II 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2011, and for other purposes, namely: 
2 

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1 TITLE I 

2 DEPARTMENTAL MANAGEMENT AND 

3 OPERATIONS 

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 For necessary expenses of the Office of the Secretary 

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

8 Homeland Security Act of 2002 (6 U.S.C. 112), and exec9 utive management of the Department of Homeland Secu10 rity, as authorized by law, $150,605,000: Provided, That 

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

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

13 available to the Office of Policy solely to host Visa Waiver 

14 Program negotiations in Washington, DC: Provided fur15 ther, That all official costs associated with the use of Gov16 ernment aircraft by Department of Homeland Security 

17 personnel to support official travel of the Secretary and 

18 the Deputy Secretary shall be paid from amounts made 

19 available for the Immediate Office of the Secretary and 

20 the Immediate Office of the Deputy Secretary: Provided 

21 further, That $50,000,000 shall not be available for obliga22 tion until the Secretary submits: a comprehensive risk as23 sessment and national security strategy for the railroad 

24 sector as required by the Implementing Recommendations 

25 of the 9/11 Commission Act (Public Law 110–53); a de-
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1 tailed timeline for meeting all remaining congressional re2 quirements for surface transportation security included in 

3 Public Law 110–53; and a comprehensive plan on how the 

4 Department will meet the recommendations outlined in 

5 the Surface Transportation Security Priority Assessment 

6 by the National Security Council: Provided further, That 

7 $25,000,000 shall not be available for obligation until the 

8 Secretary submits a comprehensive plan to implement a 

9 biometric air exit capability in fiscal year 2011 to the 

10 Committees on Appropriations of the Senate and the 

11 House of Representatives. 

12 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

13 For necessary expenses of the Office of the Under 

14 Secretary for Management, as authorized by sections 701 

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

16 U.S.C. 341 through 345), $239,933,000, of which not to 

17 exceed $3,000 shall be for official reception and represen18 tation expenses: Provided, That of the total amount made 

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

20 available until expended solely for the alteration and im21 provement of facilities, tenant improvements, and reloca22 tion costs to consolidate Department headquarters oper23 ations at the Nebraska Avenue Complex; and $14,641,000 

24 shall remain available until expended for the Human Re25 sources Information Technology program. 
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $64,480,000, 

5 of which $11,000,000 shall remain available until ex6 pended for financial systems consolidation efforts. 

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief In9 formation Officer, as authorized by section 103 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 113), and De11 partment-wide technology investments, $382,459,000; of 

12 which $82,727,000 shall be available for salaries and ex13 penses; and of which $299,732,000, to remain available 

14 until expended, shall be available for development and ac15 quisition of information technology equipment, software, 

16 services, and related activities for the Department of 

17 Homeland Security: Provided, That of the total amount 

18 appropriated, not less than $83,948,000 shall be available 

19 for data center development, of which not less than 

20 $27,730,000 shall be available for power capabilities up21 grades and facility construction projects at Data Center 

22 One (National Center for Critical Information Processing 

23 and Storage): Provided further, That the Chief Informa24 tion Officer shall submit to the Committees on Appropria25 tions of the Senate and the House of Representatives, not 
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1 more than 60 days after the date of enactment of this 

2 Act, an expenditure plan for all information technology ac3 quisition projects that: (1) are funded under this heading; 

4 or (2) are funded by multiple components of the Depart5 ment of Homeland Security through reimbursable agree6 ments: Provided further, That such expenditure plan shall 

7 include each specific project funded, key milestones, all 

8 funding sources for each project, details of annual and 

9 lifecycle costs, and projected cost savings or cost avoidance 

10 to be achieved by the project: Provided further, That 

11 $75,000,000 shall not be available for obligation until the 

12 submission of the expenditure plan to the Committees on 

13 Appropriations of the Senate and the House of Represent14 atives. 

15 ANALYSIS AND OPERATIONS

16 For necessary expenses for intelligence analysis and 

17 operations coordination activities, as authorized by title II 

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

19 seq.), $340,000,000, of which not to exceed $5,000 shall 

20 be for official reception and representation expenses; and 

21 of which $53,975,000 shall remain available until Sep22 tember 30, 2012: Provided, That $20,000,000 shall be 

23 withheld from obligation until an expenditure plan for the 

24 Office of Intelligence and Analysis is received by the Com25 mittees on Appropriations of the Senate and House of 
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1 Representatives: Provided further, That none of the funds 

2 provided in this or any other Act shall be available to com3 mence operations of the National Immigration Informa4 tion Sharing Operation or any follow-on entity until the 

5 Secretary certifies that such program complies with all ex6 isting laws, including all applicable privacy and civil lib7 erties standards, the Comptroller General of the United 

8 States notifies the Committees on Appropriations of the 

9 Senate and the House of Representatives and the Sec10 retary that the Comptroller has reviewed such certifi11 cation, and the Secretary notifies the Committees on Ap12 propriations of the Senate and the House of Representa13 tives of all funds to be expended on operations of the Na14 tional Immigration Information Sharing Operation or any 

15 follow-on entity pursuant to section 503 of this Act. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

19 General Act of 1978 (5 U.S.C. App.), $116,806,000, of 

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

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

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 U.S. CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

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

8 inspections and regulatory activities related to plant and 

9 animal imports, and transportation of unaccompanied 

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

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

12 with individuals for personal services abroad; 

13 $8,290,986,000, of which $3,274,000 shall be derived 

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

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

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

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

21 expenses; of which not less than $314,052,000 shall be 

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

23 become available in the Customs User Fee Account, except 

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

25 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
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1 58c(f)(3)), shall be derived from that account; of which 

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

3 rental space in connection with preclearance operations; 

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

5 of compensation to informants, to be accounted for solely 

6 under the certificate of the Secretary of Homeland Secu7 rity: Provided, That for fiscal year 2011, the overtime lim8 itation prescribed in section 5(c)(1) of the Act of February 

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

11 appropriated by this Act may be available to compensate 

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

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

18 immigration emergencies: Provided further, That of the 

19 total amount provided, $1,700,000 shall remain available 

20 until September 30, 2012, for the Global Advanced Pas21 senger Information/Passenger Name Record Program: 

22 Provided further, That the Border Patrol shall maintain 

23 an active duty presence of not less than 20,370 agents 

24 protecting the borders of the United States throughout the 

25 fiscal year. 
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1 AUTOMATION MODERNIZATION

2 For expenses for U.S. Customs and Border Protec3 tion automated systems, $347,575,000, to remain avail4 able until expended, of which not less than $153,090,000 

5 shall be for the development of the Automated Commercial 

6 Environment: Provided, That of the total amount made 

7 available under this heading, $50,000,000 may not be obli8 gated for the Automated Commercial Environment pro9 gram until 30 days after the Committees on Appropria10 tions of the Senate and the House of Representatives re11 ceive a report on the results to date and a detailed expend12 iture plan for the program from the Department of Home13 land Security. 

14 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

15 TECHNOLOGY

16 For expenses for border security fencing, infrastruc17 ture, and technology, $574,173,000, to remain available 

18 until expended: Provided, That of the total amount made 

19 available under this heading, $75,000,000 shall not be ob20 ligated until the Committees on Appropriations of the Sen21 ate and the House of Representatives receive and approve 

22 a plan for expenditure, prepared by the Secretary of 

23 Homeland Security, reviewed by the Government Account24 ability Office, and submitted not later than 90 days after 

25 the date of the enactment of this Act, for a program to 
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1 establish and maintain a security barrier along the borders 

2 of the United States, of fencing and vehicle barriers where 

3 practicable, and of other forms of tactical infrastructure 

4 and technology. 

5 AIR AND MARINE INTERDICTION, OPERATIONS, 

6 MAINTENANCE, AND PROCUREMENT

7 For necessary expenses for the operations, mainte8 nance, and procurement of marine vessels, aircraft, un9 manned aircraft systems, and other related equipment of 

10 the air and marine program, including operational train11 ing and mission-related travel; the interdiction of narcotics 

12 and other goods; the provision of support to Federal, 

13 State, and local agencies in the enforcement or adminis14 tration of laws enforced by the Department; and at the 

15 discretion of the Secretary of Homeland Security, the pro16 vision of assistance to Federal, State, and local agencies 

17 in other law enforcement and emergency humanitarian ef18 forts, $523,751,000, to remain available until expended: 

19 Provided, That no aircraft or other related equipment, 

20 with the exception of aircraft that are one of a kind and 

21 have been identified as excess to U.S. Customs and Border 

22 Protection requirements and aircraft that have been dam23 aged beyond repair, shall be transferred to any other Fed24 eral agency, department, or office outside of the Depart25 ment in fiscal year 2011 without the prior approval of the 
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1 Committees on Appropriations of the Senate and the 

2 House of Representatives. 

3 CONSTRUCTION AND FACILITIES MANAGEMENT

4 (INCLUDING RESCISSION OF FUNDS)

5 For necessary expenses to plan, acquire, construct, 

6 renovate, equip, and maintain buildings and facilities nec7 essary for the administration and enforcement of the laws 

8 relating to customs, immigration, and border security, 

9 $279,740,000, to remain available until expended; of 

10 which $4,000,000 shall be for constructing and equipping 

11 the Advanced Training Center: Provided, That for fiscal 

12 year 2012 and hereafter, the annual budget submission 

13 of U.S. Customs and Border Protection for ‘‘Construction 

14 and Facilities Management’’ shall, in consultation with the 

15 General Services Administration, include a detailed 5-year 

16 plan for all Federal land border port of entry projects with 

17 a yearly update of total projected future funding needs 

18 delineated by land port of entry. 

19 Of the unobligated balances available under the head20 ings ‘‘Construction’’ and ‘‘Construction and Facilities 

21 Management’’ of prior year appropriations for construc22 tion projects, $99,772,000 are rescinded: Provided, That 

23 amounts rescinded shall be limited to Border Patrol 

24 projects and facilities: Provided further, That no amounts 

25 may be rescinded from amounts that were designated by 
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1 the Congress as an emergency requirement pursuant to 

2 the Concurrent Resolution on the Budget or the Balanced 

3 Budget and Emergency Deficit Control Act of 1985, as 

4 amended. 

5 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

6 SALARIES AND EXPENSES

7 For necessary expenses for enforcement of immigra8 tion and customs laws, detention and removals, and inves9 tigations; and purchase and lease of up to 3,790 (2,350 

10 for replacement only) police-type vehicles; $5,466,462,000, 

11 of which not to exceed $10,000,000 shall be available until 

12 expended for conducting special operations under section 

13 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 

14 2081); of which not to exceed $15,000 shall be for official 

15 reception and representation expenses; of which not to ex16 ceed $2,000,000 shall be for awards of compensation to 

17 informants, to be accounted for solely under the certificate 

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

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

20 of the child pornography tipline and anti-child exploitation 

21 activities; of which not less than $5,400,000 shall be used 

22 to facilitate agreements consistent with section 287(g) of 

23 the Immigration and Nationality Act (8 U.S.C. 1357(g)); 

24 and of which not to exceed $11,216,000 shall be available 

25 to fund or reimburse other Federal agencies for the costs 
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1 associated with the care, maintenance, and repatriation of 

2 smuggled aliens unlawfully present in the United States: 

3 Provided, That none of the funds made available under 

4 this heading shall be available to compensate any employee 

5 for overtime in an annual amount in excess of $35,000, 

6 except that the Secretary, or the designee of the Secretary, 

7 may waive that amount as necessary for national security 

8 purposes and in cases of immigration emergencies: Pro9 vided further, That of the total amount provided, 

10 $15,770,000 shall be for activities in fiscal year 2011 to 

11 enforce laws against forced child labor, of which not to 

12 exceed $6,000,000 shall remain available until expended: 

13 Provided further, That the Secretary shall prioritize the 

14 identification and removal of aliens convicted of a crime 

15 by the severity of that crime: Provided further, That noth16 ing under this heading shall prevent U.S. Immigration and 

17 Customs Enforcement from exercising those authorities 

18 provided under immigration laws (as defined in section 

19 101(a)(17) of the Immigration and Nationality Act (8 

20 U.S.C. 1101(a)(17))) during priority operations per21 taining to aliens convicted of a crime: Provided further, 

22 That funding made available under this heading shall 

23 maintain a level of not less than 33,400 detention beds 

24 through September 30, 2011: Provided further, That of 

25 the total amount provided, not less than $2,618,237,000 
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1 is for detention and removal operations, including trans2 portation of unaccompanied minor aliens: Provided fur3 ther, That of the total amount provided, $7,300,000 shall 

4 remain available until September 30, 2012, for the Visa 

5 Security Program: Provided further, That none of the 

6 funds provided under this heading may be used to con7 tinue a delegation of law enforcement authority authorized 

8 under section 287(g) of the Immigration and Nationality 

9 Act (8 U.S.C. 1357(g)) if the Department of Homeland 

10 Security Inspector General determines that the terms of 

11 the agreement governing the delegation of authority have 

12 been violated: Provided further, That none of the funds 

13 provided under this heading may be used to continue any 

14 contract for the provision of detention services if the two 

15 most recent overall performance evaluations received by 

16 the contracted facility are less than adequate or the equiv17 alent median score in any subsequent performance evalua18 tion system: Provided further, That any sale or collocation 

19 of federally owned detention facilities shall not result in 

20 the maintenance of fewer than 33,400 detention beds: Pro21 vided further, That the Committees on Appropriations 

22 shall be notified 15 days prior to the announcement of 

23 any proposed sale or collocation of a federally owned de24 tention facility. 
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1 AUTOMATION MODERNIZATION

2 For expenses of immigration and customs enforce3 ment automated systems, $84,700,000, to remain avail4 able until expended: Provided, That of the funds made 

5 available under this heading, $10,000,000 shall not be ob6 ligated until the Committees on Appropriations of the Sen7 ate and the House of Representatives receive an expendi8 ture plan prepared by the Assistant Secretary of U.S. Im9 migration and Customs Enforcement. 

