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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3607 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 466
111th CONGRESS
  2d Session
                                S. 3607

                          [Report No. 111-222]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2011, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2010

  Mr. Lautenberg, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2011, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2011, and for other purposes, namely:

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $150,605,000: Provided, That 
not to exceed $60,000 shall be for official reception and 
representation expenses, of which $20,000 shall be made available to 
the Office of Policy solely to host Visa Waiver Program negotiations in 
Washington, DC: Provided further, That all official costs associated 
with the use of Government aircraft by Department of Homeland Security 
personnel to support official travel of the Secretary and the Deputy 
Secretary shall be paid from amounts made available for the Immediate 
Office of the Secretary and the Immediate Office of the Deputy 
Secretary: Provided further, That $50,000,000 shall not be available 
for obligation until the Secretary submits: a comprehensive risk 
assessment and national security strategy for the railroad sector as 
required by the Implementing Recommendations of the 9/11 Commission Act 
(Public Law 110-53); a detailed timeline for meeting all remaining 
congressional requirements for surface transportation security included 
in Public Law 110-53; and a comprehensive plan on how the Department 
will meet the recommendations outlined in the Surface Transportation 
Security Priority Assessment by the National Security Council: Provided 
further, That $25,000,000 shall not be available for obligation until 
the Secretary submits a comprehensive plan to implement a biometric air 
exit capability in fiscal year 2011 to the Committees on Appropriations 
of the Senate and the House of Representatives.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $239,933,000, of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount made available under this 
heading, $5,000,000 shall remain available until expended solely for 
the alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations at 
the Nebraska Avenue Complex; and $14,641,000 shall remain available 
until expended for the Human Resources Information Technology program.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $64,480,000, of which $11,000,000 shall remain 
available until expended for financial systems consolidation efforts.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$382,459,000; of which $82,727,000 shall be available for salaries and 
expenses; and of which $299,732,000, to remain available until 
expended, shall be available for development and acquisition of 
information technology equipment, software, services, and related 
activities for the Department of Homeland Security: Provided, That of 
the total amount appropriated, not less than $83,948,000 shall be 
available for data center development, of which not less than 
$27,730,000 shall be available for power capabilities upgrades and 
facility construction projects at Data Center One (National Center for 
Critical Information Processing and Storage): Provided further, That 
the Chief Information Officer shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, not more 
than 60 days after the date of enactment of this Act, an expenditure 
plan for all information technology acquisition projects that: (1) are 
funded under this heading; or (2) are funded by multiple components of 
the Department of Homeland Security through reimbursable agreements: 
Provided further, That such expenditure plan shall include each 
specific project funded, key milestones, all funding sources for each 
project, details of annual and lifecycle costs, and projected cost 
savings or cost avoidance to be achieved by the project: Provided 
further, That $75,000,000 shall not be available for obligation until 
the submission of the expenditure plan to the Committees on 
Appropriations of the Senate and the House of Representatives.

                        Analysis and Operations

    For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $340,000,000, of which not 
to exceed $5,000 shall be for official reception and representation 
expenses; and of which $53,975,000 shall remain available until 
September 30, 2012: Provided, That $20,000,000 shall be withheld from 
obligation until an expenditure plan for the Office of Intelligence and 
Analysis is received by the Committees on Appropriations of the Senate 
and House of Representatives: Provided further, That none of the funds 
provided in this or any other Act shall be available to commence 
operations of the National Immigration Information Sharing Operation or 
any follow-on entity until the Secretary certifies that such program 
complies with all existing laws, including all applicable privacy and 
civil liberties standards, the Comptroller General of the United States 
notifies the Committees on Appropriations of the Senate and the House 
of Representatives and the Secretary that the Comptroller has reviewed 
such certification, and the Secretary notifies the Committees on 
Appropriations of the Senate and the House of Representatives of all 
funds to be expended on operations of the National Immigration 
Information Sharing Operation or any follow-on entity pursuant to 
section 503 of this Act.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $116,806,000, of which not to exceed $300,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and transportation of 
unaccompanied minor aliens; purchase and lease of up to 8,000 (7,000 
for replacement only) police-type vehicles; and contracting with 
individuals for personal services abroad; $8,290,986,000, of which 
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for 
administrative expenses related to the collection of the Harbor 
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $45,000 shall be for official reception and 
representation expenses; of which not less than $314,052,000 shall be 
for Air and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of 
which not to exceed $150,000 shall be available for payment for rental 
space in connection with preclearance operations; and of which not to 
exceed $1,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security: Provided, That for fiscal year 2011, the overtime 
limitation prescribed in section 5(c)(1) of the Act of February 13, 
1911 (19 U.S.C. 267(c)(1)) shall be $35,000, and notwithstanding any 
other provision of law, none of the funds appropriated by this Act may 
be available to compensate any employee of U.S. Customs and Border 
Protection for overtime, from whatever source, in an amount that 
exceeds such limitation, except in individual cases determined by the 
Secretary of Homeland Security, or the designee of the Secretary, to be 
necessary for national security purposes, to prevent excessive costs, 
or in cases of immigration emergencies: Provided further, That of the 
total amount provided, $1,700,000 shall remain available until 
September 30, 2012, for the Global Advanced Passenger Information/
Passenger Name Record Program: Provided further, That the Border Patrol 
shall maintain an active duty presence of not less than 20,370 agents 
protecting the borders of the United States throughout the fiscal year.

                        automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $347,575,000, to remain available until expended, of which not 
less than $153,090,000 shall be for the development of the Automated 
Commercial Environment: Provided, That of the total amount made 
available under this heading, $50,000,000 may not be obligated for the 
Automated Commercial Environment program until 30 days after the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a report on the results to date and a detailed 
expenditure plan for the program from the Department of Homeland 
Security.

        border security fencing, infrastructure, and technology

    For expenses for border security fencing, infrastructure, and 
technology, $574,173,000, to remain available until expended: Provided, 
That of the total amount made available under this heading, $75,000,000 
shall not be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives receive and approve a plan for 
expenditure, prepared by the Secretary of Homeland Security, reviewed 
by the Government Accountability Office, and submitted not later than 
90 days after the date of the enactment of this Act, for a program to 
establish and maintain a security barrier along the borders of the 
United States, of fencing and vehicle barriers where practicable, and 
of other forms of tactical infrastructure and technology.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel; the interdiction of 
narcotics and other goods; the provision of support to Federal, State, 
and local agencies in the enforcement or administration of laws 
enforced by the Department; and at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State, and 
local agencies in other law enforcement and emergency humanitarian 
efforts, $523,751,000, to remain available until expended: Provided, 
That no aircraft or other related equipment, with the exception of 
aircraft that are one of a kind and have been identified as excess to 
U.S. Customs and Border Protection requirements and aircraft that have 
been damaged beyond repair, shall be transferred to any other Federal 
agency, department, or office outside of the Department in fiscal year 
2011 without the prior approval of the Committees on Appropriations of 
the Senate and the House of Representatives.

                 construction and facilities management

                    (including rescission of funds)

