (2) how the Transportation Security Adminis18 tration is deploying its existing passenger and bag19 gage screener workforce in the most cost effective 

20 manner; and 

21 (3) labor savings from the deployment of im22 proved technologies for passenger and baggage 

23 screening and how those savings are being used to 

24 offset security costs or reinvested to address security 

25 vulnerabilities: 


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1 Provided further, That any award to deploy explosives de2 tection systems shall be based on risk, the airport’s cur3 rent reliance on other screening solutions, lobby conges4 tion resulting in increased security concerns, high injury 

5 rates, airport readiness, and increased cost effectiveness: 

6 Provided further, That security service fees authorized 

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

8 be credited to this appropriation as offsetting collections 

9 and shall be available only for aviation security: Provided 

10 further, That the sum appropriated under this heading 

11 from the general fund shall be reduced on a dollar-for12 dollar basis as such offsetting collections are received in 

13 fiscal year 2012, so as to result in a final fiscal year appro14 priation under this heading from the general fund of not 

15 more than $3,194,556,000: Provided further, That any se16 curity service fees collected in excess of the amount made 

17 available under this heading shall be available for fiscal 

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

19 of Representatives and the Senate, including the leader20 ship; the heads of Federal agencies and commissions, in21 cluding the Secretary, Deputy Secretary, Under Secre22 taries, and Assistant Secretaries of the Department of 

23 Homeland Security; the Attorney General, Deputy Attor24 ney General, Assistant Attorneys General, and United 

25 States Attorneys; and senior members of the Executive 


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1 Office of the President, including the Director of the Of2 fice of Management and Budget shall not be exempt from 

3 Federal passenger and baggage screening. 

4

5 SURFACE TRANSPORTATION SECURITY

6 For necessary expenses of the Transportation Secu7 rity Administration related to surface transportation secu8 rity activities, $129,748,000, to remain available until 

9 September 30, 2013. 

10 TRANSPORTATION THREAT ASSESSMENT AND

11 CREDENTIALING

12 For necessary expenses for the development and im13 plementation of screening programs of the Office of 

14 Transportation Threat Assessment and Credentialing, 

15 $183,954,000, to remain available until September 30, 

16 2013. 

17 TRANSPORTATION SECURITY SUPPORT

18 For necessary expenses of the Transportation Secu19 rity Administration related to providing transportation se20 curity support and intelligence pursuant to the Aviation 

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

22 115 Stat. 597; 49 U.S.C. 40101 note), $1,032,790,000, 

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

24 That the Secretary of Homeland Security shall submit to 

25 the Committees on Appropriations of the Senate and the 


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1 House of Representatives detailed expenditure plans for 

2 air cargo security, checkpoint support, and explosives de3 tection systems procurement, refurbishment, and installa4 tion on an airport-by-airport basis for fiscal year 2013: 

5 Provided further, That these plans shall be submitted not 

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

7 FEDERAL AIR MARSHALS

8 For necessary expenses of the Federal Air Marshals, 

9 $961,375,000. 

10 COAST GUARD

11 OPERATING EXPENSES

12 For necessary expenses for the operation and mainte13 nance of the Coast Guard, not otherwise provided for, pur14 chase or lease of not to exceed 25 passenger motor vehi15 cles, which shall be for replacement only; purchase or lease 

16 of small boats for contingent and emergent requirements 

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

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

19 $28,000,000; purchase or lease of boats necessary for 

20 overseas deployments and activities; minor shore construc21 tion projects not exceeding $1,000,000 in total cost at any 

22 location; payments pursuant to section 156 of Public Law 

23 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recre24 ation and welfare; $7,071,061,000, of which $598,278,000 

25 shall be for defense-related activities, of which 


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1 $258,278,000 is designated as being for the global war 

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

3 (112th Congress); of which $24,500,000 shall be derived 

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

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

6 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex7 ceed $20,000 shall be for official reception and representa8 tion expenses: Provided, That none of the funds made 

9 available by this Act shall be for expenses incurred for rec10 reational vessels under section 12114 of title 46, United 

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

12 owners of yachts and credited to this appropriation: Pro13 vided further, That the Coast Guard shall comply with the 

14 requirements of section 527 of the National Defense Au15 thorization Act for Fiscal Year 2004 (10 U.S.C. 4331 

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

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

18 $75,000,000 shall be withheld from obligation for Coast 

19 Guard Headquarters Directorates until: (1) a revised fu20 ture-years capital investment plan for fiscal years 2012 

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

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

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

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

25 acquisition report; and (3) the polar operations high latiVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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1 tude study are submitted to the Committees on Appropria2 tions of the Senate and the House of Representatives: Pro3 vided further, That funds made available under this head4 ing designated as being for the global war on terrorism 

5 pursuant to section 301 of H. Con. Res. 34 (112th Con6 gress) may be allocated by program, project, and activity, 

7 notwithstanding section 503 of this Act. 

8 ENVIRONMENTAL COMPLIANCE AND RESTORATION

9 For necessary expenses to carry out the environ10 mental compliance and restoration functions of the Coast 

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

12 $10,198,000, to remain available until September 30, 

13 2016: Provided, That an expenditure plan that itemizes 

14 the costs associated with each project identified in the 

15 Coast Guard’s Environmental Compliance and Restora16 tion backlog report dated April 11, 2011, shall be included 

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

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

19 Code, to the Committees on Appropriations of the Senate 

20 and the House of Representatives. 

21 RESERVE TRAINING

22 For necessary expenses of the Coast Guard Reserve, 

23 as authorized by law; operations and maintenance of the 

24 Coast Guard reserve program; personnel and training 

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


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1 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of acquisition, construction, 

3 renovation, and improvement of aids to navigation, shore 

4 facilities, vessels, and aircraft, including equipment related 

5 thereto, and maintenance, rehabilitation, lease and oper6 ation of facilities and equipment, as authorized by law, 

7 $1,151,673,000, of which $20,000,000 shall be derived 

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

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

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

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

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

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

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

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

16 aviation capability; of which $171,140,000 shall be avail17 able until September 30, 2014, for other equipment; of 

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

19 2016, for shore, infrastructure, military housing, and aids 

20 to navigation facilities, including waterfront facilities at 

21 Navy installations used by the Coast Guard, of which 

22 $14,000,000 may be derived from the Coast Guard Hous23 ing Fund, established under section 687 of title 14, United 

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

25 for personnel compensation and benefits and related costs: 