10 TRANSPORTATION SECURITY ADMINISTRATION

11 AVIATION SECURITY

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

15 Security Act (Public Law 107–71), $5,490,549,000, to re16 main available until September 30, 2012, of which not to 

17 exceed $10,000 shall be for official reception and represen18 tation expenses: Provided, That of the total amount made 

19 available under this heading, not to exceed 

20 $4,400,012,000 shall be for screening operations, of which 

21 $678,325,000 shall be available for explosives detection 

22 systems; and not to exceed $1,090,537,000 shall be for 

23 aviation security direction and enforcement: Provided fur24 ther, That of the amount made available in the preceding 

25 proviso for explosives detection systems, $355,000,000 
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1 shall be available for the purchase and installation of these 

2 systems, of which not less than 8 percent shall be available 

3 for the purchase and installation of certified explosives de4 tection systems at medium- and small-sized airports: Pro5 vided further, That any award to deploy explosives detec6 tion systems shall be based on risk, the airport’s current 

7 reliance on other screening solutions, lobby congestion re8 sulting in increased security concerns, high injury rates, 

9 airport readiness, and increased cost effectiveness: Pro10 vided further, That security service fees authorized under 

11 section 44940 of title 49, United States Code, shall be 

12 credited to this appropriation as offsetting collections and 

13 shall be available only for aviation security: Provided fur14 ther, That the sum appropriated under this heading from 

15 the general fund shall be reduced on a dollar-for-dollar 

16 basis as such offsetting collections are received in fiscal 

17 year 2011, so as to result in a final fiscal year appropria18 tion from the general fund of not more than 

19 $3,390,549,000: Provided further, That any security serv20 ice fees collected in excess of the amount made available 

21 under this heading shall be available for fiscal year 2012: 

22 Provided further, That Members of the House of Rep23 resentatives and Senate, including the leadership; the 

24 heads of Federal agencies and commissions, including the 

25 Secretary, Deputy Secretary, Under Secretaries, and As-
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1 sistant Secretaries of the Department of Homeland Secu2 rity; the Attorney General, or Assistant Attorneys Gen3 eral, or the United States attorneys; and senior members 

4 of the Executive Office of the President, including the Di5 rector of the Office of Management and Budget; shall not 

6 be exempt from Federal passenger and baggage screening. 

7 SURFACE TRANSPORTATION SECURITY

8 For necessary expenses of the Transportation Secu9 rity Administration related to surface transportation secu10 rity activities, $137,558,000, to remain available until 

11 September 30, 2012. 

12 TRANSPORTATION THREAT ASSESSMENT AND

13 CREDENTIALING

14 For necessary expenses for the development and im15 plementation of screening programs of the Office of 

16 Transportation Threat Assessment and Credentialing, 

17 $147,224,000, to remain available until September 30, 

18 2012: Provided, That if the Assistant Secretary of Home19 land Security (Transportation Security Administration) 

20 determines that the Secure Flight program does not need 

21 to check airline passenger names against the full terrorist 

22 watchlist, the Assistant Secretary shall certify to the Com23 mittees on Appropriations of the Senate and the House 

24 of Representatives not later than December 31, 2010, that 

25 no significant security risks are raised by screening airline 
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1 passenger names only against a subset of the full terrorist 

2 watchlist. 

3 TRANSPORTATION SECURITY SUPPORT

4 For necessary expenses of the Transportation Secu5 rity Administration related to providing transportation se6 curity support and intelligence pursuant to the Aviation 

7 and Transportation Security Act (Public Law 107–71), 

8 $1,047,929,000, to remain available until September 30, 

9 2012: Provided, That of the funds appropriated under this 

10 heading, $50,000,000 may not be obligated for head11 quarters administration until the Assistant Secretary of 

12 Homeland Security (Transportation Security Administra13 tion) submits to the Committees on Appropriations of the 

14 Senate and the House of Representatives detailed expendi15 ture plans for air cargo security, and for checkpoint sup16 port and explosives detection systems refurbishment, pro17 curement, and installations on an airport-by-airport basis 

18 for fiscal year 2011: Provided further, That such plans 

19 shall be submitted no later than 60 days after the date 

20 of enactment of this Act. 

21 FEDERAL AIR MARSHALS

22 For necessary expenses of the Federal Air Marshals, 

23 $950,015,000. 
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1 COAST GUARD

2 OPERATING EXPENSES

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

7 of small boats for contingent and emergent requirements 

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

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

10 $26,000,000; minor shore construction projects not ex11 ceeding $1,000,000 in total cost at any location; payments 

12 pursuant to section 156 of Public Law 97–377 (42 U.S.C. 

13 402 note; 96 Stat. 1920); and recreation and welfare; 

14 $6,970,681,000, of which $594,461,000 shall be for de15 fense-related activities, of which $254,461,000 is for over16 seas deployments and other activities; of which 

17 $24,500,000 shall be derived from the Oil Spill Liability 

18 Trust Fund to carry out the purposes of section 

19 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

20 2712(a)(5)); of which not to exceed $20,000 shall be for 

21 official reception and representation expenses: Provided, 

22 That none of the funds made available by this or any other 

23 Act shall be available for administrative expenses in con24 nection with shipping commissioners in the United States: 

25 Provided further, That none of the funds made available 
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1 by this Act shall be for expenses incurred for recreational 

2 vessels under section 12114 of title 46, United States 

3 Code, except to the extent fees are collected from yacht 

4 owners and credited to this appropriation: Provided fur5 ther, That the Coast Guard shall comply with the require6 ments of section 527 of the National Defense Authoriza7 tion Act for 2004 (10 U.S.C. 4331 note) with respect to 

8 the Coast Guard Academy: Provided further, That of the 

9 funds made available under this heading, $75,000,000 

10 shall be withheld from obligation for Headquarters Direc11 torates until: (1) the fiscal year 2011 second quarter ac12 quisition report; (2) the annual review of the Revised 

13 Deepwater Implementation Plan; and (3) the future-years 

14 capital investment plan for fiscal years 2012–2016 are re15 ceived by the Committees on Appropriations of the Senate 

16 and the House of Representatives: Provided further, That 

17 funds made available under this heading for overseas de18 ployments and other activities may be allocated by pro19 gram, project, and activity, notwithstanding section 503 

20 of this Act. 

21 ENVIRONMENTAL COMPLIANCE AND RESTORATION

22 For necessary expenses to carry out the environ23 mental compliance and restoration functions of the Coast 

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

25 $13,329,000, to remain available until expended. 
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1 RESERVE TRAINING

2 For necessary expenses of the Coast Guard Reserve, 

3 as authorized by law; operations and maintenance of the 

4 reserve program; personnel and training costs; and equip5 ment and services; $135,675,000. 

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 For necessary expenses of acquisition, construction, 

8 renovation, and improvement of aids to navigation, shore 

9 facilities, vessels, and aircraft, including equipment related 

10 thereto; and maintenance, rehabilitation, lease and oper11 ation of facilities and equipment, as authorized by law; 

12 $1,582,578,000, of which $20,000,000 shall be derived 

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

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

15 of 1990 (33 U.S.C. 2712(a)(5)); of which $13,965,000 

16 shall be derived from the Coast Guard Housing Fund, es17 tablished pursuant to 14 U.S.C. 687, and shall remain 

18 available until expended for military family housing; of 

19 which $62,000,000 shall be available until September 30, 

20 2015, to acquire, effect major repairs, renovate, or im21 prove vessels, small boats, and related equipment; of which 

22 $36,000,000 shall be available until September 30, 2013, 

23 for other equipment; of which $108,350,000 shall be avail24 able until September 30, 2013, for shore facilities and aids 

25 to navigation facilities, including not less than 
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1 $23,500,000 for waterfront improvements and support fa2 cilities for buoy tender operations at Naval Station New3 port, not less than $18,100,000 for the Coast Guard Sec4 tor Honolulu Command and Interagency Operations Cen5 ter, and not less than $21,050,000 for Coast Guard Sta6 tion Cleveland Harbor; of which $107,561,000 shall be 

7 available for personnel compensation and benefits and re8 lated costs; and of which $1,233,502,000 shall be available 

9 until September 30, 2015, for the Integrated Deepwater 

10 Systems program: Provided, That of the funds made avail11 able for the Integrated Deepwater Systems program, 

12 $112,000,000 is for aircraft and $966,002,000 is for sur13 face ships: Provided further, That the Commandant of the 

14 Coast Guard shall submit to the Committees on Appro15 priations of the Senate and the House of Representatives, 

16 in conjunction with the President’s fiscal year 2012 budg17 et, a review of the Revised Deepwater Implementation 

18 Plan that identifies any changes to the plan for the fiscal 

19 year; an annual performance comparison of Integrated 

20 Deepwater Systems program assets to pre-Deepwater leg21 acy assets; a status report of such legacy assets; a detailed 

22 explanation of how the costs of such legacy assets are 

23 being accounted for within the Integrated Deepwater Sys24 tems program; and the earned value management system 

25 gold card data for each Integrated Deepwater Systems 
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1 program asset: Provided further, That the Commandant 

2 of the Coast Guard shall submit to the Committees on Ap3 propriations of the Senate and the House of Representa4 tives, in conjunction with the fiscal year 2016 budget re5 quest, and every 5 years thereafter, a comprehensive re6 view of the Revised Deepwater Implementation Plan, that 

7 includes a complete projection of the acquisition costs and 

8 schedule for the duration of the plan: Provided further, 

9 That the Commandant of the Coast Guard shall annually 

10 submit to the Committees on Appropriations of the Senate 

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

12 President’s budget is submitted under section 1105(a) of 

13 title 31, United States Code, a future-years capital invest14 ment plan for the Coast Guard that identifies for each 

15 capital budget line item— 

16 (1) the proposed appropriation included in that 

17 budget; 

18 (2) the total estimated cost of completion; 

19 (3) projected funding levels for each fiscal year 

20 for the next 5 fiscal years or until project comple21 tion, whichever is earlier; 

22 (4) an estimated completion date at the pro23 jected funding levels; and 

24 (5) changes, if any, in the total estimated cost 

25 of completion or estimated completion date from 
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1 previous future-years capital investment plans sub2 mitted to the Committees on Appropriations of the 

3 Senate and the House of Representatives: 

4 Provided further, That the Commandant of the Coast 

5 Guard shall ensure that amounts specified in the future6 years capital investment plan are consistent, to the max7 imum extent practicable, with proposed appropriations 

8 necessary to support the programs, projects, and activities 

9 of the Coast Guard in the President’s budget as submitted 

10 under section 1105(a) of title 31, United States Code, for 

11 that fiscal year: Provided further, That any inconsistencies 

12 between the capital investment plan and proposed appro13 priations shall be identified and justified: Provided further, 

14 That subsections (a) and (b) of section 6402 of the U.S. 

15 Troop Readiness, Veterans’ Care, Katrina Recovery, and 

16 Iraq Accountability Appropriations Act, 2007 (Public Law 

17 110–28) shall apply to fiscal year 2011. 

18 ALTERATION OF BRIDGES

19 For necessary expenses for alteration or removal of 

20 obstructive bridges, as authorized by section 6 of the Tru21 man-Hobbs Act (33 U.S.C. 516), $4,000,000, to remain 

22 available until expended: Provided, That of the amounts 

23 made available under this heading, $4,000,000 shall be 

24 for the Union Pacific Railroad Bridge in Clinton, Iowa. 
25 

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1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific re3 search, development, test, and evaluation; and for mainte4 nance, rehabilitation, lease, and operation of facilities and 

5 equipment; as authorized by law; $28,034,000, to remain 

6 available until expended, of which $500,000 shall be de7 rived from the Oil Spill Liability Trust Fund to carry out 

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

9 of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 

10 be credited to and used for the purposes of this appropria11 tion funds received from State and local governments, 

12 other public authorities, private sources, and foreign coun13 tries for expenses incurred for research, development, test14 ing, and evaluation. 