    For necessary expenses to plan, acquire, construct, renovate, 
equip, and maintain buildings and facilities necessary for the 
administration and enforcement of the laws relating to customs, 
immigration, and border security, $279,740,000, to remain available 
until expended; of which $4,000,000 shall be for constructing and 
equipping the Advanced Training Center: Provided, That for fiscal year 
2012 and hereafter, the annual budget submission of U.S. Customs and 
Border Protection for ``Construction and Facilities Management'' shall, 
in consultation with the General Services Administration, include a 
detailed 5-year plan for all Federal land border port of entry projects 
with a yearly update of total projected future funding needs delineated 
by land port of entry.
    Of the unobligated balances available under the headings 
``Construction'' and ``Construction and Facilities Management'' of 
prior year appropriations for construction projects, $99,772,000 are 
rescinded: Provided, That amounts rescinded shall be limited to Border 
Patrol projects and facilities: Provided further, That no amounts may 
be rescinded from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$5,466,462,000, of which not to exceed $10,000,000 shall be available 
until expended for conducting special operations under section 3131 of 
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $2,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security; of which not less 
than $305,000 shall be for promotion of public awareness of the child 
pornography tipline and anti-child exploitation activities; of which 
not less than $5,400,000 shall be used to facilitate agreements 
consistent with section 287(g) of the Immigration and Nationality Act 
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be 
available to fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation of smuggled 
aliens unlawfully present in the United States: Provided, That none of 
the funds made available under this heading shall be available to 
compensate any employee for overtime in an annual amount in excess of 
$35,000, except that the Secretary, or the designee of the Secretary, 
may waive that amount as necessary for national security purposes and 
in cases of immigration emergencies: Provided further, That of the 
total amount provided, $15,770,000 shall be for activities in fiscal 
year 2011 to enforce laws against forced child labor, of which not to 
exceed $6,000,000 shall remain available until expended: Provided 
further, That the Secretary shall prioritize the identification and 
removal of aliens convicted of a crime by the severity of that crime: 
Provided further, That nothing under this heading shall prevent U.S. 
Immigration and Customs Enforcement from exercising those authorities 
provided under immigration laws (as defined in section 101(a)(17) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) during 
priority operations pertaining to aliens convicted of a crime: Provided 
further, That funding made available under this heading shall maintain 
a level of not less than 33,400 detention beds through September 30, 
2011: Provided further, That of the total amount provided, not less 
than $2,618,237,000 is for detention and removal operations, including 
transportation of unaccompanied minor aliens: Provided further, That of 
the total amount provided, $7,300,000 shall remain available until 
September 30, 2012, for the Visa Security Program: Provided further, 
That none of the funds provided under this heading may be used to 
continue a delegation of law enforcement authority authorized under 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been violated: Provided further, That none of the funds 
provided under this heading may be used to continue any contract for 
the provision of detention services if the two most recent overall 
performance evaluations received by the contracted facility are less 
than adequate or the equivalent median score in any subsequent 
performance evaluation system: Provided further, That any sale or 
collocation of federally owned detention facilities shall not result in 
the maintenance of fewer than 33,400 detention beds: Provided further, 
That the Committees on Appropriations shall be notified 15 days prior 
to the announcement of any proposed sale or collocation of a federally 
owned detention facility.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $84,700,000, to remain available until expended: Provided, 
That of the funds made available under this heading, $10,000,000 shall 
not be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives receive an expenditure plan prepared 
by the Assistant Secretary of U.S. Immigration and Customs Enforcement.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71), $5,490,549,000, to remain available until September 30, 2012, 
of which not to exceed $10,000 shall be for official reception and 
representation expenses: Provided, That of the total amount made 
available under this heading, not to exceed $4,400,012,000 shall be for 
screening operations, of which $678,325,000 shall be available for 
explosives detection systems; and not to exceed $1,090,537,000 shall be 
for aviation security direction and enforcement: Provided further, That 
of the amount made available in the preceding proviso for explosives 
detection systems, $355,000,000 shall be available for the purchase and 
installation of these systems, of which not less than 8 percent shall 
be available for the purchase and installation of certified explosives 
detection systems at medium- and small-sized airports: Provided 
further, That any award to deploy explosives detection systems shall be 
based on risk, the airport's current reliance on other screening 
solutions, lobby congestion resulting in increased security concerns, 
high injury rates, airport readiness, and increased cost effectiveness: 
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security: Provided further, That the sum appropriated under 
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received in fiscal year 
2011, so as to result in a final fiscal year appropriation from the 
general fund of not more than $3,390,549,000: Provided further, That 
any security service fees collected in excess of the amount made 
available under this heading shall be available for fiscal year 2012: 
Provided further, That Members of the House of Representatives and 
Senate, including the leadership; the heads of Federal agencies and 
commissions, including the Secretary, Deputy Secretary, Under 
Secretaries, and Assistant Secretaries of the Department of Homeland 
Security; the Attorney General, or Assistant Attorneys General, or the 
United States attorneys; and senior members of the Executive Office of 
the President, including the Director of the Office of Management and 
Budget; shall not be exempt from Federal passenger and baggage 
screening.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to surface transportation security activities, 
$137,558,000, to remain available until September 30, 2012.

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $147,224,000, to remain available until September 
30, 2012:  Provided, That if the Assistant Secretary of Homeland 
Security (Transportation Security Administration) determines that the 
Secure Flight program does not need to check airline passenger names 
against the full terrorist watchlist, the Assistant Secretary shall 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives not later than December 31, 2010, that no 
significant security risks are raised by screening airline passenger 
names only against a subset of the full terrorist watchlist.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71), $1,047,929,000, to remain available until 
September 30, 2012: Provided, That of the funds appropriated under this 
heading, $50,000,000 may not be obligated for headquarters 
administration until the Assistant Secretary of Homeland Security 
(Transportation Security Administration) submits to the Committees on 
Appropriations of the Senate and the House of Representatives detailed 
expenditure plans for air cargo security, and for checkpoint support 
and explosives detection systems refurbishment, procurement, and 
installations on an airport-by-airport basis for fiscal year 2011: 
Provided further, That such plans shall be submitted no later than 60 
days after the date of enactment of this Act.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $950,015,000.

                              Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $26,000,000; minor 
shore construction projects not exceeding $1,000,000 in total cost at 
any location; payments pursuant to section 156 of Public Law 97-377 (42 
U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 
$6,970,681,000, of which $594,461,000 shall be for defense-related 
activities, of which $254,461,000 is for overseas deployments and other 
activities; of which $24,500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to 
exceed $20,000 shall be for official reception and representation 
expenses: Provided, That none of the funds made available by this or 
any other Act shall be available for administrative expenses in 
connection with shipping commissioners in the United States: Provided 
further, That none of the funds made available by this Act shall be for 
expenses incurred for recreational vessels under section 12114 of title 
46, United States Code, except to the extent fees are collected from 
yacht owners and credited to this appropriation: Provided further, That 
the Coast Guard shall comply with the requirements of section 527 of 
the National Defense Authorization Act for 2004 (10 U.S.C. 4331 note) 
with respect to the Coast Guard Academy: Provided further, That of the 
funds made available under this heading, $75,000,000 shall be withheld 
from obligation for Headquarters Directorates until: (1) the fiscal 
year 2011 second quarter acquisition report; (2) the annual review of 
the Revised Deepwater Implementation Plan; and (3) the future-years 
capital investment plan for fiscal years 2012-2016 are received by the 
Committees on Appropriations of the Senate and the House of 
Representatives: Provided further, That funds made available under this 
heading for overseas deployments and other activities may be allocated 
by program, project, and activity, notwithstanding section 503 of this 
Act.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the Coast Guard under chapter 19 of title 
14, United States Code, $13,329,000, to remain available until 
expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $135,675,000.

              acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,582,578,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $13,965,000 shall be derived from the 
Coast Guard Housing Fund, established pursuant to 14 U.S.C. 687, and 
shall remain available until expended for military family housing; of 
which $62,000,000 shall be available until September 30, 2015, to 
acquire, effect major repairs, renovate, or improve vessels, small 
boats, and related equipment; of which $36,000,000 shall be available 
until September 30, 2013, for other equipment; of which $108,350,000 
shall be available until September 30, 2013, for shore facilities and 
aids to navigation facilities, including not less than $23,500,000 for 
waterfront improvements and support facilities for buoy tender 
operations at Naval Station Newport, not less than $18,100,000 for the 
Coast Guard Sector Honolulu Command and Interagency Operations Center, 
and not less than $21,050,000 for Coast Guard Station Cleveland Harbor; 
of which $107,561,000 shall be available for personnel compensation and 
benefits and related costs; and of which $1,233,502,000 shall be 
available until September 30, 2015, for the Integrated Deepwater 
Systems program: Provided, That of the funds made available for the 
Integrated Deepwater Systems program, $112,000,000 is for aircraft and 
$966,002,000 is for surface ships: Provided further, That the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, in 
conjunction with the President's fiscal year 2012 budget, a review of 
the Revised Deepwater Implementation Plan that identifies any changes 
to the plan for the fiscal year; an annual performance comparison of 
Integrated Deepwater Systems program assets to pre-Deepwater legacy 
assets; a status report of such legacy assets; a detailed explanation 
of how the costs of such legacy assets are being accounted for within 
the Integrated Deepwater Systems program; and the earned value 
management system gold card data for each Integrated Deepwater Systems 
program asset: Provided further, That the Commandant of the Coast Guard 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives, in conjunction with the fiscal year 2016 
budget request, and every 5 years thereafter, a comprehensive review of 
the Revised Deepwater Implementation Plan, that includes a complete 
projection of the acquisition costs and schedule for the duration of 
the plan: Provided further, That the Commandant of the Coast Guard 
shall annually submit to the Committees on Appropriations of the Senate 
and the House of Representatives, at the time that the President's 
budget is submitted under section 1105(a) of title 31, United States 
Code, a future-years capital investment plan for the Coast Guard that 
identifies for each capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next 5 fiscal years or until project completion, whichever is 
        earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:
Provided further, That the Commandant of the Coast Guard shall ensure 
that amounts specified in the future-years capital investment plan are 
consistent, to the maximum extent practicable, with proposed 
appropriations necessary to support the programs, projects, and 
activities of the Coast Guard in the President's budget as submitted 
under section 1105(a) of title 31, United States Code, for that fiscal 
year: Provided further, That any inconsistencies between the capital 
investment plan and proposed appropriations shall be identified and 
justified: Provided further, That subsections (a) and (b) of section 
6402 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and 
Iraq Accountability Appropriations Act, 2007 (Public Law 110-28) shall 
apply to fiscal year 2011.