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1 Provided, That the Secretary of Homeland Security shall 

2 submit to the Committees on Appropriations of the Senate 

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

4 President’s budget is submitted each year under section 

5 1105(a) of title 31, United States Code, a future-years 

6 capital investment plan for the Coast Guard that identifies 

7 for each requested capital asset— 

8 (1) the proposed appropriations included in that 

9 budget; 

10 (2) the total estimated cost of completion, in11 cluding and clearly delineating the costs of associ12 ated major acquisition systems infrastructure and 

13 transition to operations; 

14 (3) projected funding levels for each fiscal year 

15 for the next five fiscal years or until acquisition pro16 gram baseline or project completion, whichever is 

17 earlier; 

18 (4) an estimated completion date at the pro19 jected funding levels; and 

20 (5) a current acquisition program baseline for 

21 each capital asset, as applicable, that— 

22 (A) includes the total acquisition cost of 

23 each asset, subdivided by fiscal year and includ24 ing a detailed description of the purpose of the 

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1 cluding for each fiscal year funds requested for 

2 design, pre-acquisition activities, production, 

3 structural modifications, missionization, post4 delivery, and transition to operations costs; 

5 (B) includes a detailed project schedule 

6 through completion, subdivided by fiscal year, 

7 that details— 

8 (i) quantities planned for each fiscal 

9 year; and 

10 (ii) major acquisition and project 

11 events, including development of oper12 ational requirements, contracting actions, 

13 design reviews, production, delivery, test 

14 and evaluation, and transition to oper15 ations, including necessary training, shore 

16 infrastructure, and logistics; 

17 (C) notes and explains any deviations in 

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

21 baseline approved by the Department of Home22 land Security’s Acquisition Review Board, if ap23 plicable; 

24 (D) aligns the acquisition of each asset to 

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1 bilities of comparable legacy assets, identifying 

2 known capability gaps between such existing ca3 pabilities and stated mission requirements, and 

4 explaining how the acquisition of each asset will 

5 address such known capability gaps; 

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

7 and the date of the estimate on which such 

8 costs are based, including all associated costs of 

9 major acquisitions systems infrastructure and 

10 transition to operations, delineated by purpose 

11 and fiscal year for the projected service life of 

12 the asset; 

13 (F) includes the earned value management 

14 system summary schedule performance index 

15 and cost performance index for each asset, if 

16 applicable; and 

17 (G) includes a phase-out and decommis18 sioning schedule delineated by fiscal year for 

19 each existing legacy asset that each asset is in20 tended to replace or recapitalize: 

21 Provided further, That the Secretary shall ensure 

22 that amounts specified in the future-years capital in23 vestment plan are consistent, to the maximum extent 

24 practicable, with proposed appropriations necessary 

25 to support the programs, projects, and activities of 


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1 the Coast Guard in the President’s budget as sub2 mitted under section 1105(a) of title 31, United 

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

4 That any inconsistencies between the capital invest5 ment plan and proposed appropriations shall be 

6 identified and justified: Provided further, That sub7 sections (a) and (b) of section 6402 of Public Law 

8 110–28 shall apply with respect to the amounts 

9 made available under this heading. 

10 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

11 For necessary expenses for applied scientific re12 search, development, test, and evaluation; and for mainte13 nance, rehabilitation, lease, and operation of facilities and 

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

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

16 shall be derived from the Oil Spill Liability Trust Fund 

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

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

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

20 of this appropriation funds received from State and local 

21 governments, other public authorities, private sources, and 

22 foreign countries for expenses incurred for research, devel23 opment, testing, and evaluation: Provided further, That a 

24 detailed expenditure plan for the amount requested under 


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

2 budget submission. 

3 RETIRED PAY

4 For retired pay, including the payment of obligations 

5 otherwise chargeable to lapsed appropriations for this pur6 pose, payments under the Retired Serviceman’s Family 

7 Protection and Survivor Benefits Plans, payment for ca8 reer status bonuses, concurrent receipts and combat-re9 lated special compensation under the National Defense 

10 Authorization Act, and payments for medical care of re11 tired personnel and their dependents under chapter 55 of 

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

13 available until expended. 

14 UNITED STATES SECRET SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Secret 

17 Service, including purchase of not to exceed 652 vehicles 

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

19 motor vehicles; purchase of motorcycles made in the 

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

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

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

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

24 facilities on private or other property not in Government 

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1 tective functions; payment of per diem or subsistence al2 lowances to employees in cases in which a protective as3 signment on the actual day or days of the visit of a 

4 protectee requires an employee to work 16 hours per day 

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

6 participation in firearms matches; presentation of awards; 

7 travel of United States Secret Service employees on pro8 tective missions without regard to the limitations on such 

9 expenditures in this or any other Act if approval is ob10 tained in advance from the Committees on Appropriations 

11 of the Senate and the House of Representatives; research 

12 and development; grants to conduct behavioral research in 

13 support of protective research and operations; and pay14 ment in advance for commercial accommodations as may 

15 be necessary to perform protective functions; 

16 $1,666,451,000, of which not to exceed $25,000 shall be 

17 for official reception and representation expenses; of which 

18 not to exceed $100,000 shall be to provide technical assist19 ance and equipment to foreign law enforcement organiza20 tions in counterfeit investigations; of which $2,366,000 

21 shall be for forensic and related support of investigations 

22 of missing and exploited children; and of which 

23 $6,000,000 shall be for a grant for activities related to 

24 investigations of missing and exploited children and shall 

25 remain available until September 30, 2013: Provided, 


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

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

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

4 shall remain available until September 30, 2013: Provided 

5 further, That the United States Secret Service is author6 ized to obligate funds in anticipation of reimbursements 

7 from Federal agencies and entities, as defined in section 

8 105 of title 5, United States Code, for personnel receiving 

9 training sponsored by the James J. Rowley Training Cen10 ter, except that total obligations at the end of the fiscal 

11 year shall not exceed total budgetary resources available 

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

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

14 heading shall be available to compensate any employee for 

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

16 that the Secretary of Homeland Security, or the designee 

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

18 national security purposes: Provided further, That none of 

19 the funds made available to the United States Secret Serv20 ice by this Act or by previous appropriations Acts may 

21 be made available for the protection of the head of a Fed22 eral agency other than the Secretary of Homeland Secu23 rity: Provided further, That the Director of the United 

24 States Secret Service may enter into an agreement to pro25 vide such protection on a fully reimbursable basis: ProVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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1 vided further, That of the total amount made available 

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

3 September 30, 2014, is for information integration and 

4 transformation: Provided further, That none of the funds 

5 made available in the preceding proviso shall be obligated 

6 to purchase or install information technology equipment 

7 until the Chief Information Officer of the Department of 

8 Homeland Security submits a report to the Committees 

9 on Appropriation of the Senate and the House of Rep10 resentatives certifying that all plans for such integration 

11 and transformation are consistent with Department of 

12 Homeland Security enterprise architecture requirements: 

13 Provided further, That none of the funds made available 

14 to the United States Secret Service by this Act or by pre15 vious appropriations Acts may be obligated for the pur16 pose of opening a new permanent domestic or overseas of17 fice or location unless the Committees on Appropriations 

18 of the Senate and the House of Representatives are noti19 fied 15 days in advance of such obligation. 