15 RETIRED PAY

16 For retired pay, including the payment of obligations 

17 otherwise chargeable to lapsed appropriations for this pur18 pose, payments under the Retired Serviceman’s Family 

19 Protection and Survivor Benefits Plans, payment for ca20 reer status bonuses, concurrent receipts and combat-re21 lated special compensation under the National Defense 

22 Authorization Act, and payments for medical care of re23 tired personnel and their dependents under chapter 55 of 

24 title 10, United States Code, $1,400,700,000, to remain 

25 available until expended. 
26 

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1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret 

4 Service, including: purchase of not to exceed 652 vehicles 

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

6 motor vehicles; purchase of motorcycles made in the 

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

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

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

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

11 facilities on private or other property not in Government 

12 ownership or control, as may be necessary to perform pro13 tective functions; payment of per diem or subsistence al14 lowances to employees where a protective assignment dur15 ing the actual day or days of the visit of a protectee re16 quires an employee to work 16 hours per day or to remain 

17 overnight at a post of duty; conduct of and participation 

18 in firearms matches; presentation of awards; travel of 

19 United States Secret Service employees on protective mis20 sions without regard to the limitations on such expendi21 tures in this or any other Act if approval is obtained in 

22 advance from the Committees on Appropriations of the 

23 Senate and the House of Representatives; research and 

24 development; grants to conduct behavioral research in sup25 port of protective research and operations; and payment 
27 

•S 3607 PCS

1 in advance for commercial accommodations as may be nec2 essary to perform protective functions; $1,571,642,000, of 

3 which not to exceed $25,000 shall be for official reception 

4 and representation expenses; of which not to exceed 

5 $100,000 shall be to provide technical assistance and 

6 equipment to foreign law enforcement organizations in 

7 counterfeit investigations; of which $2,366,000 shall be for 

8 forensic and related support of investigations of missing 

9 and exploited children; and of which $6,000,000 shall be 

10 for a grant for activities related to the investigations of 

11 missing and exploited children and shall remain available 

12 until expended: Provided, That up to $18,000,000 for pro13 tective travel shall remain available until September 30, 

14 2012: Provided further, That up to $1,000,000 for Na15 tional Special Security Events shall remain available until 

16 expended: Provided further, That the United States Secret 

17 Service is authorized to obligate funds in anticipation of 

18 reimbursements from Federal agencies and entities, as de19 fined in section 105 of title 5, United States Code, receiv20 ing training sponsored by the James J. Rowley Training 

21 Center, except that total obligations at the end of the fis22 cal year shall not exceed total budgetary resources avail23 able under this heading at the end of the fiscal year: Pro24 vided further, That none of the funds made available under 

25 this heading shall be available to compensate any employee 
28 

•S 3607 PCS

1 for overtime in an annual amount in excess of $35,000, 

2 except that the Secretary of Homeland Security, or the 

3 designee of the Secretary, may waive that amount as nec4 essary for national security purposes: Provided further, 

5 That none of the funds made available to the United 

6 States Secret Service by this Act or by previous appropria7 tions Acts may be made available for the protection of the 

8 head of a Federal agency other than the Secretary of 

9 Homeland Security: Provided further, That the Director 

10 of the United States Secret Service may enter into an 

11 agreement to perform such service on a fully reimbursable 

12 basis: Provided further, That of the total amount made 

13 available under this heading, $69,960,000, to remain 

14 available until expended, is for information technology 

15 modernization: Provided further, That $20,000,000 is un16 available for obligation to purchase or install information 

17 technology equipment until the Chief Information Officer 

18 of the Department of Homeland Security submits a report 

19 to the Committees on Appropriations of the Senate and 

20 the House of Representatives certifying that all plans for 

21 such modernization are consistent with Department of 

22 Homeland Security data center migration and enterprise 

23 architecture requirements: Provided further, That 

24 $8,000,000 shall not be made available for obligation until 

25 enactment into law of authorizing legislation that incor-
29 

•S 3607 PCS

1 porates the authorities of the United States Secret Service 

2 Uniformed Division into the United States Code, including 

3 restructuring the United States Secret Service Uniformed 

4 Division’s pay chart. 

5 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

6 RELATED EXPENSES

7 For necessary expenses for acquisition, construction, 

8 repair, alteration, and improvement of facilities, 

9 $3,975,000, to remain available until expended. 

10 TITLE III 

11 PROTECTION, PREPAREDNESS, RESPONSE, AND 

12 RECOVERY 

13 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

14 MANAGEMENT AND ADMINISTRATION

15 For salaries and expenses of the Office of the Under 

16 Secretary for the National Protection and Programs Di17 rectorate, support for operations, information technology, 

18 and the Office of Risk Management and Analysis, 

19 $45,137,000: Provided, That not to exceed $5,000 shall 

20 be for official reception and representation expenses. 

21 INFRASTRUCTURE PROTECTION AND INFORMATION

22 SECURITY

23 For necessary expenses for infrastructure protection 

24 and information security programs and activities, as au25 thorized by title II of the Homeland Security Act of 2002 
30 

•S 3607 PCS

1 (6 U.S.C. 121 et seq.), $880,423,000, of which 

2 $720,884,000 shall remain available until September 30, 

3 2012: Provided, That of the total amount provided, not 

4 less than $18,000,000 shall be for the National Infra5 structure Simulation and Analysis Center. 

6 FEDERAL PROTECTIVE SERVICE

7 The revenues and collections of security fees credited 

8 to this account shall be available until expended for nec9 essary expenses related to the protection of federally10 owned and leased buildings and for the operations of the 

11 Federal Protective Service: Provided, That the Secretary 

12 of Homeland Security and the Director of the Office of 

13 Management and Budget shall certify in writing to the 

14 Committees on Appropriations of the Senate and the 

15 House of Representatives not later than December 31, 

16 2010, that the operations of the Federal Protective Service 

17 will be fully funded in fiscal year 2011 through revenues 

18 and collection of security fees, and shall adjust the fees 

19 to ensure fee collections are sufficient to ensure that the 

20 Federal Protective Service maintains not fewer than 1,348 

21 full-time equivalent staff and 1,011 full-time equivalent 

22 Police Officers, Inspectors, Area Commanders, and Spe23 cial Agents who, while working, are directly engaged on 

24 a daily basis protecting and enforcing laws at Federal 

25 buildings (referred to as ‘‘in-service field staff’’). 
31 

•S 3607 PCS

1 UNITED STATES VISITOR AND IMMIGRANT STATUS

2 INDICATOR TECHNOLOGY

3 For necessary expenses for the development of the 

4 United States Visitor and Immigrant Status Indicator 

5 Technology project, as authorized by section 110 of the 

6 Illegal Immigration Reform and Immigrant Responsibility 

7 Act of 1996 (8 U.S.C. 1365a), $334,613,000, of which 

8 $50,000,000 shall remain available until September 30, 

9 2012: Provided, That of the total amount made available 

10 under this heading, $167,307,000 shall not be obligated 

11 for the United States Visitor and Immigrant Status Indi12 cator Technology project until the Committees on Appro13 priations of the Senate and the House of Representatives 

14 receive a plan for expenditure, prepared by the Secretary 

15 of Homeland Security, not later than 90 days after the 

16 date of enactment of this Act that meets the statutory con17 ditions specified under this heading in Public Law 110– 

18 329: Provided further, That not less than $50,000,000 of 

19 unobligated balances of prior year appropriations shall re20 main available and be obligated solely for implementation 

21 of a biometric air exit capability. 

22 OFFICE OF HEALTH AFFAIRS

23 For necessary expenses of the Office of Health Af24 fairs, $155,459,000, of which $27,553,000 is for salaries 

25 and expenses: Provided, That $127,906,000 shall remain 
32 

•S 3607 PCS

1 available until September 30, 2012, for biosurveillance, 

2 BioWatch, medical readiness planning, chemical response, 

3 and other activities: Provided further, That not to exceed 

4 $3,000 shall be for official reception and representation 

5 expenses. 

6 FEDERAL EMERGENCY MANAGEMENT AGENCY

7 MANAGEMENT AND ADMINISTRATION

8 For necessary expenses for management and admin9 istration of the Federal Emergency Management Agency, 

10 $696,236,000, including activities authorized by the Na11 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

12 seq.), the Robert T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro 

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

15 114 Stat. 583), the Earthquake Hazards Reduction Act 

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

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

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

19 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

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

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

22 Reform Act of 2006 (Public Law 109–295; 120 Stat. 

23 1394): Provided, That not to exceed $3,000 shall be for 

24 official reception and representation expenses: Provided 

25 further, That the President’s budget submitted under sec-
33 

•S 3607 PCS

1 tion 1105(a) of title 31, United States Code, shall be de2 tailed by office for the Federal Emergency Management 

3 Agency: Provided further, That the Administrator of the 

4 Federal Emergency Management Agency shall provide to 

5 the Committees on Appropriations of the Senate and the 

6 House of Representatives an expenditure plan for all funds 

7 made available in this Act for Federal Emergency Man8 agement Agency ‘‘Management and Administration’’, not 

9 later than 90 days after the date of enactment of this Act: 

10 Provided further, That of the total amount made available 

11 under this heading, not to exceed $12,000,000 shall re12 main available until September 30, 2012, for capital im13 provements at the Mount Weather Emergency Operations 

14 Center: Provided further, That of the total amount made 

15 available under this heading, $38,000,000 shall be for the 

16 Urban Search and Rescue Response System, of which not 

17 to exceed $1,600,000 may be made available for adminis18 trative costs; and $7,049,000 shall be for the Office of 

19 National Capital Region Coordination: Provided further, 

20 That for purposes of planning, coordination, execution, 

21 and decisionmaking related to mass evacuation during a 

22 disaster, for fiscal year 2011 and hereafter, the Governors 

23 of the State of West Virginia and the Commonwealth of 

24 Pennsylvania, or their designees, shall be incorporated into 

25 efforts to integrate the activities of Federal, State, and 
34 

•S 3607 PCS

1 local governments in the National Capital Region, as de2 fined in section 882 of Public Law 107–296, the Home3 land Security Act of 2002. 

4 STATE AND LOCAL PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For grants, contracts, cooperative agreements, and 

7 other activities, $3,078,970,000 shall be allocated as fol8 lows: 

9 (1) $950,000,000 shall be for the State Home10 land Security Grant Program under section 2004 of 

11 the Homeland Security Act of 2002 (6 U.S.C. 605): 

12 Provided, That of the amount provided by this para13 graph, $60,000,000 shall be for Operation 

14 Stonegarden. 

15 (2) $950,000,000 shall be for the Urban Area 

16 Security Initiative under section 2003 of the Home17 land Security Act of 2002 (6 U.S.C. 604), of which, 

18 notwithstanding subsection (c)(1) of such section, 

19 $20,000,000 shall be for grants to organizations (as 

20 described under section 501(c)(3) of the Internal 

21 Revenue Code of 1986 and exempt from tax section 

22 501(a) of such code) determined by the Secretary of 

23 Homeland Security to be at high risk of a terrorist 

24 attack. 
35 

•S 3607 PCS

1 (3) $35,000,000 shall be for Regional Cata2 strophic Preparedness Grants. 

3 (4) $38,000,000 shall be for the Metropolitan 

4 Medical Response System under section 635 of the 

5 Post-Katrina Emergency Management Reform Act 

6 of 2006 (6 U.S.C. 723). 

7 (5) $11,500,000 shall be for the Citizen Corps 

8 Program. 

9 (6) $350,000,000 shall be for Public Transpor10 tation Security Assistance, Railroad Security Assist11 ance, and Over-the-Road Bus Security Assistance 

12 under section 1406, 1513, and 1532 of the Imple13 menting Recommendations of the 9/11 Commission 

14 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 

15 1163, and 1182); of which not less than 

16 $25,000,000 shall be for Amtrak security; and not 

17 less than $6,000,000 shall be for Over-the-Road Bus 

18 Security Assistance. 

19 (7) $350,000,000 shall be for Port Security 

20 Grants in accordance with 46 U.S.C. 70107. 

21 (8) $50,000,000 shall be for Buffer Zone Pro22 tection Program Grants. 

23 (9) $50,000,000 shall be for the Interoperable 

24 Emergency Communications Grant Program under 
36 

•S 3607 PCS

1 section 1809 of the Homeland Security Act of 2002 

2 (6 U.S.C. 579). 