                         alteration of bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $4,000,000, to remain available until expended: Provided, That of 
the amounts made available under this heading, $4,000,000 shall be for 
the Union Pacific Railroad Bridge in Clinton, Iowa.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$28,034,000, to remain available until expended, of which $500,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,400,700,000, to remain available until expended.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including: purchase of not to exceed 652 vehicles for police-type use 
for replacement only; hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; services of 
expert witnesses at such rates as may be determined by the Director of 
the Secret Service; rental of buildings in the District of Columbia, 
and fencing, lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may be 
necessary to perform protective functions; payment of per diem or 
subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee requires an 
employee to work 16 hours per day or to remain overnight at a post of 
duty; conduct of and participation in firearms matches; presentation of 
awards; travel of United States Secret Service employees on protective 
missions without regard to the limitations on such expenditures in this 
or any other Act if approval is obtained in advance from the Committees 
on Appropriations of the Senate and the House of Representatives; 
research and development; grants to conduct behavioral research in 
support of protective research and operations; and payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; $1,571,642,000, of which not to exceed $25,000 shall be for 
official reception and representation expenses; of which not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations; of 
which $2,366,000 shall be for forensic and related support of 
investigations of missing and exploited children; and of which 
$6,000,000 shall be for a grant for activities related to the 
investigations of missing and exploited children and shall remain 
available until expended: Provided, That up to $18,000,000 for 
protective travel shall remain available until September 30, 2012: 
Provided further, That up to $1,000,000 for National Special Security 
Events shall remain available until expended: Provided further, That 
the United States Secret Service is authorized to obligate funds in 
anticipation of reimbursements from Federal agencies and entities, as 
defined in section 105 of title 5, United States Code, receiving 
training sponsored by the James J. Rowley Training Center, except that 
total obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year: Provided further, That none of the funds made available 
under this heading shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that the 
Secretary of Homeland Security, or the designee of the Secretary, may 
waive that amount as necessary for national security purposes: Provided 
further, That none of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided further, That the 
Director of the United States Secret Service may enter into an 
agreement to perform such service on a fully reimbursable basis: 
Provided further, That of the total amount made available under this 
heading, $69,960,000, to remain available until expended, is for 
information technology modernization: Provided further, That 
$20,000,000 is unavailable for obligation to purchase or install 
information technology equipment until the Chief Information Officer of 
the Department of Homeland Security submits a report to the Committees 
on Appropriations of the Senate and the House of Representatives 
certifying that all plans for such modernization are consistent with 
Department of Homeland Security data center migration and enterprise 
architecture requirements: Provided further, That $8,000,000 shall not 
be made available for obligation until enactment into law of 
authorizing legislation that incorporates the authorities of the United 
States Secret Service Uniformed Division into the United States Code, 
including restructuring the United States Secret Service Uniformed 
Division's pay chart.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,975,000, to remain 
available until expended.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Management 
and Analysis, $45,137,000: Provided, That not to exceed $5,000 shall be 
for official reception and representation expenses.

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$880,423,000, of which $720,884,000 shall remain available until 
September 30, 2012: Provided, That of the total amount provided, not 
less than $18,000,000 shall be for the National Infrastructure 
Simulation and Analysis Center.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than December 31, 2010, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2011 through revenues and 
collection of security fees, and shall adjust the fees to ensure fee 
collections are sufficient to ensure that the Federal Protective 
Service maintains not fewer than 1,348 full-time equivalent staff and 
1,011 full-time equivalent Police Officers, Inspectors, Area 
Commanders, and Special Agents who, while working, are directly engaged 
on a daily basis protecting and enforcing laws at Federal buildings 
(referred to as ``in-service field staff'').

    united states visitor and immigrant status indicator technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $334,613,000, of 
which $50,000,000 shall remain available until September 30, 2012: 
Provided, That of the total amount made available under this heading, 
$167,307,000 shall not be obligated for the United States Visitor and 
Immigrant Status Indicator Technology project until the Committees on 
Appropriations of the Senate and the House of Representatives receive a 
plan for expenditure, prepared by the Secretary of Homeland Security, 
not later than 90 days after the date of enactment of this Act that 
meets the statutory conditions specified under this heading in Public 
Law 110-329: Provided further, That not less than $50,000,000 of 
unobligated balances of prior year appropriations shall remain 
available and be obligated solely for implementation of a biometric air 
exit capability.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$155,459,000, of which $27,553,000 is for salaries and expenses: 
Provided, That $127,906,000 shall remain available until September 30, 
2012, for biosurveillance, BioWatch, medical readiness planning, 
chemical response, and other activities: Provided further, That not to 
exceed $3,000 shall be for official reception and representation 
expenses.

                  Federal Emergency Management Agency

                     management and administration

    For necessary expenses for management and administration of the 
Federal Emergency Management Agency, $696,236,000, including activities 
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire 
Assistance Act of 2000 (division C, title I, 114 Stat. 583), the 
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina 
Emergency Management Reform Act of 2006 (Public Law 109-295; 120 Stat. 
1394): Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses: Provided further, That the 
President's budget submitted under section 1105(a) of title 31, United 
States Code, shall be detailed by office for the Federal Emergency 
Management Agency: Provided further, That the Administrator of the 
Federal Emergency Management Agency shall provide to the Committees on 
Appropriations of the Senate and the House of Representatives an 
expenditure plan for all funds made available in this Act for Federal 
Emergency Management Agency ``Management and Administration'', not 
later than 90 days after the date of enactment of this Act: Provided 
further, That of the total amount made available under this heading, 
not to exceed $12,000,000 shall remain available until September 30, 
2012, for capital improvements at the Mount Weather Emergency 
Operations Center: Provided further, That of the total amount made 
available under this heading, $38,000,000 shall be for the Urban Search 
and Rescue Response System, of which not to exceed $1,600,000 may be 
made available for administrative costs; and $7,049,000 shall be for 
the Office of National Capital Region Coordination: Provided further, 
That for purposes of planning, coordination, execution, and 
decisionmaking related to mass evacuation during a disaster, for fiscal 
year 2011 and hereafter, the Governors of the State of West Virginia 
and the Commonwealth of Pennsylvania, or their designees, shall be 
incorporated into efforts to integrate the activities of Federal, 
State, and local governments in the National Capital Region, as defined 
in section 882 of Public Law 107-296, the Homeland Security Act of 
2002.

                        state and local programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other 
activities, $3,078,970,000 shall be allocated as follows:
            (1) $950,000,000 shall be for the State Homeland Security 
        Grant Program under section 2004 of the Homeland Security Act 
        of 2002 (6 U.S.C. 605): Provided, That of the amount provided 
        by this paragraph, $60,000,000 shall be for Operation 
        Stonegarden.
            (2) $950,000,000 shall be for the Urban Area Security 
        Initiative under section 2003 of the Homeland Security Act of 
        2002 (6 U.S.C. 604), of which, notwithstanding subsection 
        (c)(1) of such section, $20,000,000 shall be for grants to 
        organizations (as described under section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax section 
        501(a) of such code) determined by the Secretary of Homeland 
        Security to be at high risk of a terrorist attack.
            (3) $35,000,000 shall be for Regional Catastrophic 
        Preparedness Grants.
            (4) $38,000,000 shall be for the Metropolitan Medical 
        Response System under section 635 of the Post-Katrina Emergency 
        Management Reform Act of 2006 (6 U.S.C. 723).
            (5) $11,500,000 shall be for the Citizen Corps Program.
            (6) $350,000,000 shall be for Public Transportation 
        Security Assistance, Railroad Security Assistance, and Over-
        the-Road Bus Security Assistance under section 1406, 1513, and 
        1532 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182); 
        of which not less than $25,000,000 shall be for Amtrak 
        security; and not less than $6,000,000 shall be for Over-the-
        Road Bus Security Assistance.
            (7) $350,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107.
            (8) $50,000,000 shall be for Buffer Zone Protection Program 
        Grants.
            (9) $50,000,000 shall be for the Interoperable Emergency 
        Communications Grant Program under section 1809 of the Homeland 
        Security Act of 2002 (6 U.S.C. 579).
            (10) $31,520,000 shall be for grants for Emergency 
        Operations Centers under section 614 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) 
        to remain available until expended, of which not less than the 
        amount specified for each Emergency Operations Center shall be 
        provided as follows: $500,000, City of Compton, California; 
        $500,000, City of Pasadena, California; $1,000,000, State of 
        Illinois, Springfield, Illinois; $610,000, Polk County, Iowa; 
        $750,000, Louisiana Sheriffs' Association, Baton Rouge, 
        Louisiana; $250,000, City of Baton Rouge, Louisiana; $250,000, 
        State of Michigan, Lansing, Michigan; $771,000, Missoula 
        County, Montana; $129,000, Park County, Montana; $950,000, City 
        of Passaic, New Jersey; $3,450,000, Hudson County, New Jersey; 
        $600,000, City of Orange Township, New Jersey; $1,000,000, 
        Rhode Island Emergency Management Agency, East Greenwich, Rhode 
        Island; and $5,000,000, State of West Virginia, Charleston, 
        West Virginia.
            (11) $262,950,000 shall be for training, exercises, 
        technical assistance, and other programs, of which--
                    (A) $159,500,000 shall be for the National Domestic 
                Preparedness Consortium in accordance with section 1204 
                of the Implementing Recommendations of the 9/11 
                Commission Act of 2007 (6 U.S.C. 1102), of which 
                $62,500,000 shall be for the Center for Domestic 
                Preparedness; $23,000,000 shall be for the National 
                Energetic Materials Research and Testing Center, New 
                Mexico Institute of Mining and Technology; $23,000,000 
                shall be for the National Center for Biomedical 
                Research and Training, Louisiana State University; 
                $23,000,000 shall be for the National Emergency 
                Response and Rescue Training Center, Texas A&M 
                University; $23,000,000 shall be for the National 
                Exercise, Test, and Training Center, Nevada Test Site; 
                and $5,000,000 shall be for the National Disaster 
                Preparedness Training Center, University of Hawaii, 
                Honolulu, Hawaii; and
                    (B) $2,450,000 shall be for the Center for 
                Counterterrorism and Cybercrime, Norwich University, 
                Northfield, Vermont:
Provided, That not to exceed 5 percent of the amounts provided under 
this heading shall be transferred to the Federal Emergency Management 
Agency ``Management and Administration'' account for program 
administration: Provided further, That notwithstanding section 
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), 
or any other provision of law, a grantee may use not more than 5 
percent of the amount of a grant made available under this heading for 
expenses directly related to administration of the grant: Provided 
further, That for grants under paragraphs (1) through (5), the 
applications for grants shall be made available to eligible applicants 
not later than 25 days after the date of enactment of this Act, that 
eligible applicants shall submit applications not later than 90 days 
after the grant announcement, and that the Administrator of the Federal 
Emergency Management Agency shall act within 90 days after receipt of 
an application: Provided further, That for grants under paragraphs (6) 
through (9), the applications for grants shall be made available to 
eligible applicants not later than 30 days after the date of enactment 
of this Act, that eligible applicants shall submit applications within 
45 days after the grant announcement, and that  the Administrator of 
the Federal Emergency Management Agency shall act not later than 60 
days after receipt of an application: Provided further, That for grants 
under paragraphs (1) and (2), the installation of communications towers 
is not considered construction of a building or other physical 
facility: Provided further, That in fiscal year 2011 and hereafter, (a) 
the Center for Domestic Preparedness may provide training to emergency 
response providers from the Federal Government, foreign governments, or 
private entities, if the Center for Domestic Preparedness is reimbursed 
for the cost of such training, and any reimbursement under this 
subsection shall be credited to the account from which the expenditure 
being reimbursed was made and shall be available, without fiscal year 
limitation, for the purposes for which amounts in the account may be 
expended; (b) the head of the Center for Domestic Preparedness shall 
ensure that any training provided under (a) does not interfere with the 
primary mission of the Center to train state and local emergency 
response providers; (c) subject to (b), nothing in (a) prohibits the 
Center for Domestic Preparedness from providing training to employees 
of the Federal Emergency Management Agency for the professional 
development of those employees pursuant to 5 U.S.C. Sec. 4103 without 
reimbursement for the cost of such training.