20 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

21 RELATED EXPENSES

22 For necessary expenses for acquisition, construction, 

23 repair, alteration, and improvement of facilities, 

24 $6,780,000, to remain available until September 30, 2016. 


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1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the Office of the Under 

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

9 and the Office of Risk Management and Analysis, 

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

11 be for official reception and representation expenses. 

12 INFRASTRUCTURE PROTECTION AND INFORMATION

13 SECURITY

14 For necessary expenses for infrastructure protection 

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

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

18 the amount made available under this heading, 

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

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

21 obligated for the Office of Infrastructure Protection until 

22 the Committees on Appropriations of the Senate and the 

23 House of Representatives receive and approve a plan for 

24 expenditure for each of these programs that describes the 

25 strategic context of the programs, the specific goals and 


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1 milestones set for the programs, and the funds allocated 

2 to achieving each of those goals and milestones: Provided 

3 further, That the Secretary of Homeland Security shall 

4 submit to the Committees on Appropriations of the Senate 

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

6 President’s budget is submitted each year under section 

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

9 the National Cyber Security Division that describes the 

10 strategic context of the programs, the specific goals and 

11 milestones set for the programs, and the funds allocated 

12 to achieving each of those goals and milestones for the 

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

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

18 (2) the proposed appropriations included in that 

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

22 (3) projected funding levels for procurements 

23 including quantity, deployment, and operations and 

24 maintenance for each increment for each of the next 

25 five fiscal years; and 


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1 (4) a current acquisition program baseline 

2 that— 

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

5 identifying known capability gaps between such 

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

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

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

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

14 fiscal year for the projected service life of the 

15 technology. 

16 FEDERAL PROTECTIVE SERVICE

17 The revenues and collections of security fees credited 

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

21 Federal Protective Service: Provided, That the Director of 

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

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


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

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

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

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

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

10 States Code, to the Committees on Appropriations of the 

11 Senate and the House of Representatives. 

12 UNITED STATES VISITOR AND IMMIGRANT STATUS

13 INDICATOR TECHNOLOGY

14 For necessary expenses for the United States Visitor 

15 and Immigrant Status Indicator Technology program, as 

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

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

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

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

22 be obligated for the United States Visitor and Immigrant 

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

25 Representatives receive a plan for expenditure, prepared 


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

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

3 the statutory conditions specified under this heading in 

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

5 of Homeland Security shall submit to the Committees on 

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

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

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

10 the United States Visitor and Immigrant Status Indicator 

11 Technology program that includes— 

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

15 and specific capabilities and services to be delivered, 

16 noting any deviations in cost or performance from 

17 the prior fiscal year expenditure or investment and 

18 management plan; 

19 (2) the total estimated cost, projected funding 

20 by fiscal year, and projected timeline of completion 

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

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


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1 Government, and detailing any deviations in cost, 

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

4 investment and management plan; and 

5 (3) a detailed accounting of operations and 

6 maintenance, contractor services, and program costs 

7 associated with the management of identity services. 

8 OFFICE OF HEALTH AFFAIRS

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

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

13 until September 30, 2013, for biosurveillance, BioWatch 

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

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

17 official reception and representation expenses: Provided 

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

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

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

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

24 activity and by objective for each fiscal year shall be sub25 mitted at the time that the President’s budget is subVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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

2 States Code, to the Committees on Appropriations of the 

3 Senate and the House of Representatives. 

4 FEDERAL EMERGENCY MANAGEMENT AGENCY

5 MANAGEMENT AND ADMINISTRATION

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

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

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

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

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

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

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

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

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

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

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

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

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

22 and representation expenses: Provided further, That the 

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

25 Management Agency to the Committees on Appropriations 


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1 of the Senate and the House of Representatives at the 

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

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

4 Provided further, That of the total amount made available 

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

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

10 Urban Search and Rescue Response System, of which not 

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

13 National Capital Region Coordination: Provided further, 

14 That for purposes of planning, coordination, execution, 

15 and decision-making related to mass evacuation during a 

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

17 the Commonwealth of Pennsylvania, or their designees, 

18 shall be incorporated into efforts to integrate the activities 

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

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

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

22 STATE AND LOCAL PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For grants, contracts, cooperative agreements, and 

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


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1 at the discretion of the Secretary of Homeland Security 

2 based on the following authorities: 

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

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

6 (2) The Urban Area Security Initiative under 

7 section 2003 of the Homeland Security Act of 2002 

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

9 such section, funds provided under this paragraph 

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

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

14 be at high risk of a terrorist attack. 

15 (3) The Metropolitan Medical Response System 

16 under section 635 of the Post-Katrina Emergency 

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

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

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

21 603 et seq.). 

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


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

2 public transportation security assistance shall be 

3 provided directly to public transportation agencies. 

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

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

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

8 (7) Port Security Grants in accordance with 46 

9 U.S.C. 70107. 

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

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

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

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

16 Provided, That of the amount provided under this 

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

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

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

21 tribal emergency response providers: Provided further, 

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

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

24 fiscal year 2012, the Commonwealth of Puerto Rico shall 

25 make available to local and tribal governments amounts 


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1 provided to the Commonwealth of Puerto Rico under the 

2 State Homeland Security Grant Program in accordance 

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

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

7 program administration, and the Secretary of Homeland 

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

10 Senate and the House of Representatives within 60 days 

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

12 That the Secretary shall provide a detailed expenditure 

13 plan for program administration for each fiscal year to 

14 the Committees on Appropriations of the Senate and the 

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

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

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

22 heading for expenses directly related to administration of 

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

25 be made available to eligible applicants not later than 25 


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

2 applicants shall submit applications not later than 90 days 

3 after the grant announcement, and that the Administrator 

4 of the Federal Emergency Management Agency shall act 

5 within 90 days after receipt of an application: Provided 

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

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

8 available to eligible applicants not later than 30 days after 

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

10 shall submit applications within 45 days after the grant 

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

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

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

16 or other physical facility: Provided further, That grantees 

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

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

19 Center for Domestic Preparedness may provide training 

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

23 reimbursement under this subsection shall be credited to 

24 the account from which the expenditure being reimbursed 

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

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

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

9 shall submit to the Committees on Appropriations of the 

10 Senate and the House of Representatives a plan to expend 

11 by the end of fiscal year 2012 all unexpended balances 

12 of funds appropriated for fiscal years before fiscal year 

13 2008 under this heading. 