3 (10) $31,520,000 shall be for grants for Emer4 gency Operations Centers under section 614 of the 

5 Robert T. Stafford Disaster Relief and Emergency 

6 Assistance Act (42 U.S.C. 5196c) to remain avail7 able until expended, of which not less than the 

8 amount specified for each Emergency Operations 

9 Center shall be provided as follows: $500,000, City 

10 of Compton, California; $500,000, City of Pasadena, 

11 California; $1,000,000, State of Illinois, Springfield, 

12 Illinois; $610,000, Polk County, Iowa; $750,000, 

13 Louisiana Sheriffs’ Association, Baton Rouge, Lou14 isiana; $250,000, City of Baton Rouge, Louisiana; 

15 $250,000, State of Michigan, Lansing, Michigan; 

16 $771,000, Missoula County, Montana; $129,000, 

17 Park County, Montana; $950,000, City of Passaic, 

18 New Jersey; $3,450,000, Hudson County, New Jer19 sey; $600,000, City of Orange Township, New Jer20 sey; $1,000,000, Rhode Island Emergency Manage21 ment Agency, East Greenwich, Rhode Island; and 

22 $5,000,000, State of West Virginia, Charleston, 

23 West Virginia. 
37 

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1 (11) $262,950,000 shall be for training, exer2 cises, technical assistance, and other programs, of 

3 which— 

4 (A) $159,500,000 shall be for the National 

5 Domestic Preparedness Consortium in accord6 ance with section 1204 of the Implementing 

7 Recommendations of the 9/11 Commission Act 

8 of 2007 (6 U.S.C. 1102), of which $62,500,000 

9 shall be for the Center for Domestic Prepared10 ness; $23,000,000 shall be for the National En11 ergetic Materials Research and Testing Center, 

12 New Mexico Institute of Mining and Tech13 nology; $23,000,000 shall be for the National 

14 Center for Biomedical Research and Training, 

15 Louisiana State University; $23,000,000 shall 

16 be for the National Emergency Response and 

17 Rescue Training Center, Texas A&M Univer18 sity; $23,000,000 shall be for the National Ex19 ercise, Test, and Training Center, Nevada Test 

20 Site; and $5,000,000 shall be for the National 

21 Disaster Preparedness Training Center, Univer22 sity of Hawaii, Honolulu, Hawaii; and 

23 (B) $2,450,000 shall be for the Center for 

24 Counterterrorism and Cybercrime, Norwich 

25 University, Northfield, Vermont: 
38 

•S 3607 PCS

1 Provided, That not to exceed 5 percent of the amounts 

2 provided under this heading shall be transferred to the 

3 Federal Emergency Management Agency ‘‘Management 

4 and Administration’’ account for program administration: 

5 Provided further, That notwithstanding section 

6 2008(a)(11) of the Homeland Security Act of 2002 (6 

7 U.S.C. 609(a)(11)), or any other provision of law, a grant8 ee may use not more than 5 percent of the amount of 

9 a grant made available under this heading for expenses 

10 directly related to administration of the grant: Provided 

11 further, That for grants under paragraphs (1) through (5), 

12 the applications for grants shall be made available to eligi13 ble applicants not later than 25 days after the date of en14 actment of this Act, that eligible applicants shall submit 

15 applications not later than 90 days after the grant an16 nouncement, and that the Administrator of the Federal 

17 Emergency Management Agency shall act within 90 days 

18 after receipt of an application: Provided further, That for 

19 grants under paragraphs (6) through (9), the applications 

20 for grants shall be made available to eligible applicants 

21 not later than 30 days after the date of enactment of this 

22 Act, that eligible applicants shall submit applications with23 in 45 days after the grant announcement, and that the 

24 Administrator of the Federal Emergency Management 

25 Agency shall act not later than 60 days after receipt of 
39 

•S 3607 PCS

1 an application: Provided further, That for grants under 

2 paragraphs (1) and (2), the installation of communica3 tions towers is not considered construction of a building 

4 or other physical facility: Provided further, That in fiscal 

5 year 2011 and hereafter, (a) the Center for Domestic Pre6 paredness may provide training to emergency response 

7 providers from the Federal Government, foreign govern8 ments, or private entities, if the Center for Domestic Pre9 paredness is reimbursed for the cost of such training, and 

10 any reimbursement under this subsection shall be credited 

11 to the account from which the expenditure being reim12 bursed was made and shall be available, without fiscal year 

13 limitation, for the purposes for which amounts in the ac14 count may be expended; (b) the head of the Center for 

15 Domestic Preparedness shall ensure that any training pro16 vided under (a) does not interfere with the primary mis17 sion of the Center to train state and local emergency re18 sponse providers; (c) subject to (b), nothing in (a) pro19 hibits the Center for Domestic Preparedness from pro20 viding training to employees of the Federal Emergency 

21 Management Agency for the professional development of 

22 those employees pursuant to 5 U.S.C. § 4103 without re23 imbursement for the cost of such training. 
40 

•S 3607 PCS

1 FIREFIGHTER ASSISTANCE GRANTS

2 For necessary expenses for programs authorized by 

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

4 U.S.C. 2201 et seq.), $810,000,000, of which 

5 $390,000,000 shall be available to carry out section 33 

6 of that Act (15 U.S.C. 2229) and $420,000,000 shall be 

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

8 2229a), to remain available until September 30, 2011: 

9 Provided, That not to exceed 5 percent of the amount 

10 available under this heading shall be available for program 

11 administration. 

12 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

13 For necessary expenses for emergency management 

14 performance grants, as authorized by the National Flood 

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

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

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

20 $345,000,000: Provided, That total administrative costs 

21 shall not exceed 3 percent of the total amount appro22 priated under this heading. 

23 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

24 The aggregate charges assessed during fiscal year 

25 2011, as authorized in title III of the Departments of Vet-
41 

•S 3607 PCS

1 erans Affairs and Housing and Urban Development, and 

2 Independent Agencies Appropriations Act, 1999 (42 

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

4 amounts anticipated by the Department of Homeland Se5 curity necessary for its radiological emergency prepared6 ness program for the next fiscal year: Provided, That the 

7 methodology for assessment and collection of fees shall be 

8 fair and equitable and shall reflect costs of providing such 

9 services, including administrative costs of collecting such 

10 fees: Provided further, That fees received under this head11 ing shall be deposited in this account as offsetting collec12 tions and will become available for authorized purposes on 

13 October 1, 2011, and remain available until expended. 

14 UNITED STATES FIRE ADMINISTRATION

15 For necessary expenses of the United States Fire Ad16 ministration and for other purposes, as authorized by the 

17 Federal Fire Prevention and Control Act of 1974 (15 

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

19 2002 (6 U.S.C. 101 et seq.), $45,930,000. 

20 DISASTER RELIEF

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses in carrying out the Robert 

23 T. Stafford Disaster Relief and Emergency Assistance Act 

24 (42 U.S.C. 5121 et seq.), $1,950,000,000, to remain avail25 able until expended: Provided, That the Federal Emer-
42 

•S 3607 PCS

1 gency Management Agency shall submit an expenditure 

2 plan to the Committees on Appropriations of the Senate 

3 and the House of Representatives detailing the use of the 

4 funds for disaster readiness and support within 60 days 

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

6 That the Federal Emergency Management Agency shall 

7 submit to such Committees a quarterly report detailing 

8 obligations against the expenditure plan and a justifica9 tion for any changes in spending: Provided further, That 

10 of the total amount provided, $16,000,000 shall be trans11 ferred to the Department of Homeland Security Office of 

12 Inspector General for audits and investigations related to 

13 disasters, subject to section 503 of this Act: Provided fur14 ther, That, not later than 60 days after enactment of this 

15 Act, $216,760,000 shall be transferred to Federal Emer16 gency Management Agency ‘‘Management and Adminis17 tration’’ for management and administration functions: 

18 Provided further, That the Federal Emergency Manage19 ment Agency shall submit the monthly ‘‘Disaster Relief’’ 

20 report, as specified in Public Law 110–161, to the Com21 mittees on Appropriations of the Senate and the House 

22 of Representatives, and include the amounts provided to 

23 each Federal agency for mission assignments: Provided 

24 further, That for any request for reimbursement from a 

25 Federal agency to the Department of Homeland Security 
43 

•S 3607 PCS

1 to cover expenditures under the Robert T. Stafford Dis2 aster Relief and Emergency Assistance Act (42 U.S.C. 

3 5121 et seq.), or any mission assignment orders issued 

4 by the Department for such purposes, the Secretary of 

5 Homeland Security shall take appropriate steps to ensure 

6 that each agency is periodically reminded of Department 

7 policies on— 

8 (1) the detailed information required in sup9 porting documentation for reimbursements; and 

10 (2) the necessity for timeliness of agency bil11 lings. 

12 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

13 For activities under section 319 of the Robert T. 

14 Stafford Disaster Relief and Emergency Assistance Act 

15 (42 U.S.C. 5162), $295,000 is for the cost of direct loans: 

16 Provided, That gross obligations for the principal amount 

17 of direct loans shall not exceed $25,000,000: Provided fur18 ther, That the cost of modifying such loans shall be as 

19 defined in section 502 of the Congressional Budget Act 

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

21 FLOOD HAZARD MAPPING AND RISK ANALYSIS

22 For necessary expenses under section 1360 of the 

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

24 $194,000,000, and such additional sums as may be pro25 vided by State and local governments or other political 
44 

•S 3607 PCS

1 subdivisions for cost-shared mapping activities under sec2 tion 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re3 main available until expended: Provided, That total admin4 istrative costs shall not exceed 5 percent of the total 

5 amount appropriated under this heading. 

6 NATIONAL FLOOD INSURANCE FUND

7 For activities under the National Flood Insurance 

8 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis9 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

10 $169,000,000, which shall remain available until Sep11 tember 30, 2012 and shall be derived from offsetting col12 lections assessed and collected under section 1308(d) of 

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

14 4015(d)), which is available for salaries and expenses as15 sociated with flood mitigation and flood insurance oper16 ations; and flood plain management and flood mapping: 

17 Provided, That not to exceed $22,145,000 shall be avail18 able for salaries and expenses associated with flood mitiga19 tion and flood insurance operations: Provided further, 

20 That any additional fees collected pursuant to section 

21 1308(d) of the National Flood Insurance Act of 1968 (42 

22 U.S.C. 4015(d)) shall be credited as an offsetting collec23 tion to this account, to be available for flood plain manage24 ment and flood mapping: Provided further, That in fiscal 

25 year 2011, no funds shall be available from the National 
45 

•S 3607 PCS

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

2 U.S.C. 4017) in excess of: (1) $85,000,000 for operating 

3 expenses; (2) $1,035,105,000 for commissions and taxes 

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

5 Treasury borrowings; and (4) $120,000,000, which shall 

6 remain available until expended for flood mitigation ac7 tions, of which not less than $40,000,000 is for severe re8 petitive loss properties under section 1361A of the Na9 tional Flood Insurance Act of 1968 (42 U.S.C. 4102a), 

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

11 properties under section 1323 of the National Flood In12 surance Act of 1968 (42 U.S.C. 4030), and of which 

13 $40,000,000 is for flood mitigation assistance under sec14 tion 1366 of the National Flood Insurance Act of 1968 

15 (42 U.S.C. 4104c) notwithstanding subparagraphs (B) 

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

17 1366 of the National Flood Insurance Act of 1968 (42 

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

19 section 1310 of the National Flood Insurance Act of 1968 

20 (42 U.S.C. 4017): Provided further, That amounts col21 lected under section 102 of the Flood Disaster Protection 

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

23 Insurance Act of 1968 shall be deposited in the National 

24 Flood Insurance Fund to supplement other amounts speci25 fied as available for section 1366 of the National Flood 
46 

•S 3607 PCS

1 Insurance Act of 1968, notwithstanding 42 U.S.C. 

2 4012a(f)(8), 4104c(i), and 4104d(b)(2)–(3): Provided fur3 ther, That total administrative costs shall not exceed 4 

4 percent of the total appropriation. 

5 NATIONAL PREDISASTER MITIGATION FUND

6 For the predisaster mitigation grant program under 

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

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

9 $75,000,000, to remain available until expended: Pro10 vided, That the total administrative costs associated with 

11 such grants shall not exceed 3 percent of the total amount 

12 made available under this heading. 

13 EMERGENCY FOOD AND SHELTER

14 To carry out the emergency food and shelter program 

15 pursuant to title III of the McKinney-Vento Homeless As16 sistance Act (42 U.S.C. 11331 et seq.), $150,000,000, to 

17 remain available until expended: Provided, That total ad18 ministrative costs shall not exceed 3.5 percent of the total 

19 amount made available under this heading. 
47 

•S 3607 PCS

1 TITLE IV 

2 RESEARCH AND DEVELOPMENT, TRAINING, 

3 AND SERVICES 

4 UNITED STATES CITIZENSHIP AND IMMIGRATION

5 SERVICES

6 For necessary expenses for citizenship and immigra7 tion services, $171,593,000, of which $50,000,000 is for 

8 processing applications for asylum or refugee status; and 

9 of which $103,400,000 is for immigration verification pro10 grams, including the E-Verify Program, as authorized by 

11 section 402 of the Illegal Immigration Reform and Immi12 grant Responsibility Act of 1996 (8 U.S.C. 1324a note), 

13 to assist United States employers with maintaining a legal 

14 workforce: Provided, That notwithstanding any other pro15 vision of law, funds available to United States Citizenship 

16 and Immigration Services may be used to acquire, operate, 

17 equip, and dispose of up to five vehicles, for replacement 

18 only, for areas where the Administrator of General Serv19 ices does not provide vehicles for lease: Provided further, 

20 That the Director of United States Citizenship and Immi21 gration Services may authorize employees who are as22 signed to those areas to use such vehicles to travel between 

23 the employees’ residences and places of employment: Pro24 vided further, That none of the funds made available under 

25 this heading may be obligated for development of the 
48 

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1 ‘‘REAL ID hub’’ until the Committees on Appropriations 

2 of the Senate and the House of Representatives receive 

3 a plan for expenditure for that program that describes the 

4 strategic context of the program, the specific goals and 

5 milestones set for the program, and the funds allocated 

6 for achieving each of these goals and milestones: Provided 

7 further, That none of the funds made available in this Act 

8 for grants for immigrant integration may be used to pro9 vide services to aliens who have not been lawfully admitted 

10 for permanent residence. 