                     firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$810,000,000, of which $390,000,000 shall be available to carry out 
section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall be 
available to carry out section 34 of that Act (15 U.S.C. 2229a), to 
remain available until September 30, 2011: Provided, That not to exceed 
5 percent of the amount available under this heading shall be available 
for program administration.

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $345,000,000: Provided, That total 
administrative costs shall not exceed 3 percent of the total amount 
appropriated under this heading.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2011, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2011, and remain 
available until expended.

                   united states fire administration

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $45,930,000.

                            disaster relief

                     (including transfers of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,950,000,000, to remain available until expended: Provided, That the 
Federal Emergency Management Agency shall submit an expenditure plan to 
the Committees on Appropriations of the Senate and the House of 
Representatives detailing the use of the funds for disaster readiness 
and support within 60 days after the date of enactment of this Act: 
Provided further, That the Federal Emergency Management Agency shall 
submit to such Committees a quarterly report detailing obligations 
against the expenditure plan and a justification for any changes in 
spending: Provided further, That of the total amount provided, 
$16,000,000 shall be transferred to the Department of Homeland Security 
Office of Inspector General for audits and investigations related to 
disasters, subject to section 503 of this Act: Provided further, That, 
not later than 60 days after enactment of this Act, $216,760,000 shall 
be transferred to Federal Emergency Management Agency ``Management and 
Administration'' for management and administration functions: Provided 
further, That the Federal Emergency Management Agency shall submit the 
monthly ``Disaster Relief'' report, as specified in Public Law 110-161, 
to the Committees on Appropriations of the Senate and the House of 
Representatives, and include the amounts provided to each Federal 
agency for mission assignments: Provided further, That for any request 
for reimbursement from a Federal agency to the Department of Homeland 
Security to cover expenditures under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any 
mission assignment orders issued by the Department for such purposes, 
the Secretary of Homeland Security shall take appropriate steps to 
ensure that each agency is periodically reminded of Department policies 
on--
            (1) the detailed information required in supporting 
        documentation for reimbursements; and
            (2) the necessity for timeliness of agency billings.

            disaster assistance direct loan program account

    For activities under section 319 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for 
the cost of direct loans: Provided, That gross obligations for the 
principal amount of direct loans shall not exceed $25,000,000: Provided 
further, That the cost of modifying such loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).

                 flood hazard mapping and risk analysis

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $194,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 
available until expended: Provided, That total administrative costs 
shall not exceed 5 percent of the total amount appropriated under this 
heading.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $169,000,000, which shall remain available until 
September 30, 2012 and shall be derived from offsetting collections 
assessed and collected under section 1308(d) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4015(d)), which is available for 
salaries and expenses associated with flood mitigation and flood 
insurance operations; and flood plain management and flood mapping: 
Provided, That not to exceed $22,145,000 shall be available for 
salaries and expenses associated with flood mitigation and flood 
insurance operations: Provided further, That any additional fees 
collected pursuant to section 1308(d) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 
collection to this account, to be available for flood plain management 
and flood mapping: Provided further, That in fiscal year 2011, no funds 
shall be available from the National Flood Insurance Fund under section 
1310 of that Act (42 U.S.C. 4017) in excess of: (1) $85,000,000 for 
operating expenses; (2) $1,035,105,000 for commissions and taxes of 
agents; (3) such sums as are necessary for interest on Treasury 
borrowings; and (4) $120,000,000, which shall remain available until 
expended for flood mitigation actions, of which not less than 
$40,000,000 is for severe repetitive loss properties under section 
1361A of the National Flood Insurance Act of 1968 (42 U.S.C. 4102a), of 
which $10,000,000 is for repetitive insurance claims properties under 
section 1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4030), and of which $40,000,000 is for flood mitigation assistance 
under section 1366 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104c) notwithstanding subparagraphs (B) and (C) of subsection 
(b)(3) and subsection (f) of section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c) and notwithstanding subsection 
(a)(7) of section 1310 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4017): Provided further, That amounts collected under section 
102 of the Flood Disaster Protection Act of 1973 and section 1366(i) of 
the National Flood Insurance Act of 1968 shall be deposited in the 
National Flood Insurance Fund to supplement other amounts specified as 
available for section 1366 of the National Flood Insurance Act of 1968, 
notwithstanding 42 U.S.C. 4012a(f)(8), 4104c(i), and 4104d(b)(2)-(3): 
Provided further, That total administrative costs shall not exceed 4 
percent of the total appropriation.

                  national predisaster mitigation fund

    For the predisaster mitigation grant program under section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133), $75,000,000, to remain available until expended: 
Provided, That the total administrative costs associated with such 
grants shall not exceed 3 percent of the total amount made available 
under this heading.

                       emergency food and shelter

    To carry out the emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $150,000,000, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$171,593,000, of which $50,000,000 is for processing applications for 
asylum or refugee status; and of which $103,400,000 is for immigration 
verification programs, including the E-Verify Program, as authorized by 
section 402 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist United 
States employers with maintaining a legal workforce: Provided, That 
notwithstanding any other provision of law, funds available to United 
States Citizenship and Immigration Services may be used to acquire, 
operate, equip, and dispose of up to five vehicles, for replacement 
only, for areas where the Administrator of General Services does not 
provide vehicles for lease: Provided further, That the Director of 
United States Citizenship and Immigration Services may authorize 
employees who are assigned to those areas to use such vehicles to 
travel between the employees' residences and places of employment: 
Provided further, That none of the funds made available under this 
heading may be obligated for development of the ``REAL ID hub'' until 
the Committees on Appropriations of the Senate and the House of 
Representatives receive a plan for expenditure for that program that 
describes the strategic context of the program, the specific goals and 
milestones set for the program, and the funds allocated for achieving 
each of these goals and milestones: Provided further, That none of the 
funds made available in this Act for grants for immigrant integration 
may be used to provide services to aliens who have not been lawfully 
admitted for permanent residence.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center as authorized under section 884 of the Homeland Security Act of 
2002 (6 U.S.C. 464), including materials and support costs of Federal 
law enforcement basic training; the purchase of not to exceed 117 
vehicles for police-type use and hire of passenger motor vehicles; 
expenses for student athletic and related activities; the conduct of 
and participation in firearms matches and presentation of awards; 
public awareness and enhancement of community support of law 
enforcement training; room and board for student interns; a flat 
monthly reimbursement to employees authorized to use personal mobile 
phones for official duties; and services as authorized by section 3109 
of title 5, United States Code, $234,500,000, of which up to 
$48,420,000 shall remain available until September 30, 2012, for 
materials and support costs of Federal law enforcement basic training; 
and of which not to exceed $12,000 shall be for official reception and 
representation expenses: Provided, That the Center is authorized to 
obligate funds in anticipation of reimbursements from agencies 
receiving training sponsored by the Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available at the end of the fiscal year: Provided 
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
note), as amended by Public Law 111-83 (123 Stat. 2166), is further 
amended by striking ``December 31, 2012'' and inserting ``December 31, 
2013'': Provided further, That the Director of the Federal Law 
Enforcement Training Center shall schedule basic or advanced law 
enforcement training, or both, at all four training facilities under 
the control of the Federal Law Enforcement Training Center to ensure 
that such training facilities are operated at the highest capacity 
throughout the fiscal year.