14 FIREFIGHTER ASSISTANCE GRANTS

15 For necessary expenses for programs authorized by 

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

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

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

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

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

22 section 34 of that Act (15 U.S.C. 2229a), to remain avail23 able until September 30, 2013: Provided, That not to ex24 ceed 10 percent of the amount available under this head25 ing shall be transferred to ‘‘Federal Emergency ManageVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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

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

7 plan for program administration shall be submitted at the 

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

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

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives. 

12 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

13 For necessary expenses for emergency management 

14 performance grants, as authorized by the National Flood 

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

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

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

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

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

24 and an expenditure plan for program administration shall 

25 be provided to the Committees on Appropriations of the 


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1 Senate and the House of Representatives not later than 

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

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

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

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

8 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

9 The aggregate charges assessed during fiscal year 

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

12 Independent Agencies Appropriations Act, 1999 (42 

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

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

17 methodology for assessment and collection of fees shall be 

18 fair and equitable and shall reflect costs of providing such 

19 services, including administrative costs of collecting such 

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

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


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1 UNITED STATES FIRE ADMINISTRATION

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

4 Federal Fire Prevention and Control Act of 1974 (15 

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

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

7 DISASTER RELIEF

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses in carrying out the Robert 

10 T. Stafford Disaster Relief and Emergency Assistance Act 

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

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

13 available until expended: Provided, That the Federal 

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

17 the funds for disaster readiness and support not later than 

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

19 further, That the Federal Emergency Management Agency 

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

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

24 transferred to the Department of Homeland Security Of25 fice of Inspector General for audits and investigations reVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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

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

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

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

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

12 agency for mission assignments: Provided further, That 

13 the Administrator of the Federal Emergency Management 

14 Agency shall submit quarterly reports to the Committees 

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

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

18 succeeding three fiscal years which shall include— 

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

20 previously designated disasters; 

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

24 (3) an estimate, by quarter, for the costs of cat25 astrophic disasters excluded from the five-year averVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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1 age subdivided by disaster and shall include the 

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

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

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

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

11 the date of enactment of this Act that shall include 

12 a clear and reproducible definition of the five-year 

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

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

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

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

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

24 catastrophic disasters are excluded from each year’s 

25 obligation total and the associated amount excluded; 


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1 inflation adjustments; and the amount and source of 

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

4 offset budget amendment from within discretionary 

5 funds not later than three months prior to the date 

6 that the Administrator of the Federal Emergency 

7 Management Agency estimates that the total amount 

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

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

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

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

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

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

17 issued by the Department for such purposes, the 

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

21 (A) the detailed information required in 

22 supporting documentation for reimbursements; 

23 and 

24 (B) the necessity for timeliness of agency 

25 billings. 


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1 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

2 For activities under section 319 of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act 

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

5 Provided, That gross obligations for the principal amount 

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

8 defined in section 502 of the Congressional Budget Act 

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

10 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

11 For necessary expenses under section 1360 of the 

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

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

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

19 amount appropriated under this heading. 

20 NATIONAL FLOOD INSURANCE FUND

21 For activities under the National Flood Insurance 

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

24 $171,000,000, which shall remain available until Sep25 tember 30, 2013, and shall be derived from offsetting colVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

24 properties under section 1323 of the National Flood In25 surance Act of 1968 (42 U.S.C. 4030), and of which 


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1 $40,000,000 is for flood mitigation assistance under sec2 tion 1366 of the National Flood Insurance Act of 1968 

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

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

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

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

7 section 1310 of the National Flood Insurance Act of 1968 

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

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

11 Insurance Act of 1968 shall be deposited in the National 

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

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

15 of the Flood Disaster Protection Act of 1973, section 

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

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

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

19 administrative costs shall not exceed four percent of the 

20 total appropriation. 

21 NATIONAL PREDISASTER MITIGATION FUND

22 For the predisaster mitigation grant program under 

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

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

25 $40,000,000, to remain available until expended: ProVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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1 vided, That the total administrative costs associated with 

2 such grants shall not exceed three percent of the total 

3 amount made available under this heading. 

4 EMERGENCY FOOD AND SHELTER

5 To carry out the emergency food and shelter program 

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

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

10 amount made available under this heading. 

11 TITLE IV 

12 RESEARCH AND DEVELOPMENT, TRAINING, 

13 AND SERVICES 

14 UNITED STATES CITIZENSHIP AND IMMIGRATION

15 SERVICES

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

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

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

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

21 note), to assist United States employers with maintaining 

22 a legal workforce: Provided, That notwithstanding any 

23 other provision of law, funds available to United States 

24 Citizenship and Immigration Services may be used to ac25 quire, operate, equip, and dispose of up to five vehicles, 


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1 for replacement only, for areas where the Administrator 

2 of General Services does not provide vehicles for lease: 

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

6 to travel between the employees’ residences and places of 

7 employment. 

8 FEDERAL LAW ENFORCEMENT TRAINING CENTER

9 SALARIES AND EXPENSES

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

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

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

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

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

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

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

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


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1 expended to be distributed to Federal law enforcement 

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

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

6 anticipation of reimbursements from agencies receiving 

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

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

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

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

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

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

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

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

17 all four training facilities under the control of the Federal 

18 Law Enforcement Training Center to ensure that such 

19 training facilities are operated at the highest capacity 

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

23 community and non-Federal accreditation experts involved 

24 in law enforcement training, shall lead the Federal law 

25 enforcement training accreditation process to continue the 


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1 implementation of measuring and assessing the quality 

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

4 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

5 RELATED EXPENSES

6 For acquisition of necessary additional real property 

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

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

11 the Center is authorized to accept reimbursement to this 

12 appropriation from government agencies requesting the 

13 construction of special use facilities. 