11 FEDERAL LAW ENFORCEMENT TRAINING CENTER

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Law Enforce14 ment Training Center as authorized under section 884 of 

15 the Homeland Security Act of 2002 (6 U.S.C. 464), in16 cluding materials and support costs of Federal law en17 forcement basic training; the purchase of not to exceed 

18 117 vehicles for police-type use and hire of passenger 

19 motor vehicles; expenses for student athletic and related 

20 activities; the conduct of and participation in firearms 

21 matches and presentation of awards; public awareness and 

22 enhancement of community support of law enforcement 

23 training; room and board for student interns; a flat 

24 monthly reimbursement to employees authorized to use 

25 personal mobile phones for official duties; and services as 
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1 authorized by section 3109 of title 5, United States Code, 

2 $234,500,000, of which up to $48,420,000 shall remain 

3 available until September 30, 2012, for materials and sup4 port costs of Federal law enforcement basic training; and 

5 of which not to exceed $12,000 shall be for official recep6 tion and representation expenses: Provided, That the Cen7 ter is authorized to obligate funds in anticipation of reim8 bursements from agencies receiving training sponsored by 

9 the Center, except that total obligations at the end of the 

10 fiscal year shall not exceed total budgetary resources avail11 able at the end of the fiscal year: Provided further, That 

12 section 1202(a) of Public Law 107–206 (42 U.S.C. 3771 

13 note), as amended by Public Law 111–83 (123 Stat. 

14 2166), is further amended by striking ‘‘December 31, 

15 2012’’ and inserting ‘‘December 31, 2013’’: Provided fur16 ther, That the Director of the Federal Law Enforcement 

17 Training Center shall schedule basic or advanced law en18 forcement training, or both, at all four training facilities 

19 under the control of the Federal Law Enforcement Train20 ing Center to ensure that such training facilities are oper21 ated at the highest capacity throughout the fiscal year. 

22 ACCREDITATION

23 For necessary expenses of Federal Law Enforcement 

24 Training Accreditation activities, $1,419,000, of which 

25 $300,000 shall remain available until expended to be dis-
50 

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1 tributed to Federal law enforcement agencies for expenses 

2 incurred participating in training accreditation: Provided, 

3 That the Federal Law Enforcement Training Accredita4 tion Board, including representatives from the Federal law 

5 enforcement community and non-Federal accreditation ex6 perts involved in law enforcement training, shall lead the 

7 Federal law enforcement training accreditation process to 

8 continue the implementation of measuring and assessing 

9 the quality and effectiveness of Federal law enforcement 

10 training programs, facilities, and instructors. 

11 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

12 RELATED EXPENSES

13 For acquisition of necessary additional real property 

14 and facilities, construction, and ongoing maintenance, fa15 cility improvements, and related expenses of the Federal 

16 Law Enforcement Training Center, $38,456,000, to re17 main available until expended: Provided, That the Center 

18 is authorized to accept reimbursement to this appropria19 tion from Government agencies requesting the construc20 tion of special use facilities. 

21 SCIENCE AND TECHNOLOGY

22 MANAGEMENT AND ADMINISTRATION

23 For salaries and expenses of the Office of the Under 

24 Secretary for Science and Technology and for manage25 ment and administration of programs and activities, as 
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1 authorized by title III of the Homeland Security Act of 

2 2002 (6 U.S.C. 181 et seq.), $146,918,000: Provided, 

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

4 and representation expenses. 

5 RESEARCH, DEVELOPMENT, ACQUISITION, AND

6 OPERATIONS

7 For necessary expenses for science and technology re8 search, including advanced research projects; development; 

9 test and evaluation; acquisition; and operations, as author10 ized by title III of the Homeland Security Act of 2002 

11 (6 U.S.C. 181 et seq.); $863,420,000and the purchase or 

12 lease of not to exceed five vehicles, of which $741,420,000 

13 is to remain available until September 30, 2013; and of 

14 which not less than $122,000,000 is to remain available 

15 until September 30, 2015, solely for laboratory facilities: 

16 Provided, That not less than $50,000,000 shall be avail17 able for university programs: Provided further, That not 

18 less than $20,865,000 shall be available for the Southeast 

19 Region Research Initiative at the United States Army 

20 Corps of Engineers’ Engineer Research and Development 

21 Center: Provided further, That not less than $2,250,000 

22 shall be available for Distributed Environment for Critical 

23 Infrastructure Decisionmaking Exercises. 
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1 DOMESTIC NUCLEAR DETECTION OFFICE

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Domestic Nuclear 

4 Detection Office as authorized by title XIX of the Home5 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man6 agement and administration of programs and activities, 

7 $36,992,000: Provided, That not to exceed $3,000 shall 

8 be for official reception and representation expenses. 

9 RESEARCH, DEVELOPMENT, AND OPERATIONS

10 For necessary expenses for radiological and nuclear 

11 detection, development, testing, evaluation, and oper12 ations, $207,828,000, to remain available until September 

13 30, 2013: Provided, That not later than 60 days after the 

14 date of enactment of this Act, all prior year balances avail15 able for transformational research and development shall 

16 be transferred to Science and Technology ‘‘Research, De17 velopment, Acquisition, and Operations’’. 

18 SYSTEMS ACQUISITION

19 For expenses for the Domestic Nuclear Detection Of20 fice acquisition and deployment of radiological detection 

21 systems in accordance with the global nuclear detection 

22 architecture, $78,000,000, to remain available until Sep23 tember 30, 2013: Provided, That none of the funds appro24 priated under this heading in this Act or any other Act 

25 shall be obligated for full-scale procurement of advanced 
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1 spectroscopic portal monitors until the Secretary of Home2 land Security submits to the Committees on Appropria3 tions of the Senate and the House of Representatives a 

4 report certifying that a significant increase in operational 

5 effectiveness will be achieved by such obligation: Provided 

6 further, That the Secretary shall submit separate and dis7 tinct certifications prior to the procurement of advanced 

8 spectroscopic portal monitors for primary and secondary 

9 deployment that address the unique requirements for 

10 operational effectiveness of each type of deployment: Pro11 vided further, That the Secretary shall continue to consult 

12 with the National Academy of Sciences before making 

13 such certifications: Provided further, That none of the 

14 funds appropriated under this heading shall be used for 

15 high-risk concurrent development and production of mutu16 ally dependent software and hardware. 

17 TITLE V 

18 GENERAL PROVISIONS 

19 (INCLUDING RESCISSIONS OF FUNDS)

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

21 this Act shall remain available for obligation beyond the 

22 current fiscal year unless expressly so provided herein. 

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

24 of this Act, the unexpended balances of prior appropria25 tions provided for activities in this Act may be transferred 
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1 to appropriation accounts for such activities established 

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

3 applicable established accounts, and thereafter may be ac4 counted for as one fund for the same time period as origi5 nally enacted. 

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

7 provided by previous appropriations Acts to the agencies 

8 in or transferred to the Department of Homeland Security 

9 that remain available for obligation or expenditure in fiscal 

10 year 2011, or provided from any accounts in the Treasury 

11 of the United States derived by the collection of fees avail12 able to the agencies funded by this Act, shall be available 

13 for obligation or expenditure through a reprogramming of 

14 funds that: (1) creates a new program, project, or activity; 

15 (2) eliminates a program, project, office, or activity; or 

16 (3) increases funds for any program, project, or activity 

17 for which funds have been denied or restricted by the Con18 gress; (4) proposes to use funds directed for a specific ac19 tivity by either of the Committees on Appropriations of 

20 the Senate or the House of Representatives for a different 

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

22 which funding levels were requested for Federal full-time 

23 equivalents in the object classification tables contained in 

24 the fiscal year 2011 Budget Appendix for the Department 

25 of Homeland Security, as modified by the joint explana-
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1 tory statement accompanying this Act, unless the Commit2 tees on Appropriations of the Senate and the House of 

3 Representatives are notified 15 days in advance of such 

4 reprogramming of funds. 

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

6 by previous appropriations Acts to the agencies in or 

7 transferred to the Department of Homeland Security that 

8 remain available for obligation or expenditure in fiscal 

9 year 2011, or provided from any accounts in the Treasury 

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

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

12 be available for obligation or expenditure for programs, 

13 projects, or activities through a reprogramming of funds 

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

15 that: (1) augments existing programs, projects, or activi16 ties; (2) reduces by 10 percent funding for any existing 

17 program, project, or activity, or numbers of personnel by 

18 10 percent as approved by the Congress; or (3) results 

19 from any general savings from a reduction in personnel 

20 that would result in a change in existing programs, 

21 projects, or activities as approved by the Congress, unless 

22 the Committees on Appropriations of the Senate and the 

23 House of Representatives are notified 15 days in advance 

24 of such reprogramming of funds. 
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1 (c) Not to exceed 5 percent of any appropriation 

2 made available for the current fiscal year for the Depart3 ment of Homeland Security by this Act or provided by 

4 previous appropriations Acts may be transferred between 

5 such appropriations, but no such appropriation, except as 

6 otherwise specifically provided, shall be increased by more 

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

8 transfer under this section shall be treated as a re9 programming of funds under subsection (b) and shall not 

10 be available for obligation unless the Committees on Ap11 propriations of the Senate and the House of Representa12 tives are notified 15 days in advance of such transfer. 

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

14 this section, no funds shall be reprogrammed within or 

15 transferred between appropriations after May 31, except 

16 in extraordinary circumstances that imminently threaten 

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

18 SEC. 504. The Department of Homeland Security 

19 Working Capital Fund, established pursuant to section 

20 403 of the Federal Financial Management Act of 1994 

21 (Public Law 103–356, 31 U.S.C. 501 note), shall continue 

22 operations as a permanent working capital fund for fiscal 

23 year 2011: Provided, That none of the funds appropriated 

24 or otherwise made available to the Department of Home25 land Security may be used to make payments to the Work-
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1 ing Capital Fund, except for the activities and amounts 

2 allowed in the President’s fiscal year 2011 budget: Pro3 vided further, That funds provided to the Working Capital 

4 Fund shall be available for obligation until expended to 

5 carry out the purposes of the Working Capital Fund: Pro6 vided further, That all departmental components shall be 

7 charged only for direct usage of each Working Capital 

8 Fund service: Provided further, That funds provided to the 

9 Working Capital Fund shall be used only for purposes con10 sistent with the contributing component: Provided further, 

11 That such fund shall be paid in advance or reimbursed 

12 at rates which will return the full cost of each service: Pro13 vided further, That the Working Capital Fund shall be 

14 subject to the requirements of section 503 of this Act. 

15 SEC. 505. Except as otherwise specifically provided 

16 by law, not to exceed 50 percent of the amount of any 

17 unobligated balances remaining available at the end of fis18 cal year 2011 from appropriations for salaries and ex19 penses for fiscal year 2011 under this Act shall remain 

20 available through September 30, 2013, in the account and 

21 for the purposes for which the appropriations were pro22 vided: Provided, That prior to the obligation of such funds, 

23 a request shall be submitted to the Committees on Appro24 priations of the Senate and the House of Representatives 

25 for approval in accordance with section 503 of this Act. 
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1 SEC. 506. Funds made available by this Act for intel2 ligence activities are deemed to be specifically authorized 

3 by the Congress for purposes of section 504 of the Na4 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

5 year 2011 until the enactment of an Act authorizing intel6 ligence activities for fiscal year 2011. 