                             accreditation

    For necessary expenses of Federal Law Enforcement Training 
Accreditation activities, $1,419,000, of which $300,000 shall remain 
available until expended to be distributed to Federal law enforcement 
agencies for expenses incurred participating in training accreditation: 
Provided, That the Federal Law Enforcement Training Accreditation 
Board, including representatives from the Federal law enforcement 
community and non-Federal accreditation experts involved in law 
enforcement training, shall lead the Federal law enforcement training 
accreditation process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $38,456,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from Government agencies requesting the construction of 
special use facilities.

                         Science and Technology

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of 
programs and activities, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $146,918,000: Provided, 
That not to exceed $10,000 shall be for official reception and 
representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); $863,420,000and the 
purchase or lease of not to exceed five vehicles, of which $741,420,000 
is to remain available until September 30, 2013; and of which not less 
than $122,000,000 is to remain available until September 30, 2015, 
solely for laboratory facilities: Provided, That not less than 
$50,000,000 shall be available for university programs: Provided 
further, That not less than $20,865,000 shall be available for the 
Southeast Region Research Initiative at the United States Army Corps of 
Engineers' Engineer Research and Development Center: Provided further, 
That not less than $2,250,000 shall be available for Distributed 
Environment for Critical Infrastructure Decisionmaking Exercises.

                   Domestic Nuclear Detection Office

                     management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office 
as authorized by title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.), for management and administration of programs and 
activities, $36,992,000: Provided, That not to exceed $3,000 shall be 
for official reception and representation expenses.

                 research, development, and operations

    For necessary expenses for radiological and nuclear detection, 
development, testing, evaluation, and operations, $207,828,000, to 
remain available until September 30, 2013: Provided, That not later 
than 60 days after the date of enactment of this Act, all prior year 
balances available for transformational research and development shall 
be transferred to Science and Technology ``Research, Development, 
Acquisition, and Operations''.

                          systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $78,000,000, to remain available 
until September 30, 2013: Provided, That none of the funds appropriated 
under this heading in this Act or any other Act shall be obligated for 
full-scale procurement of advanced spectroscopic portal monitors until 
the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
certifying that a significant increase in operational effectiveness 
will be achieved by such obligation: Provided further, That the 
Secretary shall submit separate and distinct certifications prior to 
the procurement of advanced spectroscopic portal monitors for primary 
and secondary deployment that address the unique requirements for 
operational effectiveness of each type of deployment: Provided further, 
That the Secretary shall continue to consult with the National Academy 
of Sciences before making such certifications: Provided further, That 
none of the funds appropriated under this heading shall be used for 
high-risk concurrent development and production of mutually dependent 
software and hardware.