14 SCIENCE AND TECHNOLOGY 

15 MANAGEMENT AND ADMINISTRATION

16 For salaries and expenses of the Office of the Under 

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

19 authorized by title III of the Homeland Security Act of 

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

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

22 and representation expenses. 


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1 RESEARCH, DEVELOPMENT, ACQUISITION, AND

2 OPERATIONS

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

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

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

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

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

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

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

13 DOMESTIC NUCLEAR DETECTION OFFICE 

14 MANAGEMENT AND ADMINISTRATION

15 For salaries and expenses of the Domestic Nuclear 

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

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

20 be for official reception and representation expenses. 

21 RESEARCH, DEVELOPMENT, AND OPERATIONS

22 For necessary expenses for radiological and nuclear 

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

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

25 2014. 


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1 SYSTEMS ACQUISITION

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

4 systems in accordance with the global nuclear detection 

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

8 shall be obligated for full-scale procurement of advanced 

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

12 report certifying that a significant increase in operational 

13 effectiveness will be achieved by such obligation: Provided 

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

16 spectroscopic portal monitors for primary and secondary 

17 deployment that address the unique requirements for 

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

20 with the National Academy of Sciences before making 

21 such certifications: Provided further, That none of the 

22 funds appropriated under this heading shall be used for 

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


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1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS OF FUNDS)

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

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

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

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

10 to appropriation accounts for such activities established 

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

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

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

16 provided by previous appropriations Acts to the agencies 

17 in or transferred to the Department of Homeland Security 

18 that remain available for obligation or expenditure in fiscal 

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

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

22 for obligation or expenditure through a reprogramming of 

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

24 activity; (2) eliminates a program, project, office, or activ25 ity; (3) increases funds for any program, project, or activVerDate Mar 15 2010 00:14 Jun 07, 2011 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H2017.RFS H2017

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

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

3 activity by either of the Committees on Appropriations of 

4 the Senate or the House of Representatives for a different 

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

6 which funding levels were requested for Federal full-time 

7 equivalents in the object classification tables contained in 

8 the fiscal year 2012 Budget Appendix for the Department 

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

12 Representatives are notified 15 days in advance of such 

13 reprogramming of funds. 

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

15 by previous appropriations Acts to the agencies in or 

16 transferred to the Department of Homeland Security that 

17 remain available for obligation or expenditure in fiscal 

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

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

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

21 be available for obligation or expenditure for programs, 

22 projects, or activities through a reprogramming of funds 

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

24 that: (1) augments existing programs, projects, or activi25 ties; (2) reduces by 10 percent funding for any existing 


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

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

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

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

6 unless the Committees on Appropriations of the Senate 

7 and the House of Representatives are notified 15 days in 

8 advance of such reprogramming of funds. 

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

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

12 previous appropriations Acts may be transferred between 

13 such appropriations, but no such appropriation, except as 

14 otherwise specifically provided, shall be increased by more 

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

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

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

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

22 this section, no funds shall be reprogrammed within or 

23 transferred between appropriations after June 30, except 

24 in extraordinary circumstances that imminently threaten 

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


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1 (e) The notification thresholds and procedures set 

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

3 balances of funds provided in previous Department of 

4 Homeland Security Appropriations Acts. 

5 SEC. 504. The Department of Homeland Security 

6 Working Capital Fund, established pursuant to section 

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

8 continue operations as a permanent working capital fund 

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

11 of Homeland Security may be used to make payments to 

12 the Working Capital Fund, except for the activities and 

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

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

17 Fund: Provided further, That all departmental components 

18 shall be charged only for direct usage of each Working 

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

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

23 paid in advance or reimbursed at rates which will return 

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


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1 Working Capital Fund shall be subject to the require2 ments of section 503 of this Act. 

3 SEC. 505. Except as otherwise specifically provided 

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

5 remaining available at the end of fiscal year 2012 from 

6 appropriations for salaries and expenses for fiscal year 

7 2012 in this Act shall remain available through September 

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

9 the appropriations were provided: Provided, That prior to 

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

11 to the Committees on Appropriations of the Senate and 

12 the House of Representatives for approval in accordance 

13 with section 503 of this Act. 

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

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

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

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

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

22 be used to— 

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

24 contract, other transaction agreement, task or deliv25 ery order on a Department of Homeland Security 


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1 multiple award contract, or to issue a letter of intent 

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

3 (2) award a task order requiring an obligation 

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

5 from multi-year Department of Homeland Security 

6 funds or a task order that would cause cumulative 

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

8 exceed 50 percent of the total amount appropriated; 

9 or 

10 (3) announce publicly the intention to make or 

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

12 a contract covered by the Federal Acquisition Regu13 lation. 

14 (b) The Secretary of Homeland Security may waive 

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

17 the House of Representatives at least three full business 

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

19 as described in that subsection. 

20 (c) If the Secretary of Homeland Security determines 

21 that compliance with this section would pose a substantial 

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

23 made without notification, then the Secretary shall notify 

24 the Committees on Appropriations of the Senate and the 


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1 House of Representatives not later than five full business 

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

3 (d) A notification under this section— 

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

5 for obligation; and 

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

7 fiscal year for which the funds for the award were 

8 appropriated, and the account from which the funds 

9 are being drawn. 

10 (e) The Administrator of the Federal Emergency 

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

13 five full business days in advance of announcing publicly 

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

15 Programs’’ 

16 SEC. 508. Notwithstanding any other provision of 

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

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

20 law enforcement training without the advance approval of 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives, except that the Federal Law 

23 Enforcement Training Center is authorized to obtain the 

24 temporary use of additional facilities by lease, contract, 


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

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

5 for any construction, repair, alteration, or acquisition 

6 project for which a prospectus otherwise required under 

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

8 approved, except that necessary funds may be expended 

9 for each project for required expenses for the development 

10 of a proposed prospectus. 

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

14 shall apply with respect to funds made available in this 

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

16 made available in that Act. 

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

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

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

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

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

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

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


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1 the transmission to Congress of any report prepared under 

2 paragraph (6) of such subsection. 

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

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

5 by section 337 of the Immigration and Nationality Act 

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

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

8 month, the Chief Financial Officer of the Department of 

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

12 that includes total obligations, on-board versus funded 

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

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

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

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

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

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

24 air cargo, baggage, and checkpoint screening systems, 

25 subject to notification: Provided, That quarterly reports 


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1 shall be submitted to the Committees on Appropriations 

2 of the Senate and the House of Representatives on any 

3 funds that are so recovered or deobligated. 