7 SEC. 507. None of the funds made available by this 

8 Act may be used to make a grant allocation, grant award, 

9 contract award, other transaction agreement, a task or de10 livery order on a Department of Homeland Security mul11 tiple award contract, or to issue a letter of intent totaling 

12 in excess of $1,000,000, or to announce publicly the inten13 tion to make such an award, including a contract covered 

14 by the Federal Acquisition Regulation, unless the Sec15 retary of Homeland Security notifies the Committees on 

16 Appropriations of the Senate and the House of Represent17 atives at least 3 full business days in advance of making 

18 such an award or issuing such a letter: Provided, That 

19 if the Secretary of Homeland Security determines that 

20 compliance with this section would pose a substantial risk 

21 to human life, health, or safety, an award may be made 

22 without such notification and the Committees on Appro23 priations of the Senate and the House of Representatives 

24 shall be notified not later than 5 full business days after 

25 such an award is made or letter issued: Provided further, 
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1 That no notification shall involve funds that are not avail2 able for obligation: Provided further, That a notification 

3 under this section shall include the amount of the award, 

4 the fiscal year for which the funds for the award were ap5 propriated, and the account from which the funds are 

6 being drawn: Provided further, That the Federal Emer7 gency Management Agency shall brief the Committees on 

8 Appropriations of the Senate and the House of Represent9 atives 5 full business days in advance of announcing pub10 licly the intention of making an award under ‘‘State and 

11 Local Programs’’. 

12 SEC. 508. Notwithstanding any other provision of 

13 law, no agency shall purchase, construct, or lease any ad14 ditional facilities, except within or contiguous to existing 

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

16 law enforcement training without the advance approval of 

17 the Committees on Appropriations of the Senate and the 

18 House of Representatives, except that the Federal Law 

19 Enforcement Training Center is authorized to obtain the 

20 temporary use of additional facilities by lease, contract, 

21 or other agreement for training that cannot be accommo22 dated in existing Center facilities. 

23 SEC. 509. None of the funds appropriated or other24 wise made available by this Act may be used for expenses 

25 for any construction, repair, alteration, or acquisition 
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1 project for which a prospectus otherwise required under 

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

3 approved, except that necessary funds may be expended 

4 for each project for required expenses for the development 

5 of a proposed prospectus. 

6 SEC. 510. Sections 520, 522, 528, 530, and 531 of 

7 the Department of Homeland Security Appropriations 

8 Act, 2008 (division E of Public Law 110–161; 121 Stat. 

9 2072, 2073, 2074, 2082) shall apply with respect to funds 

10 made available in this Act in the same manner as such 

11 sections applied to funds made available in that Act. 

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

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

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

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

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

17 the transmission to Congress of any report prepared under 

18 paragraph (6) of such subsection. 

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

20 Act may be used in contravention of the applicable provi21 sions of the Buy American Act (41 U.S.C. 10a et seq.). 

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

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

24 by section 337 of the Immigration and Nationality Act 

25 (8 U.S.C. 1448). 
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1 SEC. 514. None of the funds appropriated by this Act 

2 may be used to process or approve a competition under 

3 Office of Management and Budget Circular A–76 for serv4 ices provided as of June 1, 2004, by employees (including 

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

6 States Citizenship and Immigration Services of the De7 partment of Homeland Security who are known as of that 

8 date as Immigration Information Officers, Contact Rep9 resentatives, or Investigative Assistants. 

10 SEC. 515. (a) The Assistant Secretary of Homeland 

11 Security (Transportation Security Administration) shall 

12 work with air carriers and airports to ensure that the 

13 screening of cargo carried on passenger aircraft, as de14 fined in section 44901(g)(5) of title 49, United States 

15 Code, increases incrementally each quarter until the re16 quirement under section 44901(g)(2)(B) of such title is 

17 met. 

18 (b) Not later than 45 days after the end of each fiscal 

19 quarter, the Assistant Secretary shall submit to the Com20 mittees on Appropriations of the Senate and the House 

21 of Representatives a report on air cargo inspection statis22 tics, by airport and air carrier, detailing the incremental 

23 progress being made to meet the requirement under sec24 tion 44901(g)(2)(B) of title 49, United States Code. 
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1 (c) Not later than 90 days after the date of the enact2 ment of this Act, the Assistant Secretary shall submit to 

3 the Committees on Appropriations of the Senate and the 

4 House of Representatives, a report that either: (1) cer5 tifies that the requirement for screening all air cargo on 

6 passenger aircraft by the deadline under section 44901(g) 

7 of title 49, United States Code has been met; or (2) in8 cludes a strategy to comply with the requirements under 

9 section 44901(g) of title 49, United States Code. 

10 SEC. 516. Not later than 45 days after the last day 

11 of each month, the Chief Financial Officer of the Depart12 ment of Homeland Security shall submit to the Commit13 tees on Appropriations of the Senate and the House of 

14 Representatives a monthly budget and staffing report for 

15 that month that includes total obligations, on-board versus 

16 funded full-time equivalent staffing levels, and the number 

17 of contract employees for each office of the Department. 

18 SEC. 517. Except as provided in section 44945 of title 

19 49, United States Code, funds appropriated or transferred 

20 to Transportation Security Administration ‘‘Aviation Se21 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

22 Support’’ for fiscal years 2004, 2005, 2006, 2007, 2008, 

23 and 2009 that are recovered or deobligated shall be avail24 able only for the procurement or installation of explosives 

25 detection systems, air cargo, baggage, and checkpoint 
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1 screening systems, subject to notification: Provided, That 

2 quarterly reports shall be submitted to the Committees on 

3 Appropriations of the Senate and the House of Represent4 atives on any funds that are recovered or deobligated. 

5 SEC. 518. Any funds appropriated to Coast Guard 

6 ‘‘Acquisition, Construction, and Improvements’’ for fiscal 

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

8 123 foot patrol boat conversion that are recovered, col9 lected, or otherwise received as the result of negotiation, 

10 mediation, or litigation, shall be available until expended 

11 for the Fast Response Cutter program. 

12 SEC. 519. (a) None of the funds provided by this or 

13 any other Act may be obligated for the development, test14 ing, deployment, or operation of any portion of a human 

15 resources management system authorized by section 

16 9701(a) of title 5, United States Code, or by regulations 

17 prescribed pursuant to such section, for an employee, as 

18 that term is defined in section 7103(a)(2) of such title. 

19 (b) The Secretary of Homeland Security shall col20 laborate with employee representatives in the manner pre21 scribed in section 9701(e) of title 5, United States Code, 

22 in the planning, testing, and development of any portion 

23 of a human resources management system that is devel24 oped, tested, or deployed for persons excluded from the 
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1 definition of employee as that term is defined in section 

2 7103(a)(2) of such title. 

3 SEC. 520. Section 532(a) of the Department of 

4 Homeland Security Appropriations Act, 2007 (Public Law 

5 109–295; 120 Stat. 1384) is amended by striking ‘‘2010’’ 

6 and inserting ‘‘2011’’. 

7 SEC. 521. The functions of the Federal Law Enforce8 ment Training Center instructor staff shall be classified 

9 as inherently governmental for the purpose of the Federal 

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

11 note). 

12 SEC. 522. (a) Except as provided in subsection (b), 

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

14 to the Office of the Secretary and Executive Management, 

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

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

17 a grant or contract funded under any such heading by any 

18 means other than full and open competition. 

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

20 funds for a contract awarded— 

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

22 statute, including obligation for a purchase made 

23 under a mandated preferential program, including 

24 the AbilityOne Program, that is authorized under 
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1 the Javits-Wagner-O’Day Act (41 U.S.C. 46 et 

2 seq.); 

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

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

5 (3) in an amount less than the simplified acqui6 sition threshold described under section 302A(a) of 

7 the Federal Property and Administrative Services 

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

9 (4) by a Federal agency other than the Depart10 ment of Homeland Security using funds provided 

11 through an interagency agreement. 

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

13 Homeland Security may waive the applicability of this sec14 tion with respect to the award of a contract if such a waiv15 er is in the interest of national security or if failure to 

16 waive such applicability would pose a substantial risk to 

17 human health or welfare. 

18 (2) Not later than 5 days after the date on which 

19 the Secretary of Homeland Security issues a waiver under 

20 this subsection, the Secretary shall submit notification of 

21 that waiver to the Committees on Appropriations of the 

22 Senate and the House of Representatives, including a de23 scription of the contract to which the waiver applies and 

24 an explanation of why the waiver authority was used. The 
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1 Secretary may not delegate the authority to grant such 

2 a waiver. 

3 (d) In addition to the requirements established by 

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

5 General of the Department of Homeland Security shall re6 view departmental contracts awarded through means other 

7 than a full and open competition to assess departmental 

8 compliance with applicable laws and regulations: Provided, 

9 That the Inspector General shall review selected contracts 

10 awarded in the previous fiscal year through means other 

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

12 in selecting which contracts to review, the Inspector Gen13 eral shall consider the cost and complexity of the goods 

14 and services to be provided under the contract, the criti15 cality of the contract to fulfilling Department missions, 

16 past performance problems on similar contracts or by the 

17 selected vendor, complaints received about the award proc18 ess or contractor performance, and such other factors as 

19 the Inspector General deems relevant: Provided further, 

20 That no later than February 7, 2011, the Inspector Gen21 eral shall submit to the Committees on Appropriations of 

22 the Senate and the House of Representatives a report on 

23 the reviews conducted under this section. 

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

25 or any other Act may be used to enforce section 4025(1) 
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1 of the Intelligence Reform and Terrorism Prevention Act 

2 of 2004 (Public Law 108–458; 118 Stat. 3724) unless the 

3 Assistant Secretary of Homeland Security (Transpor4 tation Security Administration) reverses the determination 

5 of July 19, 2007, that butane lighters are not a significant 

6 threat to civil aviation security. 

7 SEC. 524. Funds made available in this Act may be 

8 used to alter operations within the Civil Engineering Pro9 gram of the Coast Guard nationwide, including civil engi10 neering units, facilities design and construction centers, 

11 maintenance and logistics commands, and the Coast 

12 Guard Academy, except that none of the funds provided 

13 in this Act may be used to reduce operations within any 

14 Civil Engineering Unit unless specifically authorized by a 

15 statute enacted after the date of the enactment of this 

16 Act. 

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

18 Act shall be available to carry out section 872 of the 

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

20 SEC. 526. None of the funds made available in this 

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

23 the results of background checks required by law to be 

24 completed prior to the granting of the benefit have been 

25 received by United States Citizenship and Immigration 
68 

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1 Services and such results do not preclude the granting of 

2 the benefit. 

3 SEC. 527. None of the funds made available in this 

4 or any other Act for fiscal year 2011 and hereafter may 

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

6 equine belonging to the Federal Government that has be7 come unfit for service, unless the trainer or handler is first 

8 given the option to take possession of the equine through 

9 an adoption program that has safeguards against slaugh10 ter and inhumane treatment. 

11 SEC. 528. None of the funds provided in this Act 

12 under the heading ‘‘Office of the Chief Information Offi13 cer’’ shall be used for data center development other than 

14 for Data Center One (National Center for Critical Infor15 mation Processing and Storage) until the Chief Informa16 tion Officer certifies that Data Center One is fully utilized 

17 as the Department’s primary data storage center at the 

18 highest capacity throughout the fiscal year. 

19 SEC. 529. None of the funds in this Act shall be used 

20 to reduce the United States Coast Guard’s Operations 

21 Systems Center mission or its Government-employed or 

22 contract staff levels. 

23 SEC. 530. None of the funds appropriated by this Act 

24 may be used to conduct, or to implement the results of, 

25 a competition under Office of Management and Budget 
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1 Circular A–76 for activities performed with respect to the 

2 Coast Guard National Vessel Documentation Center. 

3 SEC. 531. Section 831 of the Homeland Security Act 

4 of 2002 (6 U.S.C. 391) is amended— 

5 (1) in subsection (a), by striking ‘‘Until Sep6 tember 30, 2010’’ and inserting ‘‘Until September 

7 30, 2011,’’; and 

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

9 30, 2010,’’ and inserting ‘‘September 30, 2011,’’. 

10 SEC. 532. The Secretary of Homeland Security shall 

11 require that all contracts entered into by the Department 

12 of Homeland Security that provide award fees link such 

13 fees to successful acquisition outcomes (which outcomes 

14 shall be specified in terms of cost, schedule, and perform15 ance). 

16 SEC. 533. None of the funds made available to the 

17 ‘‘Office of the Secretary and Executive Management’’ 

18 under this Act may be expended to hire any new employees 

19 of the Department of Homeland Security who are not 

20 verified through the E-Verify Program established under 

21 title IV of the Illegal Immigration Reform and Immigrant 

22 Responsibility Act of 1996 (8 U.S.C. 1324a note). 

23 SEC. 534. None of the funds made available in this 

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

25 to prevent an individual not in the business of importing 
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1 a prescription drug (within the meaning of section 801(g) 

2 of the Federal Food, Drug, and Cosmetic Act) from im3 porting a prescription drug from Canada that complies 

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

5 That this section shall apply only to individuals trans6 porting on their person a personal-use quantity of the pre7 scription drug, not to exceed a 90-day supply: Provided 

8 further, That the prescription drug may not be— 

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

10 102(6) of the Controlled Substances Act (21 U.S.C. 