                                TITLE V

                           GENERAL PROVISIONS

                    (including rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2011, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program, project, or activity; (2) eliminates a program, 
project, office, or activity; or (3) increases funds for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific 
activity by either of the Committees on Appropriations of the Senate or 
the House of Representatives for a different purpose; or (5) contracts 
out any function or activity for which funding levels were requested 
for Federal full-time equivalents in the object classification tables 
contained in the fiscal year 2011 Budget Appendix for the Department of 
Homeland Security, as modified by the joint explanatory statement 
accompanying this Act, unless the Committees on Appropriations of the 
Senate and the House of Representatives are notified 15 days in advance 
of such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2011, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees or 
proceeds available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, projects, or 
activities through a reprogramming of funds in excess of $5,000,000 or 
10 percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 10 
percent as approved by the Congress; or (3) results from any general 
savings from a reduction in personnel that would result in a change in 
existing programs, projects, or activities as approved by the Congress, 
unless the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after May 31, except in extraordinary circumstances that 
imminently threaten the safety of human life or the protection of 
property.
    Sec. 504.  The Department of Homeland Security Working Capital 
Fund, established pursuant to section 403 of the Federal Financial 
Management Act of 1994 (Public Law 103-356, 31 U.S.C. 501 note), shall 
continue operations as a permanent working capital fund for fiscal year 
2011: Provided, That none of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the Working Capital Fund, except for the activities and 
amounts allowed in the President's fiscal year 2011 budget: Provided 
further, That funds provided to the Working Capital Fund shall be 
available for obligation until expended to carry out the purposes of 
the Working Capital Fund: Provided further, That all departmental 
components shall be charged only for direct usage of each Working 
Capital Fund service: Provided further, That funds provided to the 
Working Capital Fund shall be used only for purposes consistent with 
the contributing component: Provided further, That such fund shall be 
paid in advance or reimbursed at rates which will return the full cost 
of each service: Provided further, That the Working Capital Fund shall 
be subject to the requirements of section 503 of this Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of the amount of any unobligated balances remaining 
available at the end of fiscal year 2011 from appropriations for 
salaries and expenses for fiscal year 2011 under this Act shall remain 
available through September 30, 2013, in the account and for the 
purposes for which the appropriations were provided: Provided, That 
prior to the obligation of such funds, a request shall be submitted to 
the Committees on Appropriations of the Senate and the House of 
Representatives for approval in accordance with section 503 of this 
Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2011 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2011.
    Sec. 507.  None of the funds made available by this Act may be used 
to make a grant allocation, grant award, contract award, other 
transaction agreement, a task or delivery order on a Department of 
Homeland Security multiple award contract, or to issue a letter of 
intent totaling in excess of $1,000,000, or to announce publicly the 
intention to make such an award, including a contract covered by the 
Federal Acquisition Regulation, unless the Secretary of Homeland 
Security notifies the Committees on Appropriations of the Senate and 
the House of Representatives at least 3 full business days in advance 
of making such an award or issuing such a letter: Provided, That if the 
Secretary of Homeland Security determines that compliance with this 
section would pose a substantial risk to human life, health, or safety, 
an award may be made without such notification and the Committees on 
Appropriations of the Senate and the House of Representatives shall be 
notified not later than 5 full business days after such an award is 
made or letter issued: Provided further, That no notification shall 
involve funds that are not available for obligation: Provided further, 
That a notification under this section shall include the amount of the 
award, the fiscal year for which the funds for the award were 
appropriated, and the account from which the funds are being drawn: 
Provided further, That the Federal Emergency Management Agency shall 
brief the Committees on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of announcing publicly 
the intention of making an award under ``State and Local Programs''.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training that 
cannot be accommodated in existing Center facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 520, 522, 528, 530, and 531 of the Department 
of Homeland Security Appropriations Act, 2008 (division E of Public Law 
110-161; 121 Stat. 2072, 2073, 2074, 2082) shall apply with respect to 
funds made available in this Act in the same manner as such sections 
applied to funds made available in that Act.
    Sec. 511.  None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under subsection 
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
142(a)) to alter, direct that changes be made to, delay, or prohibit 
the transmission to Congress of any report prepared under paragraph (6) 
of such subsection.
    Sec. 512.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.).
    Sec. 513.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided as of June 1, 2004, by 
employees (including employees serving on a temporary or term basis) of 
United States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 515. (a) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with air carriers 
and airports to ensure that the screening of cargo carried on passenger 
aircraft, as defined in section 44901(g)(5) of title 49, United States 
Code, increases incrementally each quarter until the requirement under 
section 44901(g)(2)(B) of such title is met.
    (b) Not later than 45 days after the end of each fiscal quarter, 
the Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
on air cargo inspection statistics, by airport and air carrier, 
detailing the incremental progress being made to meet the requirement 
under section 44901(g)(2)(B) of title 49, United States Code.
    (c) Not later than 90 days after the date of the enactment of this 
Act, the Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, a report 
that either: (1) certifies that the requirement for screening all air 
cargo on passenger aircraft by the deadline under section 44901(g) of 
title 49, United States Code has been met; or (2) includes a strategy 
to comply with the requirements under section 44901(g) of title 49, 
United States Code.
    Sec. 516.  Not later than 45 days after the last day of each month, 
the Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a monthly budget and staffing report for that 
month that includes total obligations, on-board versus funded full-time 
equivalent staffing levels, and the number of contract employees for 
each office of the Department.
    Sec. 517.  Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' for fiscal years 2004, 2005, 2006, 
2007, 2008, and 2009 that are recovered or deobligated shall be 
available only for the procurement or installation of explosives 
detection systems, air cargo, baggage, and checkpoint screening 
systems, subject to notification: Provided, That quarterly reports 
shall be submitted to the Committees on Appropriations of the Senate 
and the House of Representatives on any funds that are recovered or 
deobligated.
    Sec. 518.  Any funds appropriated to Coast Guard ``Acquisition, 
Construction, and Improvements'' for fiscal years 2002, 2003, 2004, 
2005, and 2006 for the 110-123 foot patrol boat conversion that are 
recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Fast Response Cutter program.
    Sec. 519. (a) None of the funds provided by this or any other Act 
may be obligated for the development, testing, deployment, or operation 
of any portion of a human resources management system authorized by 
section 9701(a) of title 5, United States Code, or by regulations 
prescribed pursuant to such section, for an employee, as that term is 
defined in section 7103(a)(2) of such title.
    (b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in section 9701(e) of 
title 5, United States Code, in the planning, testing, and development 
of any portion of a human resources management system that is 
developed, tested, or deployed for persons excluded from the definition 
of employee as that term is defined in section 7103(a)(2) of such 
title.
    Sec. 520.  Section 532(a) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1384) is 
amended by striking ``2010'' and inserting ``2011''.
    Sec. 521.  The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 522. (a) Except as provided in subsection (b), none of the 
funds appropriated in this or any other Act to the Office of the 
Secretary and Executive Management, the Office of the Under Secretary 
for Management, or the Office of the Chief Financial Officer, may be 
obligated for a grant or contract funded under any such heading by any 
means other than full and open competition.
    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
            (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a mandated 
        preferential program, including the AbilityOne Program, that is 
        authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
        seq.);
            (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
        seq.);
            (3) in an amount less than the simplified acquisition 
        threshold described under section 302A(a) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        252a(a)); or
            (4) by a Federal agency other than the Department of 
        Homeland Security using funds provided through an interagency 
        agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland Security 
may waive the applicability of this section with respect to the award 
of a contract if such a waiver is in the interest of national security 
or if failure to waive such applicability would pose a substantial risk 
to human health or welfare.
    (2) Not later than 5 days after the date on which the Secretary of 
Homeland Security issues a waiver under this subsection, the Secretary 
shall submit notification of that waiver to the Committees on 
Appropriations of the Senate and the House of Representatives, 
including a description of the contract to which the waiver applies and 
an explanation of why the waiver authority was used. The Secretary may 
not delegate the authority to grant such a waiver.
    (d) In addition to the requirements established by subsections (a), 
(b), and (c) of this section, the Inspector General of the Department 
of Homeland Security shall review departmental contracts awarded 
through means other than a full and open competition to assess 
departmental compliance with applicable laws and regulations: Provided, 
That the Inspector General shall review selected contracts awarded in 
the previous fiscal year through means other than a full and open 
competition: Provided further, That in selecting which contracts to 
review, the Inspector General shall consider the cost and complexity of 
the goods and services to be provided under the contract, the 
criticality of the contract to fulfilling Department missions, past 
performance problems on similar contracts or by the selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the Inspector General deems relevant: 
Provided further, That no later than February 7, 2011, the Inspector 
General shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a report on the reviews conducted 
under this section.
    Sec. 523.  None of the funds made available in this or any other 
Act may be used to enforce section 4025(1) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
3724) unless the Assistant Secretary of Homeland Security 
(Transportation Security Administration) reverses the determination of 
July 19, 2007, that butane lighters are not a significant threat to 
civil aviation security.
    Sec. 524.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of the 
enactment of this Act.
    Sec. 525.  None of the funds made available in this Act shall be 
available to carry out section 872 of the Homeland Security Act of 2002 
(6 U.S.C. 452).
    Sec. 526.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services and such 
results do not preclude the granting of the benefit.
    Sec. 527.  None of the funds made available in this or any other 
Act for fiscal year 2011 and hereafter may be used to destroy or put 
out to pasture any horse or other equine belonging to the Federal 
Government that has become unfit for service, unless the trainer or 
handler is first given the option to take possession of the equine 
through an adoption program that has safeguards against slaughter and 
inhumane treatment.
    Sec. 528.  None of the funds provided in this Act under the heading 
``Office of the Chief Information Officer'' shall be used for data 
center development other than for Data Center One (National Center for 
Critical Information Processing and Storage) until the Chief 
Information Officer certifies that Data Center One is fully utilized as 
the Department's primary data storage center at the highest capacity 
throughout the fiscal year.
    Sec. 529.  None of the funds in this Act shall be used to reduce 
the United States Coast Guard's Operations Systems Center mission or 
its Government-employed or contract staff levels.