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

5 Acquisition, Construction, and Improvements’’ for fiscal 

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

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

9 mediation, or litigation, shall be available until expended 

10 for the Fast Response Cutter program. 

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

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

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

16 as inherently governmental for the purpose of the Federal 

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

18 note). 

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

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

21 to the Office of the Secretary and Executive Management, 

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

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

24 a grant or contract funded under such headings by any 

25 means other than full and open competition. 


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

2 funds for a contract awarded— 

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

4 statute, including obligation for a purchase made 

5 under a mandated preferential program, including 

6 the AbilityOne Program, that is authorized under 

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

8 seq.); 

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

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

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

13 the Federal Property and Administrative Services 

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

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

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

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

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

21 to human health or welfare. 

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

23 the Secretary of Homeland Security issues a waiver under 

24 this subsection, the Secretary shall submit notification of 

25 that waiver to the Committees on Appropriations of the 


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

3 applies and an explanation of why the waiver authority 

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

5 the authority to grant such a waiver. 

6 (d) In addition to the requirements established by 

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

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

10 than a full and open competition to assess departmental 

11 compliance with applicable laws and regulations: Provided, 

12 That the Inspector General shall review selected contracts 

13 awarded in the previous fiscal year through means other 

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

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

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

19 past performance problems on similar contracts or by the 

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

22 the Inspector General deems relevant: Provided further, 

23 That the Inspector General shall report the results of the 

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

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

4 any previous appropriations Acts shall be used to fund any 

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

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

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

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

11 of the Intelligence Reform and Terrorism Prevention Act 

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

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

16 to civil aviation security. 

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

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

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

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

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

23 the results of background checks required by law to be 

24 completed prior to the granting of the benefit have been 

25 received by United States Citizenship and Immigration 


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

2 the benefit. 

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

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

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

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

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

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

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

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

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

16 30, 2012,’’; and 

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

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

19 SEC. 526. The Secretary of Homeland Security shall 

20 require that all contracts of the Department of Homeland 

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

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

25 Office of the Secretary and Executive Management under 


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

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

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

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

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

8 to prevent an individual not in the business of importing 

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

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

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

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

16 further, That the prescription drug may not be— 

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

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

19 802); or 

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

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

22 262). 

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

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


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1 the House of Representatives of any proposed transfers 

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

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

4 from the Department of the Treasury Forfeiture Fund to 

5 any agency within the Department of Homeland Security: 

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

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

9 approve the proposed transfers. 

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

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

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

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

17 Illegal Immigration Reform and Immigrant Responsibility 

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

20 of the Senate and the House of Representatives that no 

21 security risks will result from such non-participation. 

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

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

24 days after the date on which the President determines 

25 whether to declare a major disaster because of an event 


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

4 Security of the House of Representatives, the Committee 

5 on Transportation and Infrastructure of the House of 

6 Representatives, and the Committees on Appropriations of 

7 the Senate and the House of Representatives, and publish 

8 on the website of the Federal Emergency Management 

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

11 whether to declare a major disaster. 

12 (b) The Administrator may redact from a report 

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

15 (c) In this section— 

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

18 Agency; and 

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

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

21 Stafford Disaster Relief and Emergency Assistance 

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

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

24 of law during fiscal year 2012 or any subsequent fiscal 

25 year, if the Secretary of Homeland Security determines 


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

3 Secretary shall ensure that the Administrator of General 

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

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

8 and meet program requirements. 

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

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

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

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

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

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

22 to report or certify to the Committees on Appropriations 

23 of the Senate and the House of Representatives may not 

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


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1 SEC. 535. Section 550(b) of the Department of 

2 Homeland Security Appropriations Act, 2007 (Public Law 

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

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

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

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

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

11 other detainee who— 

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

13 of the Armed Forces of the United States; and 

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

15 at the United States Naval Station, Guantanamo 

16 Bay, Cuba, by the Department of Defense. 

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

18 Act may be used for first-class travel by the employees 

19 of agencies funded by this Act in contravention of sections 

20 301–10.122 through 301.10–124 of title 41, Code of Fed21 eral Regulations. 

22 SEC. 538. None of the funds made available in this 

23 Act may be used to propose or effect a disciplinary or ad24 verse action, with respect to any Department of Homeland 

25 Security employee who engages regularly with the public 


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1 in the performance of his or her official duties solely be2 cause that employee elects to utilize protective equipment 

3 or measures, including but not limited to surgical masks, 

4 N95 respirators, gloves, or hand-sanitizers, where use of 

5 such equipment or measures is in accord with Department 

6 of Homeland Security policy, and Centers for Disease 

7 Control and Prevention and Office of Personnel Manage8 ment guidance. 

9 SEC. 539. None of the funds made available in this 

10 Act may be used to employ workers described in section 

11 274A(h)(3) of the Immigration and Nationality Act (8 

12 U.S.C. 1324a(h)(3)). 

13 SEC. 540. (a) Any company that collects or retains 

14 personal information directly from any individual who par15 ticipates in the Registered Traveler program of the Trans16 portation Security Administration shall safeguard and dis17 pose of such information in accordance with the require18 ments in— 

19 (1) the National Institute for Standards and 

20 Technology Special Publication 800–30, entitled 

21 ‘‘Risk Management Guide for Information Tech22 nology Systems’’; 

23 (2) the National Institute for Standards and 

24 Technology Special Publication 800–53, Revision 3, 


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1 entitled ‘‘Recommended Security Controls for Fed2 eral Information Systems and Organizations’’; and 

3 (3) any supplemental standards established by 

4 the Assistant Secretary of Homeland Security 

5 (Transportation Security Administration) (referred 

6 to in this section as the ‘‘Assistant Secretary’’). 

7 (b) The airport authority or air carrier operator that 

8 sponsors the company under the Registered Traveler pro9 gram shall be known as the Sponsoring Entity. 

10 (c) The Assistant Secretary shall require any com11 pany covered by subsection (a) to provide, not later than 

12 30 days after the date of enactment of this Act, to the 

13 Sponsoring Entity written certification that the proce14 dures used by the company to safeguard and dispose of 

15 information are in compliance with the requirements 

16 under subsection (a). Such certification shall include a de17 scription of the procedures used by the company to comply 

18 with such requirements. 