11 802(b)); or 

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

13 351(i)(1) of the Public Health Service Act (42 

14 U.S.C. 262(i)(1)). 

15 SEC. 535. None of the funds made available in this 

16 Act may be used by the Secretary of Homeland Security 

17 or any delegate of the Secretary to issue any rule or regu18 lation which implements the Notice of Proposed Rule19 making related to Petitions for Aliens To Perform Tem20 porary Nonagricultural Services or Labor (H–2B) set out 

21 beginning on 70 Fed. Reg. 3984 (January 27, 2005). 

22 SEC. 536. The Secretary of Homeland Security, in 

23 consultation with the Secretary of the Treasury, shall no24 tify the Committees on Appropriations of the Senate and 

25 the House of Representatives of any proposed transfers 
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1 of funds available under section 9703(g)(4)(B) of title 31, 

2 Unites States Code (as added by Public Law 102–393) 

3 from the Department of the Treasury Forfeiture Fund to 

4 any agency within the Department of Homeland Security: 

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

6 transfer may be obligated until the Committees on Appro7 priations of the Senate and the House of Representatives 

8 approve the proposed transfers. 

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

10 Act may be used for planning, testing, piloting, or devel11 oping a national identification card. 

12 SEC. 538. If the Assistant Secretary of Homeland Se13 curity (Transportation Security Administration) deter14 mines that an airport does not need to participate in the 

15 E-Verify Program under section 402 of the Illegal Immi16 gration Reform and Immigrant Responsibility Act of 1996 

17 (8 U.S.C. 1324a note), the Assistant Secretary shall cer18 tify to the Committees on Appropriations of the Senate 

19 and the House of Representatives that no security risks 

20 will result from such nonparticipation. 

21 SEC. 539. (a) Notwithstanding any other provision 

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

23 days after the date that the President determines whether 

24 to declare a major disaster because of an event and any 

25 appeal is completed, the Administrator shall submit to the 
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1 Committee on Homeland Security and Governmental Af2 fairs of the Senate, the Committee on Homeland Security 

3 of the House of Representatives, the Committee on Trans4 portation and Infrastructure of the House of Representa5 tives, the Committees on Appropriations of the Senate and 

6 the House of Representatives, and publish on the website 

7 of the Federal Emergency Management Agency, a report 

8 regarding that decision, which shall summarize damage 

9 assessment information used to determine whether to de10 clare a major disaster. 

11 (b) The Administrator may redact from a report 

12 under subsection (a) any data that the Administrator de13 termines would compromise national security. 

14 (c) In this section— 

15 (1) the term ‘‘Administrator’’ means the Ad16 ministrator of the Federal Emergency Management 

17 Agency; and 

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

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

20 Stafford Disaster Relief and Emergency Assistance 

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

22 SEC. 540. Notwithstanding any other provision of 

23 law, in the current fiscal year or a subsequent fiscal year, 

24 should the Secretary of Homeland Security determine that 

25 the National Bio- and Agro-defense Facility be located at 
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1 a site other than Plum Island, New York, the Secretary 

2 shall have the Administrator of General Services sell 

3 through public sale all real and related personal property 

4 and transportation assets which support Plum Island op5 erations, subject to such terms and conditions as nec6 essary to protect Government interests and meet program 

7 requirements: Provided, That the proceeds of such sale 

8 shall be deposited as offsetting collections into the Depart9 ment of Homeland Security Science and Technology ‘‘Re10 search, Development, Acquisition, and Operations’’ ac11 count and, subject to appropriation, shall be available until 

12 expended, for site acquisition, construction, and costs re13 lated to the construction of the National Bio- and Agro14 defense Facility, including the costs associated with the 

15 sale, including due diligence requirements, necessary envi16 ronmental remediation at Plum Island, and reimburse17 ment of expenses incurred by the General Services Admin18 istration. 

19 SEC. 541. Any official who is required by this Act 

20 to report or certify to the Committees on Appropriations 

21 of the Senate and the House of Representatives may not 

22 delegate such authority to perform that act unless specifi23 cally authorized herein. 

24 SEC. 542. Sections 1309(a) and 1319 of the National 

25 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 
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1 4026) shall each be applied by substituting ‘‘September 

2 30, 2011’’ for the date specified in each such section. 

3 SEC. 543. Section 550(b) of the Department of 

4 Homeland Security Appropriations Act, 2007 (Public Law 

5 109–295; 6 U.S.C. 121 note), is amended by striking ‘‘on 

6 October 4, 2010’’ and inserting ‘‘on October 4, 2011’’. 

7 SEC. 544. (a) None of the funds made available in 

8 this or any other Act may be used to release an individual 

9 who is detained, as of June 24, 2009, at Naval Station, 

10 Guantanamo Bay, Cuba, into the continental United 

11 States, Alaska, Hawaii, or the District of Columbia, into 

12 any of the United States territories of Guam, American 

13 Samoa (AS), the United States Virgin Islands (USVI), the 

14 Commonwealth of Puerto Rico and the Commonwealth of 

15 the Northern Mariana Islands (CNMI). 

16 (b) None of the funds made available in this or any 

17 other Act may be used to transfer an individual who is 

18 detained, as of June 24, 2009, at Naval Station, Guanta19 namo Bay, Cuba, into the continental United States, Alas20 ka, Hawaii, or the District of Columbia, into any of the 

21 United States territories of Guam, American Samoa (AS), 

22 the United States Virgin Islands (USVI), the Common23 wealth of Puerto Rico and the Commonwealth of the 

24 Northern Mariana Islands (CNMI), for the purpose of de25 tention, except as provided in subsection (c). 
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1 (c) None of the funds made available in this or any 

2 other Act may be used to transfer an individual who is 

3 detained, as of June 24, 2009, at Naval Station, Guanta4 namo Bay, Cuba, into the continental United States, Alas5 ka, Hawaii, or the District of Columbia, into any of the 

6 United States territories of Guam, American Samoa (AS), 

7 the United States Virgin Islands (USVI), the Common8 wealth of Puerto Rico and the Commonwealth of the 

9 Northern Mariana Islands (CNMI), for the purposes of 

10 prosecuting such individual, or detaining such individual 

11 during legal proceedings, until 45 days after the plan de12 scribed in subsection (d) is received. 

13 (d) The President shall submit to Congress, in classi14 fied form, a plan regarding the proposed disposition of any 

15 individual covered by subsection (c) who is detained as of 

16 June 24, 2009. Such plan shall include, at a minimum, 

17 each of the following for each such individual: 

18 (1) A determination of the risk that the indi19 vidual might instigate an act of terrorism within the 

20 continental United States, Alaska, Hawaii, the Dis21 trict of Columbia, or the United States territories if 

22 the individual were so transferred. 

23 (2) A determination of the risk that the indi24 vidual might advocate, coerce, or incite violent extre25 mism, ideologically motivated criminal activity, or 
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1 acts of terrorism, among inmate populations at in2 carceration facilities within the continental United 

3 States, Alaska, Hawaii, the District of Columbia, or 

4 the United States territories if the individual were 

5 transferred to such a facility. 

6 (3) The costs associated with transferring the 

7 individual in question. 

8 (4) The legal rationale and associated court de9 mands for transfer. 

10 (5) A plan for mitigation of any risks described 

11 in paragraphs (1), (2), and (7). 

12 (6) A copy of a notification to the Governor of 

13 the State to which the individual will be transferred, 

14 to the Mayor of the District of Columbia if the indi15 vidual will be transferred to the District of Colum16 bia, or to any United States territories with a certifi17 cation by the Attorney General of the United States 

18 in classified form at least 14 days prior to such 

19 transfer (together with supporting documentation 

20 and justification) that the individual poses little or 

21 no security risk to the United States. 

22 (7) An assessment of any risk to the national 

23 security of the United States or its citizens, includ24 ing members of the Armed Services of the United 
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1 States, that is posed by such transfer and the ac2 tions taken to mitigate such risk. 

3 (e) None of the funds made available in this or any 

4 other Act may be used to transfer or release an individual 

5 detained at Naval Station, Guantanamo Bay, Cuba, as of 

6 June 24, 2009, to the country of such individual’s nation7 ality or last habitual residence or to any other country 

8 other than the United States or to a freely associated 

9 State, unless the President submits to the Congress, in 

10 classified form, at least 15 days prior to such transfer or 

11 release, the following information: 

12 (1) The name of any individual to be trans13 ferred or released and the country or the freely asso14 ciated State to which such individual is to be trans15 ferred or released. 

16 (2) An assessment of any risk to the national 

17 security of the United States or its citizens, includ18 ing members of the Armed Services of the United 

19 States, that is posed by such transfer or release and 

20 the actions taken to mitigate such risk. 

21 (3) The terms of any agreement with the coun22 try or the freely associated State for the acceptance 

23 of such individual, including the amount of any fi24 nancial assistance related to such agreement. 
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1 (f) None of the funds made available in this Act may 

2 be used to provide any immigration benefit (including a 

3 visa, admission into the United States or any of the 

4 United States territories, parole into the United States or 

5 any of the United States territories (other than parole for 

6 the purposes of prosecution and related detention), or clas7 sification as a refugee or applicant for asylum) to any indi8 vidual who is detained, as of June 24, 2009, at Naval Sta9 tion, Guantanamo Bay, Cuba. 

10 (g) In this section, the term ‘‘freely associated 

11 States’’ means the Federated States of Micronesia (FSM), 

12 the Republic of the Marshall Islands (RMI), and the Re13 public of Palau. 

14 (h) Prior to the termination of detention operations 

15 at Naval Station, Guantanamo Bay, Cuba, the President 

16 shall submit to the Congress a report in classified form 

17 describing the disposition or legal status of each individual 

18 detained at the facility as of the date of enactment of this 

19 Act. 

20 SEC. 545. For purposes of section 210C of the Home21 land Security Act of 2002 (6 U.S.C. 124j), for fiscal year 

22 2011 and hereafter, a rural area shall also include any 

23 area that is located in a metropolitan statistical area and 

24 a county, borough, parish, or area under the jurisdiction 
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1 of an Indian tribe with a population of not more than 

2 50,000. 

3 SEC. 546. None of the funds made available in this 

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

5 of agencies funded by this Act in contravention of sections 

6 301–10.122 through 301.10–124 of title 41, Code of Fed7 eral Regulations. 

8 SEC. 547. None of the funds made available in this 

9 Act may be used to propose or effect a disciplinary or ad10 verse action with respect to any Department of Homeland 

11 Security employee who engages regularly with the public 

12 in the performance of his or her official duties solely be13 cause that employee elects to utilize protective equipment 

14 or measures, including surgical masks, N95 respirators, 

15 gloves, or hand-sanitizers, where use of such equipment 

16 or measures is in accordance with Department of Home17 land Security policy, and Centers for Disease Control and 

18 Prevention and Office of Personnel Management guidance. 

19 SEC. 548. None of the funds made available in this 

20 Act may be used to employ workers described in section 

21 274A(h)(3) of the Immigration and Nationality Act (8 

22 U.S.C. 1324a(h)(3)). 

23 SEC. 549. The Secretary of Homeland Security, act24 ing through the Commandant of the Coast Guard, may, 

25 notwithstanding any other provision of law, for fiscal year 
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1 2011 and hereafter sell any real and personal property 

2 under the administrative control of the Coast Guard and 

3 used for the LORAN system, by directing the Adminis4 trator of General Services to sell such real and personal 

5 property, subject to such terms and conditions that the 

6 Secretary believes to be necessary to protect Government 

7 interests and program requirements of the Coast Guard: 

8 Provided, That the proceeds, less the costs of sale incurred 

9 by the General Services Administration, shall hereafter be 

10 deposited as offsetting collections into the Coast Guard 

11 ‘‘Environmental Compliance and Restoration’’ account 

12 and, without further appropriation, shall be available until 

13 expended for environmental compliance and restoration 

14 purposes associated with the LORAN system, for the costs 

15 of securing and maintaining equipment that may be used 

16 as a backup to the Global Positioning System or to meet 

17 any other Federal navigation requirement, for the demoli18 tion of improvements on such real property, and for the 

19 costs associated with the sale of such real and personal 

20 property, including due diligence requirements, necessary 

21 environmental remediation, and reimbursement of ex22 penses incurred by the General Services Administration: 

23 Provided further, That after the completion of such activi24 ties, any unexpended balances shall hereafter be available 
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1 for any other environmental compliance and restoration 

2 activities of the Coast Guard. 

3 SEC. 550. The administrative law judge annuitants 

4 participating in the Senior Administrative Law Judge 

5 Program managed by the Director of the Office of Per6 sonnel Management under section 3323 of title 5, United 

7 States Code, shall be available on a temporary re-employ8 ment basis to conduct arbitrations of disputes as part of 

9 the arbitration panel established by the President under 

10 section 601 of division A of the American Recovery and 

11 Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 

12 164). 