    Sec. 530.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 531.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2010'' and inserting ``Until September 30, 2011,''; and
            (2) in subsection (d)(1), by striking ``September 30, 
        2010,'' and inserting ``September 30, 2011,''.
    Sec. 532.  The Secretary of Homeland Security shall require that 
all contracts entered into by the Department of Homeland Security that 
provide award fees link such fees to successful acquisition outcomes 
(which outcomes shall be specified in terms of cost, schedule, and 
performance).
    Sec. 533.  None of the funds made available to the ``Office of the 
Secretary and Executive Management'' under this Act may be expended to 
hire any new employees of the Department of Homeland Security who are 
not verified through the E-Verify Program established under title IV of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note).
    Sec. 534.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act: Provided, That this section shall 
apply only to individuals transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day supply: 
Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102(6) of 
        the Controlled Substances Act (21 U.S.C. 802(b)); or
            (2) a biological product, as defined in section 351(i)(1) 
        of the Public Health Service Act (42 U.S.C. 262(i)(1)).
    Sec. 535.  None of the funds made available in this Act may be used 
by the Secretary of Homeland Security or any delegate of the Secretary 
to issue any rule or regulation which implements the Notice of Proposed 
Rulemaking related to Petitions for Aliens To Perform Temporary 
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed. 
Reg. 3984 (January 27, 2005).
    Sec. 536.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9703(g)(4)(B) of 
title 31, Unites States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security: Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives approve 
the proposed transfers.
    Sec. 537.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 538.  If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an airport 
does not need to participate in the E-Verify Program under section 402 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note), the Assistant Secretary shall certify to 
the Committees on Appropriations of the Senate and the House of 
Representatives that no security risks will result from such 
nonparticipation.
    Sec. 539. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date that 
the President determines whether to declare a major disaster because of 
an event and any appeal is completed, the Administrator shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, the Committee on Transportation and Infrastructure of 
the House of Representatives, the Committees on Appropriations of the 
Senate and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment information used to 
determine whether to declare a major disaster.
    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 540.  Notwithstanding any other provision of law, in the 
current fiscal year or a subsequent fiscal year, should the Secretary 
of Homeland Security determine that the National Bio- and Agro-defense 
Facility be located at a site other than Plum Island, New York, the 
Secretary shall have the Administrator of General Services sell through 
public sale all real and related personal property and transportation 
assets which support Plum Island operations, subject to such terms and 
conditions as necessary to protect Government interests and meet 
program requirements: Provided, That the proceeds of such sale shall be 
deposited as offsetting collections into the Department of Homeland 
Security Science and Technology ``Research, Development, Acquisition, 
and Operations'' account and, subject to appropriation, shall be 
available until expended, for site acquisition, construction, and costs 
related to the construction of the National Bio- and Agro-defense 
Facility, including the costs associated with the sale, including due 
diligence requirements, necessary environmental remediation at Plum 
Island, and reimbursement of expenses incurred by the General Services 
Administration.
    Sec. 541.  Any official who is required by this Act to report or 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives may not delegate such authority to perform that act 
unless specifically authorized herein.
    Sec. 542.  Sections 1309(a) and 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each be 
applied by substituting ``September 30, 2011'' for the date specified 
in each such section.
    Sec. 543.  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), is 
amended by striking ``on October 4, 2010'' and inserting ``on October 
4, 2011''.
    Sec. 544. (a) None of the funds made available in this or any other 
Act may be used to release an individual who is detained, as of June 
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental 
United States, Alaska, Hawaii, or the District of Columbia, into any of 
the United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI).
    (b) None of the funds made available in this or any other Act may 
be used to transfer an individual who is detained, as of June 24, 2009, 
at Naval Station, Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, or the District of Columbia, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of 
detention, except as provided in subsection (c).
    (c) None of the funds made available in this or any other Act may 
be used to transfer an individual who is detained, as of June 24, 2009, 
at Naval Station, Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, or the District of Columbia, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes 
of prosecuting such individual, or detaining such individual during 
legal proceedings, until 45 days after the plan described in subsection 
(d) is received.
    (d) The President shall submit to Congress, in classified form, a 
plan regarding the proposed disposition of any individual covered by 
subsection (c) who is detained as of June 24, 2009. Such plan shall 
include, at a minimum, each of the following for each such individual:
            (1) A determination of the risk that the individual might 
        instigate an act of terrorism within the continental United 
        States, Alaska, Hawaii, the District of Columbia, or the United 
        States territories if the individual were so transferred.
            (2) A determination of the risk that the individual might 
        advocate, coerce, or incite violent extremism, ideologically 
        motivated criminal activity, or acts of terrorism, among inmate 
        populations at incarceration facilities within the continental 
        United States, Alaska, Hawaii, the District of Columbia, or the 
        United States territories if the individual were transferred to 
        such a facility.
            (3) The costs associated with transferring the individual 
        in question.
            (4) The legal rationale and associated court demands for 
        transfer.
            (5) A plan for mitigation of any risks described in 
        paragraphs (1), (2), and (7).
            (6) A copy of a notification to the Governor of the State 
        to which the individual will be transferred, to the Mayor of 
        the District of Columbia if the individual will be transferred 
        to the District of Columbia, or to any United States 
        territories with a certification by the Attorney General of the 
        United States in classified form at least 14 days prior to such 
        transfer (together with supporting documentation and 
        justification) that the individual poses little or no security 
        risk to the United States.
            (7) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer and the actions taken to mitigate such risk.
    (e) None of the funds made available in this or any other Act may 
be used to transfer or release an individual detained at Naval Station, 
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such 
individual's nationality or last habitual residence or to any other 
country other than the United States or to a freely associated State, 
unless the President submits to the Congress, in classified form, at 
least 15 days prior to such transfer or release, the following 
information:
            (1) The name of any individual to be transferred or 
        released and the country or the freely associated State to 
        which such individual is to be transferred or released.
            (2) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer or release and the actions taken to mitigate such 
        risk.
            (3) The terms of any agreement with the country or the 
        freely associated State for the acceptance of such individual, 
        including the amount of any financial assistance related to 
        such agreement.
    (f) None of the funds made available in this Act may be used to 
provide any immigration benefit (including a visa, admission into the 
United States or any of the United States territories, parole into the 
United States or any of the United States territories (other than 
parole for the purposes of prosecution and related detention), or 
classification as a refugee or applicant for asylum) to any individual 
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, 
Cuba.
    (g) In this section, the term ``freely associated States'' means 
the Federated States of Micronesia (FSM), the Republic of the Marshall 
Islands (RMI), and the Republic of Palau.
    (h) Prior to the termination of detention operations at Naval 
Station, Guantanamo Bay, Cuba, the President shall submit to the 
Congress a report in classified form describing the disposition or 
legal status of each individual detained at the facility as of the date 
of enactment of this Act.
    Sec. 545.  For purposes of section 210C of the Homeland Security 
Act of 2002 (6 U.S.C. 124j), for fiscal year 2011 and hereafter, a 
rural area shall also include any area that is located in a 
metropolitan statistical area and a county, borough, parish, or area 
under the jurisdiction of an Indian tribe with a population of not more 
than 50,000.
    Sec. 546.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301.10-124 of title 41, 
Code of Federal Regulations.
    Sec. 547.  None of the funds made available in this Act may be used 
to propose or effect a disciplinary or adverse action with respect to 
any Department of Homeland Security employee who engages regularly with 
the public in the performance of his or her official duties solely 
because that employee elects to utilize protective equipment or 
measures, including surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in accordance 
with Department of Homeland Security policy, and Centers for Disease 
Control and Prevention and Office of Personnel Management guidance.
    Sec. 548.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 549.  The Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, may, notwithstanding any other provision 
of law, for fiscal year 2011 and hereafter sell any real and personal 
property under the administrative control of the Coast Guard and used 
for the LORAN system, by directing the Administrator of General 
Services to sell such real and personal property, subject to such terms 
and conditions that the Secretary believes to be necessary to protect 
Government interests and program requirements of the Coast Guard: 
Provided, That the proceeds, less the costs of sale incurred by the 
General Services Administration, shall hereafter be deposited as 
offsetting collections into the Coast Guard ``Environmental Compliance 
and Restoration'' account and, without further appropriation, shall be 
available until expended for environmental compliance and restoration 
purposes associated with the LORAN system, for the costs of securing 
and maintaining equipment that may be used as a backup to the Global 
Positioning System or to meet any other Federal navigation requirement, 
for the demolition of improvements on such real property, and for the 
costs associated with the sale of such real and personal property, 
including due diligence requirements, necessary environmental 
remediation, and reimbursement of expenses incurred by the General 
Services Administration: Provided further, That after the completion of 
such activities, any unexpended balances shall hereafter be available 
for any other environmental compliance and restoration activities of 
the Coast Guard.
    Sec. 550.  The administrative law judge annuitants participating in 
the Senior Administrative Law Judge Program managed by the Director of 
the Office of Personnel Management under section 3323 of title 5, 
United States Code, shall be available on a temporary re-employment 
basis to conduct arbitrations of disputes as part of the arbitration 
panel established by the President under section 601 of division A of 
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 
123 Stat. 164).
    Sec. 551. (a) Any company that collects or retains personal 
information directly from any individual who participates in the 
Registered Traveler program of the Transportation Security 
Administration shall safeguard and dispose of such information in 
accordance with the requirements in--
            (1) the National Institute for Standards and Technology 
        Special Publication 800-30, entitled ``Risk Management Guide 
        for Information Technology Systems'';
            (2) the National Institute for Standards and Technology 
        Special Publication 800-53, Revision 3, entitled ``Recommended 
        Security Controls for Federal Information Systems and 
        Organizations''; and
            (3) any supplemental standards established by the Assistant 
        Secretary, Transportation Security Administration (referred to 
        in this section as the ``Assistant Secretary'').
    (b) The airport authority or air carrier operator that sponsors the 
company under the Registered Traveler program shall be known as the 
Sponsoring Entity.
    (c) The Assistant Secretary shall require any company covered by 
subsection (a) to provide, not later than 30 days after the date of the 
enactment of this Act, to the Sponsoring Entity written certification 
that the procedures used by the company to safeguard and dispose of 