19 (d) Not later than 90 days after the date of enact20 ment of this Act, the Assistant Secretary shall submit to 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives a report that includes a descrip23 tion of— 


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1 (1) the procedures that have been used to safe2 guard and dispose of personal information collected 

3 through the Registered Traveler program; and 

4 (2) the status of any certifications required to 

5 be submitted by subsection (c). 

6 SEC. 541. Notwithstanding any other provision of 

7 this Act, none of the funds appropriated or otherwise 

8 made available by this Act may be used to pay award or 

9 incentive fees for contractor performance that has been 

10 judged to be below satisfactory performance or perform11 ance that does not meet the basic requirements of a con12 tract. 

13 SEC. 542. (a) Not later than 180 days after the date 

14 of enactment of this Act, the Assistant Secretary of Home15 land Security (Transportation Security Administration) 

16 shall submit to the Committees on Appropriations of the 

17 Senate and the House of Representatives, a report that 

18 either— 

19 (1) certifies that the requirement for screening 

20 all air cargo on passenger aircraft by the deadline 

21 under section 44901(g) of title 49, United States 

22 Code, has been met; or 

23 (2) includes a strategy to comply with the re24 quirements under title 44901(g) of title 49, United 

25 States Code, including— 


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1 (A) a plan to meet the requirement under 

2 section 44901(g) of title 49, United States 

3 Code, to screen 100 percent of air cargo trans4 ported on passenger aircraft arriving in the 

5 United States in foreign air transportation (as 

6 that term is defined in section 40102 of that 

7 title); and 

8 (B) specification of— 

9 (i) the percentage of such air cargo 

10 that is being screened; and 

11 (ii) the schedule for achieving screen12 ing of 100 percent of such air cargo. 

13 (b) The Assistant Secretary shall continue to submit 

14 reports described in subsection (a)(2) every 180 days 

15 thereafter until the Assistant Secretary certifies that the 

16 Transportation Security Administration has achieved 

17 screening of 100 percent of such air cargo. 

18 SEC. 543. In developing any process to screen avia19 tion passengers and crews for transportation or national 

20 security purposes, the Secretary of Homeland Security 

21 shall ensure that all such processes take into consideration 

22 such passengers’ and crews’ privacy and civil liberties con23 sistent with applicable laws, regulations, and guidance. 

24 SEC. 544. Sections 1309(a) and 1319 of the National 

25 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 


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1 4026) shall each be amended by striking ‘‘September 30, 

2 2011’’ and inserting ‘‘September 30, 2012’’. 

3 SEC. 545. (a) Notwithstanding section 1356(n) of 

4 title 8, United States Code, of the funds deposited into 

5 the Immigration Examinations Fee Account, $8,500,000 

6 is available to United States Citizenship and Immigration 

7 Services in fiscal year 2012 for the purpose of providing 

8 an immigrant integration grants program. 

9 (b) None of the funds made available to United 

10 States Citizenship and Immigration Service for grants for 

11 immigrant integration may be used to provide services to 

12 aliens who have not been lawfully admitted for permanent 

13 residence. 

14 SEC. 546. Of the funds transferred to the Depart15 ment of Homeland Security when it was created in 2003, 

16 the following funds are hereby rescinded from the fol17 lowing accounts and programs in the specified amounts: 

18 (1) $20,997,225 from ‘‘U.S. Immigration and 

19 Customs Enforcement, Salaries and Expenses’’. 

20 (2) $594,945 from ‘‘Violent Crime Reduction 

21 Programs’’. 

22 SEC. 547. Of the following unobligated balances 

23 available for ‘‘Department of Homeland Security, U.S. 

24 Immigration and Customs Enforcement, Construction’’, 

25 $11,300,000 is rescinded. 


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1 TITLE VI 

2 EMERGENCY SUPPLEMENTAL FUNDING FOR 

3 DISASTER RELIEF 

4 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

5 SEC. 601. Effective on the date of the enactment of 

6 this Act, of the unobligated balances remaining available 

7 to the Department of Energy pursuant to section 129 of 

8 the Continuing Appropriations Resolution, 2009 (division 

9 A of Public Law 110–329), $500,000,000 is rescinded and 

10 $1,000,000,000 is hereby transferred to and merged with 

11 ‘‘Department of Homeland Security—Federal Emergency 

12 Management Agency—Disaster Relief’’: Provided, That 

13 the amount transferred by this section is designated as 

14 an emergency pursuant to section 3(c)(1) of H. Res. 5 

15 (112th Congress). 

16 TITLE VII 

17 SPENDING REDUCTION ACCOUNT 

18 SEC. 701. The amount by which the applicable alloca19 tion of new budget authority made by the Committee on 

20 Appropriations of the House of Representatives under sec21 tion 302(b) of the Congressional Budget Act of 1974 ex22 ceeds the amount of proposed new budget authority is $0 

23 (increased by $600,000). 

24 SEC. 702. None of the funds made available by this 

25 Act may be used in contravention of section 642(a) of the 


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1 Illegal Immigration Reform and Immigrant Responsibility 

2 Act of 1996 (8 U.S.C. 1373(a)). 

3 SEC. 703. None of the funds made available by this 

4 Act may be used to parole an alien into the United States, 

5 or grant deferred action of a final order of removal, for 

6 any reason other than on a case-by-case basis for urgent 

7 humanitarian reasons or significant public benefit. 

8 SEC. 704. None of the funds made available under 

9 this Act may be used to require an approved Transpor10 tation Worker Identification Credential (TWIC) applicant 

11 to personally appear at a designated enrollment center for 

12 the purpose of TWIC issuance, renewal, or activation. 

13 SEC. 705. None of the funds made available by this 

14 Act may be used by the Department of Homeland Security 

15 to lease or purchase new light duty vehicles, for any execu16 tive fleet, or for an agency’s fleet inventory, except in ac17 cordance with Presidential Memorandum-Federal Fleet 

18 Performance, dated May 24, 2011. 

19 SEC. 706. None of the funds made available by this 

20 Act may be used in contravention of section 44917 of title 

21 49, United States Code. 

22 SEC. 707. None of the funds made available by this 

23 Act may be used for the Climate Change Adaptation Task 

24 Force of the Department of Homeland Security. 


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1 SEC. 708. None of the funds made available by this 

2 Act may be used to enforce the requirements in— 

3 (1) section 34(a)(1)(A) of the Federal Fire Pre4 vention and Control Act of 1974 (15 U.S.C. 