information are in compliance with the requirements under subsection 
(a). Such certification shall include a description of the procedures 
used by the company to comply with such requirements.
    (d) Not later than 90 days after the date of the enactment of this 
Act, the Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and House of Representatives a report that 
includes a description of--
            (1) the procedures that have been used to safeguard and 
        dispose of personal information collected through the 
        Registered Traveler program; and
            (2) the status of any certifications required to be 
        submitted by subsection (c).
    Sec. 552.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 553.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any federal contract unless such contract is 
entered into in accordance with the requirements of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253) or 
Chapter 137 of title 10, United States Code, and the Federal 
Acquisition Regulation, unless such contract is otherwise authorized by 
statute to be entered into without regard to the above referenced 
statutes.
    Sec. 554. (a) Funds made available by this Act solely for data 
center migration may be transferred by the Secretary between 
appropriations for the same purpose, notwithstanding section 503 of 
this Act.
    (b) No transfer described in (a) shall occur until 15 days after 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified of such transfer.
    Sec. 555.  For an additional amount for the ``Office of the Under 
Secretary for Management'', $18,000,000, to increase the Department's 
acquisition workforce capacity and capabilities: Provided, That such 
funds may be transferred by the Under Secretary for Management to any 
other account in the Department to carry out the purposes provided 
herein: Provided further, That such transfer authority is in addition 
to any other transfer authority provided in this Act, but no transfer 
shall occur until 15 days after the Committees on Appropriations of the 
Senate and the House of Representatives are notified of such transfer: 
Provided further, That such funds shall be available only to supplement 
and not to supplant existing acquisition workforce activities: Provided 
further, That such funds shall be available for training, recruitment, 
retention, and hiring additional members of the acquisition workforce 
as defined by the Office of Federal Procurement Policy Act, as amended 
(41 U.S.C. 401 et seq.): Provided further, That such funds shall be 
available for information technology in support of acquisition 
workforce effectiveness or for management solutions to improve 
acquisition management.
    Sec. 556.  For an additional amount for the ``Office of the Under 
Secretary for Management'', $342,100,000, of which not to exceed 
$287,800,000 shall remain available until expended for necessary 
expenses to plan, acquire, construct, renovate, remediate, equip, 
furnish, and occupy buildings and facilities to consolidate the 
Department of Homeland Security headquarters at St. Elizabeths; and of 
which $54,300,000 shall remain available until expended for associated 
mission support lease consolidation.
    Sec. 557.  Notwithstanding any other provision of law, should the 
Secretary of Homeland Security determine that specific U.S. Immigration 
and Customs Enforcement Service Processing Centers, or other U.S. 
Immigration and Customs Enforcement owned detention facilities, no 
longer meet the mission need, the Secretary is authorized to dispose of 
individual Service Processing Centers, or other U.S. Immigration and 
Customs Enforcement owned detention facilities, by directing the 
Administrator of General Services to sell all real and related personal 
property which support Service Processing Centers, or other U.S. 
Immigration and Customs Enforcement owned detention facilities, 
operations, subject to such terms and conditions as necessary to 
protect Government interests and meet program requirements: Provided, 
That the proceeds, net of the costs of sale incurred by the General 
Services Administration and U.S. Immigration and Customs Enforcement 
shall be deposited as offsetting collections into a separate account 
that shall be available, subject to appropriation, until expended for 
other real property capital asset needs of existing U.S. Immigration 
and Customs Enforcement assets, excluding daily operations and 
maintenance costs, as the Secretary deems appropriate: Provided 
further, That any sale or collocation of federally owned detention 
facilities shall not result in the maintenance of fewer than 33,400 
detention beds: Provided further, That the Committees on Appropriations 
of the Senate and the House of Representatives shall be notified 15 
days prior to the announcement of any proposed collocation.
    Sec. 558.  The Department of Homeland Security shall report to 
Congress no later than February 7, 2011, with recommendations for 
savings from the identification of excess and surplus property as 
described in the June 10, 2010, Presidential Memorandum entitled 
``Disposing of Unneeded Federal Real Estate''.
    Sec. 559. (a) Civil Penalties.--Section 46301(a)(5)(A)(i) of title 
49, United States Code, is amended--
            (1) by striking ``or chapter 449'' and inserting ``chapter 
        449''; and
            (2) by inserting ``, or section 46314(a)'' after 
        ``44909)''.
    (b) Criminal Penalties.--Section 46314(b) of title 49, United 
States Code, is amended to read as follows:
    ``(b) Criminal Penalty.--A person violating subsection (a) of this 
section shall be fined under title 18, imprisoned for not more than 10 
years, or both.''.
    (c) Notice of Penalties.--Section 46314 of title 49, United States 
Code, is amended by adding at the end the following new subsection:
    ``(c) Notice of Penalties.--
            ``(1) In general.--Each operator of an airport in the 
        United States that is required to establish an air 
        transportation security program pursuant to section 44903(c) 
        shall ensure that signs that meet such requirements as the 
        Secretary of Homeland Security may prescribe providing notice 
        of the penalties imposed under sections 46301(a)(5)(A)(i) and 
        subsection (b) of this section, are displayed near all 
        screening locations, all locations where passengers exit the 
        sterile area, and such other locations at the airport as the 
        Secretary of Homeland Security determines appropriate.
            ``(2) Effect of signs on penalties.--An individual shall be 
        subject to the penalty provided for under section 
        46301(a)(5)(A)(i) and subsection (b) of this section without 
        regard to whether signs are displayed at an airport as required 
        by paragraph (1).''.
    Sec. 560.  Section 421 of the Coast Guard and Maritime 
Transportation Act of 2006 (Public Law 109-241; 120 Stat. 547) is 
amended--
            (1) by striking ``in the 48-month period beginning on the 
        date of enactment of this Act if,'' in subsection (a) and 
        inserting ``until the date of expiration of this section if,'';
            (2) by striking ``Subsection (a)(1)'' in subsection (b) and 
        inserting ``Subsection (a)''; and
            (3) by striking ``48 months after the date of enactment of 
        this Act.'' in subsection (d) and inserting ``on July 11, 
        2012.''
    Sec. 561.  Lot 1 of the Morning Heights Subdivision, Lot 2 and PT 
ST of the Morning Heights Subdivision, Lot 1 and PT ST of the Bayless 
Addition, and Lot 24 of the Bayless Addition in Findlay, Ohio, shall be 
available for construction and operation of portions of a flood control 
levee if a feasibility study completed by the Chief of Engineers, of 
the civil works program, of the United States Army Corps of Engineers 
indicates that such construction is the most appropriate and cost-
effective flood risk management project for the area: Provided, That 
those portions of the properties identified by the Chief of Engineers 
for construction and operation of portions of the flood control levee 
pursuant to the preceding proviso shall be excepted from section 
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, and those portions of the named properties that are not 
used to construct and operate portions of said flood control levee 
shall remain deeded as open space in perpetuity, in accordance with 
section 404(b)(2)(B).
    Sec. 562.  None of the funds appropriated or otherwise made 
available by this Act may be obligated by any covered executive agency 
in contravention of the certification requirement of section 6(b) of 
the Iran Sanctions Act of 1996, as included in the revisions to the 
Federal Acquisition Regulation pursuant to such section.
    Sec. 563.  Of the unobligated balances available in the fund 
codified under title 31 U.S.C. Sec. 9703, $22,600,000 are permanently 
rescinded.
    Sec. 564.  From the unobligated balances of prior year 
appropriations made available for U.S. Customs and Border Protection 
``Automation Modernization'', $10,000,000 are rescinded.
    Sec. 565.  From the unobligated balances of prior year 
appropriations made available for U.S. Customs and Border Protection 
``Border Security Fencing, Infrastructure, and Technology'', 
$25,000,000 are rescinded.
    Sec. 566.  From the unobligated balances of prior year 
appropriations made available for Transportation Security 
Administration, $15,000,000 are rescinded: Provided, That the 
Transportation Security Administration shall not rescind any 
unobligated balances from the following programs: screener partnership 
program; explosives detection systems; checkpoint support; aviation 
regulation and other enforcement; and air cargo.
    Sec. 567.  From the unobligated balances of prior year 
appropriations made available for Domestic Nuclear Detection Office 
``Research, Development, and Operations'', $27,000,000 are rescinded.
    Sec. 568.  From the unobligated balances of prior year 
appropriations made available for National Protection and Programs 
Directorate ``Infrastructure Protection and Information Security'', 
$6,000,000 are rescinded.
    Sec. 569.  From the unobligated balances of funds for the ``Office 
for Domestic Preparedness'' transferred to the Department of Homeland 
Security when it was established in 2003,$5,000,000 are rescinded.
    Sec. 570.  From the unobligated balances of prior year 
appropriations made available for U.S. Customs and Border Protection, 
``Salaries and Expenses'', Headquarters Management and Administration 
program, project, and activity, $14,500,000 are rescinded.
    Sec. 571.  From the unobligated balances of funds for the ``Violent 
Crime Reduction Program'' transferred to the Department of Homeland 
Security when it was established in 2003, $4,800,000 are rescinded.
    Sec. 572.  From the unobligated balances of prior year 
appropriations made available for ``United States Citizenship and 
Immigration Services'' in Public Law 111-83 for activities related to 
REAL ID Act implementation, $10,000,000 are rescinded.
    Sec. 573.  For fiscal year 2011 and hereafter, U.S. Customs and 
Border Protection's Advanced Training Center is authorized to charge 
fees for any service and/or thing of value it provides to Federal 
Government or non-government entities or individuals, so long as the 
fees charged do not exceed the full costs associated with the service 
or thing of value provided: Provided, That notwithstanding 31 U.S.C. 
3302(b), fees collected by the Advanced Training Center, are to be 
deposited into a separate account entitled the ``Advanced Training 
Center Revolving Fund'', and be available, without further 
appropriations, for necessary expenses of the Advanced Training Center 
program, and are to remain available until expended.
    Sec. 574.  For an additional amount for the Federal Emergency 
Management Agency, ``State and Local Programs'', $20,000,000, to remain 
available until expended, for necessary expenses for reimbursement of 
the actual costs to State and local governments for providing emergency 
management, public safety, and security at events, as determined by the 
Administrator of the Federal Emergency Management Agency related to the 
presence of National Special Security Event.
    Sec. 575.  The Administrator of the Federal Emergency Management 
Agency shall consider satisfied for Hurricane Katrina the non-Federal 
match requirement for assistance provided by the Federal Emergency 
Management Agency pursuant to section 404(a) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c(a).
    Sec. 576.  Notwithstanding any other provision of law, including 
any agreement, the Federal share of assistance, including direct 
Federal assistance provided under sections 403, 406, and 407 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5140b, 5172, and 5173), for damages resulting from FEMA-3311-EM-
RI, FEMA-1894-DR, FEMA-1867-DR, FEMA-1873-DR, FEMA-1889-DR, FEMA-1897-
DR, FEMA-1906-DR, FEMA-1909-DR, and FEMA-1916-DR shall not be less than 
90 percent of the eligible costs under such sections.
    Sec. 577.  The Administrator of the Federal Emergency Management 
Agency shall consider as non-discretionary the decision to award grants 
for the construction and equipping of any interoperable communications 
system for which construction was initiated before June 1, 2009, for 
which grant applications were made under section 573 of division E of 
the Consolidated Appropriations Act, 2008 (Public Law 110-161), section 
10501 of division B of the Consolidated Security, Disaster Assistance, 
and Continuing Appropriations Act, 2009 (Public Law 110-329), or 
section 603 of the Supplemental Appropriations Act, 2009 (Public Law 
111-32).
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2011''.
                                                       Calendar No. 466

111th CONGRESS

  2d Session

                                S. 3607

                          [Report No. 111-222]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2011, and for other purposes.

_______________________________________________________________________

                             July 19, 2010

                 Read twice and placed on the calendar
```