5 2229(a)(1)(A)); 

6 (2) section 34(a)(1)(B) of such Act; 

7 (3) section 34(c)(1) of such Act; 

8 (4) section 34(c)(2) of such Act; 

9 (5) section 34(c)(4)(A) of such Act; and 

10 (6) section 34(a)(1)(E) of such Act. 

11 SEC. 709. None of the funds made available by this 

12 Act shall be made available to the Association of Commu13 nity Organizations for Reform Now, Acorn Beneficial 

14 Assoc., Inc., Arkansas Broadcast Foundation, Inc., Acorn 

15 Children’s Beneficial Assoc., Arkansas Community Hous16 ing Corp., Acorn Community Land Assoc., Inc., Acorn 

17 Community Land Assoc. of Illinois, Acorn Community 

18 Land Association of Louisiana, Acorn Community Land 

19 Assoc. of Pennsylvania, ACORN COMMUNITY LABOR 

20 ORGANIZING CENTER, ACORN Beverly LLC, 

21 ACORN Canada, ACORN Center for Housing, ACORN 

22 Housing Affordable Loans LLC, Acorn Housing 1 Associ23 ates, LP, Acorn Housing 2 Associates, LP, ACORN 

24 Housing 3 Associates LP, ACORN Housing 4 Associates, 

25 L.P., ACORN International, ACORN VOTES, Acorn 


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1 2004 Housing Development Fund Corporation, ACRMW, 

2 ACSI, Acorn Cultural Trust, Inc., American Environ3 mental Justice Project, Inc., ACORN Fund, Inc., Acorn 

4 Fair Housing Organization, Inc., Acorn Foster Parents, 

5 Inc., Agape Broadcast Foundation Inc., Acorn Housing 

6 Corporation, Arkansas Acorn Housing Corporation, Acorn 

7 Housing Corp. of Arizona, Acorn Housing Corp. of Illi8 nois, Acorn Housing Corp. of Missouri, New Jersey 

9 ACORN Housing Corporation, Inc., AHCNY, Acorn 

10 Housing Corp. of Pennsylvania, Texas ACORN Housing 

11 Corporation, Inc., American Institute for Social Justice, 

12 Acorn law for Education, Rep. & Training, Acorn Law Re13 form Pac, Affiliated Media Foundation Movement, Albu14 querque Minimum Wage Committee, Acorn National 

15 Broadcasting Network, Arkansas New Party, Arkansas 

16 Acorn Political Action Committee, Association for Rights 

17 of Citizens, Acorn Services, Inc., Acorn Television in Ac18 tion for Communities, Acorn Tenants’ Union, Inc., Acorn 

19 Tenant Union Training & Org. Project, AWA, Baltimore 

20 Organizing Support Center, Inc., Bronx Parent Leader21 ship, Baton Rouge ACORN Education Project, Inc., 

22 Baton Rouge Assoc. of School Employees, Broad Street 

23 Corporation, California Acorn Political Action Committee, 

24 Citizens Action Research Project, Council Beneficial Asso25 ciation, Citizens Campaign for Fair Work, Living Wage 


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1 Etc., Citizens Consulting, Inc., California Community 

2 Network, Citizens for April Troope, Clean Government 

3 Pac, Chicago Organizing and Support Center, Inc., Coun4 cil Health Plan, Citizens Services Society, Campaign For 

5 Justice at Avondale, CLOC, Community and Labor for 

6 Baltimore, Chief Organizer Fund, Colorado Organizing 

7 and Support Center, Community Real Estate Processing, 

8 Inc., Campaign to Reward Work, Citizens Services Incor9 porated, Elysian Fields Corporation, Environmental Jus10 tice Training Project, Inc., Franklin Acorn Housing Cor11 poration, Flagstaff Broadcast Foundation, Floridians for 

12 All PAC, Fifteenth Street Corporation, Friends of Wendy 

13 Foy, Greenwell Springs Corporations, Genevieve Stewart 

14 Campaign Fund, Hammurabi Fund, Houston Organizing 

15 Support Center, Hospitality Hotel and Restaurant Org. 

16 Council, Iowa ACORN Broadcasting Corp., Illinois Home 

17 Day Care Workers Association, Inc., Illinois Acorn Polit18 ical Action Committee, Illinois New Party, Illinois New 

19 Party Political Committee, Institute for Worker Edu20 cation, Inc., Jefferson Association of Parish Employees, 

21 Jefferson Association of School Employees, Johnnie Pugh 

22 Campaign Fund, Louisiana ACORN, New York Commu23 nities for Change, Affordable Housing Centers of America, 

24 Action Now, Pennsylvania Communities Organizing for 

25 Change, Arkansas Community Organizations (ACO), The 


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1 Alliance of Californians for Community Empowerment, 

2 New England United for Justice, Texas Organizing 

3 Project, Minnesota, Neighborhoods Organizing for 

4 Change, Organization United for Reform, Missourians Or5 ganizing for Reform and Empowerment, A Community 

6 Voice, Community Organizations International, Applied 

7 Research Center, or the Working Families Party. 

8 SEC. 710. None of the funds made available by this 

9 Act may be used in contravention of section 236(c) of the 

10 Immigration and Nationality Act (8 U.S.C. 1226(c)). 

11 SEC. 711. None of the funds made available by this 

12 Act may be used for any action by a political appointee 

13 (as that term is defined in section 106 of title 49, United 

14 States Code) to delay, vacate, or reverse any decision by 

15 an employee in the Privacy Office of the Department of 

16 Homeland Security to make records available pursuant to 

17 section 552 of title 5, United States Code, popularly 

18 known as the Freedom of Information Act. 

19 SEC. 712. None of the funds made available by this 

20 Act may be used to implement the determination of the 

21 Administrator of the Transportation Security Administra22 tion regarding transportation security officers and collec23 tive bargaining as described in the decision memorandum 

24 dated February 4, 2011. 


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1 SEC. 713. None of the funds made available by this 

2 Act may be used to implement any rule, regulation, or ex3 ecutive order regarding the disclosure of political contribu4 tions that takes effect on or after the date of enactment 

5 of this Act. 

6 SEC. 714. Of the amount made available for screen7 ing operations under the heading: ‘‘Transportation Secu8 rity Administration—Aviation Security’’, not more than 

9 $2,760,503,458 may be used for screener personnel, com10 pensation, and benefits. 

11 This Act may be cited as the ‘‘Department of Home12 land Security Appropriations Act, 2012’’. 

Passed the House of Representatives June 2, 2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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