13 SEC. 551. (a) Any company that collects or retains 

14 personal information directly from any individual who par15 ticipates in the Registered Traveler program of the Trans16 portation Security Administration shall safeguard and dis17 pose of such information in accordance with the require18 ments in— 

19 (1) the National Institute for Standards and 

20 Technology Special Publication 800–30, entitled 

21 ‘‘Risk Management Guide for Information Tech22 nology Systems’’; 

23 (2) the National Institute for Standards and 

24 Technology Special Publication 800–53, Revision 3, 
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1 entitled ‘‘Recommended Security Controls for Fed2 eral Information Systems and Organizations’’; and 

3 (3) any supplemental standards established by 

4 the Assistant Secretary, Transportation Security Ad5 ministration (referred to in this section as the ‘‘As6 sistant Secretary’’). 

7 (b) The airport authority or air carrier operator that 

8 sponsors the company under the Registered Traveler pro9 gram shall be known as the Sponsoring Entity. 

10 (c) The Assistant Secretary shall require any com11 pany covered by subsection (a) to provide, not later than 

12 30 days after the date of the enactment of this Act, to 

13 the Sponsoring Entity written certification that the proce14 dures used by the company to safeguard and dispose of 

15 information are in compliance with the requirements 

16 under subsection (a). Such certification shall include a de17 scription of the procedures used by the company to comply 

18 with such requirements. 

19 (d) Not later than 90 days after the date of the enact20 ment of this Act, the Assistant Secretary shall submit to 

21 the Committees on Appropriations of the Senate and 

22 House of Representatives a report that includes a descrip23 tion of— 
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1 (1) the procedures that have been used to safe2 guard and dispose of personal information collected 

3 through the Registered Traveler program; and 

4 (2) the status of any certifications required to 

5 be submitted by subsection (c). 

6 SEC. 552. Notwithstanding any other provision of 

7 this Act, none of the funds appropriated or otherwise 

8 made available by this Act may be used to pay award or 

9 incentive fees for contractor performance that has been 

10 judged to be below satisfactory performance or perform11 ance that does not meet the basic requirements of a con12 tract. 

13 SEC. 553. None of the funds appropriated or other14 wise made available by this Act may be used by the De15 partment of Homeland Security to enter into any federal 

16 contract unless such contract is entered into in accordance 

17 with the requirements of the Federal Property and Admin18 istrative Services Act of 1949 (41 U.S.C. 253) or Chapter 

19 137 of title 10, United States Code, and the Federal Ac20 quisition Regulation, unless such contract is otherwise au21 thorized by statute to be entered into without regard to 

22 the above referenced statutes. 

23 SEC. 554. (a) Funds made available by this Act solely 

24 for data center migration may be transferred by the Sec-
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1 retary between appropriations for the same purpose, not2 withstanding section 503 of this Act. 

3 (b) No transfer described in (a) shall occur until 15 

4 days after the Committees on Appropriations of the Sen5 ate and the House of Representatives are notified of such 

6 transfer. 

7 SEC. 555. For an additional amount for the ‘‘Office 

8 of the Under Secretary for Management’’, $18,000,000, 

9 to increase the Department’s acquisition workforce capac10 ity and capabilities: Provided, That such funds may be 

11 transferred by the Under Secretary for Management to 

12 any other account in the Department to carry out the pur13 poses provided herein: Provided further, That such trans14 fer authority is in addition to any other transfer authority 

15 provided in this Act, but no transfer shall occur until 15 

16 days after the Committees on Appropriations of the Sen17 ate and the House of Representatives are notified of such 

18 transfer: Provided further, That such funds shall be avail19 able only to supplement and not to supplant existing ac20 quisition workforce activities: Provided further, That such 

21 funds shall be available for training, recruitment, reten22 tion, and hiring additional members of the acquisition 

23 workforce as defined by the Office of Federal Procurement 

24 Policy Act, as amended (41 U.S.C. 401 et seq.): Provided 

25 further, That such funds shall be available for information 
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1 technology in support of acquisition workforce effective2 ness or for management solutions to improve acquisition 

3 management. 

4 SEC. 556. For an additional amount for the ‘‘Office 

5 of the Under Secretary for Management’’, $342,100,000, 

6 of which not to exceed $287,800,000 shall remain avail7 able until expended for necessary expenses to plan, ac8 quire, construct, renovate, remediate, equip, furnish, and 

9 occupy buildings and facilities to consolidate the Depart10 ment of Homeland Security headquarters at St. Eliza11 beths; and of which $54,300,000 shall remain available 

12 until expended for associated mission support lease con13 solidation. 

14 SEC. 557. Notwithstanding any other provision of 

15 law, should the Secretary of Homeland Security determine 

16 that specific U.S. Immigration and Customs Enforcement 

17 Service Processing Centers, or other U.S. Immigration 

18 and Customs Enforcement owned detention facilities, no 

19 longer meet the mission need, the Secretary is authorized 

20 to dispose of individual Service Processing Centers, or 

21 other U.S. Immigration and Customs Enforcement owned 

22 detention facilities, by directing the Administrator of Gen23 eral Services to sell all real and related personal property 

24 which support Service Processing Centers, or other U.S. 

25 Immigration and Customs Enforcement owned detention 
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1 facilities, operations, subject to such terms and conditions 

2 as necessary to protect Government interests and meet 

3 program requirements: Provided, That the proceeds, net 

4 of the costs of sale incurred by the General Services Ad5 ministration and U.S. Immigration and Customs Enforce6 ment shall be deposited as offsetting collections into a sep7 arate account that shall be available, subject to appropria8 tion, until expended for other real property capital asset 

9 needs of existing U.S. Immigration and Customs Enforce10 ment assets, excluding daily operations and maintenance 

11 costs, as the Secretary deems appropriate: Provided fur12 ther, That any sale or collocation of federally owned deten13 tion facilities shall not result in the maintenance of fewer 

14 than 33,400 detention beds: Provided further, That the 

15 Committees on Appropriations of the Senate and the 

16 House of Representatives shall be notified 15 days prior 

17 to the announcement of any proposed collocation. 

18 SEC. 558. The Department of Homeland Security 

19 shall report to Congress no later than February 7, 2011, 

20 with recommendations for savings from the identification 

21 of excess and surplus property as described in the June 

22 10, 2010, Presidential Memorandum entitled ‘‘Disposing 

23 of Unneeded Federal Real Estate’’. 
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1 SEC. 559. (a) CIVIL PENALTIES.—Section 

2 46301(a)(5)(A)(i) of title 49, United States Code, is 

3 amended— 

4 (1) by striking ‘‘or chapter 449’’ and inserting 

5 ‘‘chapter 449’’; and 

6 (2) by inserting ‘‘, or section 46314(a)’’ after 

7 ‘‘44909)’’. 

8 (b) CRIMINAL PENALTIES.—Section 46314(b) of title 

9 49, United States Code, is amended to read as follows: 

10 ‘‘(b) CRIMINAL PENALTY.—A person violating sub11 section (a) of this section shall be fined under title 18, 

12 imprisoned for not more than 10 years, or both.’’. 

13 (c) NOTICE OF PENALTIES.—Section 46314 of title 

14 49, United States Code, is amended by adding at the end 

15 the following new subsection: 

16 ‘‘(c) NOTICE OF PENALTIES.— 

17 ‘‘(1) IN GENERAL.—Each operator of an air18 port in the United States that is required to estab19 lish an air transportation security program pursuant 

20 to section 44903(c) shall ensure that signs that meet 

21 such requirements as the Secretary of Homeland Se22 curity may prescribe providing notice of the pen23 alties imposed under sections 46301(a)(5)(A)(i) and 

24 subsection (b) of this section, are displayed near all 

25 screening locations, all locations where passengers 
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1 exit the sterile area, and such other locations at the 

2 airport as the Secretary of Homeland Security deter3 mines appropriate. 

4 ‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An in5 dividual shall be subject to the penalty provided for 

6 under section 46301(a)(5)(A)(i) and subsection (b) 

7 of this section without regard to whether signs are 

8 displayed at an airport as required by paragraph 

9 (1).’’. 

10 SEC. 560. Section 421 of the Coast Guard and Mari11 time Transportation Act of 2006 (Public Law 109–241; 

12 120 Stat. 547) is amended— 

13 (1) by striking ‘‘in the 48-month period begin14 ning on the date of enactment of this Act if,’’ in 

15 subsection (a) and inserting ‘‘until the date of expi16 ration of this section if,’’; 

17 (2) by striking ‘‘Subsection (a)(1)’’ in sub18 section (b) and inserting ‘‘Subsection (a)’’; and 

19 (3) by striking ‘‘48 months after the date of en20 actment of this Act.’’ in subsection (d) and inserting 

21 ‘‘on July 11, 2012.’’ 

22 SEC. 561. Lot 1 of the Morning Heights Subdivision, 

23 Lot 2 and PT ST of the Morning Heights Subdivision, 

24 Lot 1 and PT ST of the Bayless Addition, and Lot 24 

25 of the Bayless Addition in Findlay, Ohio, shall be available 
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1 for construction and operation of portions of a flood con2 trol levee if a feasibility study completed by the Chief of 

3 Engineers, of the civil works program, of the United 

4 States Army Corps of Engineers indicates that such con5 struction is the most appropriate and cost-effective flood 

6 risk management project for the area: Provided, That 

7 those portions of the properties identified by the Chief of 

8 Engineers for construction and operation of portions of 

9 the flood control levee pursuant to the preceding proviso 

10 shall be excepted from section 404(b)(2)(B) of the Robert 

11 T. Stafford Disaster Relief and Emergency Assistance 

12 Act, and those portions of the named properties that are 

13 not used to construct and operate portions of said flood 

14 control levee shall remain deeded as open space in per15 petuity, in accordance with section 404(b)(2)(B). 

16 SEC. 562. None of the funds appropriated or other17 wise made available by this Act may be obligated by any 

18 covered executive agency in contravention of the certifi19 cation requirement of section 6(b) of the Iran Sanctions 

20 Act of 1996, as included in the revisions to the Federal 

21 Acquisition Regulation pursuant to such section. 

22 SEC. 563. Of the unobligated balances available in 

23 the fund codified under title 31 U.S.C. § 9703, 

24 $22,600,000 are permanently rescinded. 
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1 SEC. 564. From the unobligated balances of prior 

2 year appropriations made available for U.S. Customs and 

3 Border Protection ‘‘Automation Modernization’’, 

4 $10,000,000 are rescinded. 

5 SEC. 565. From the unobligated balances of prior 

6 year appropriations made available for U.S. Customs and 

7 Border Protection ‘‘Border Security Fencing, Infrastruc8 ture, and Technology’’, $25,000,000 are rescinded. 

9 SEC. 566. From the unobligated balances of prior 

10 year appropriations made available for Transportation Se11 curity Administration, $15,000,000 are rescinded: Pro12 vided, That the Transportation Security Administration 

13 shall not rescind any unobligated balances from the fol14 lowing programs: screener partnership program; explosives 

15 detection systems; checkpoint support; aviation regulation 

16 and other enforcement; and air cargo. 

17 SEC. 567. From the unobligated balances of prior 

18 year appropriations made available for Domestic Nuclear 

19 Detection Office ‘‘Research, Development, and Oper20 ations’’, $27,000,000 are rescinded. 

21 SEC. 568. From the unobligated balances of prior 

22 year appropriations made available for National Protec23 tion and Programs Directorate ‘‘Infrastructure Protection 

24 and Information Security’’, $6,000,000 are rescinded. 
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1 SEC. 569. From the unobligated balances of funds 

2 for the ‘‘Office for Domestic Preparedness’’ transferred to 

3 the Department of Homeland Security when it was estab4 lished in 2003,$5,000,000 are rescinded. 

5 SEC. 570. From the unobligated balances of prior 

6 year appropriations made available for U.S. Customs and 

7 Border Protection, ‘‘Salaries and Expenses’’, Head8 quarters Management and Administration program, 

9 project, and activity, $14,500,000 are rescinded. 

10 SEC. 571. From the unobligated balances of funds 

11 for the ‘‘Violent Crime Reduction Program’’ transferred 

12 to the Department of Homeland Security when it was es13 tablished in 2003, $4,800,000 are rescinded. 

14 SEC. 572. From the unobligated balances of prior 

15 year appropriations made available for ‘‘United States 

16 Citizenship and Immigration Services’’ in Public Law 

17 111–83 for activities related to REAL ID Act implementa18 tion, $10,000,000 are rescinded. 

19 SEC. 573. For fiscal year 2011 and hereafter, U.S. 

20 Customs and Border Protection’s Advanced Training Cen21 ter is authorized to charge fees for any service and/or 

22 thing of value it provides to Federal Government or non23 government entities or individuals, so long as the fees 

24 charged do not exceed the full costs associated with the 

25 service or thing of value provided: Provided, That notwith-
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1 standing 31 U.S.C. 3302(b), fees collected by the Ad2 vanced Training Center, are to be deposited into a sepa3 rate account entitled the ‘‘Advanced Training Center Re4 volving Fund’’, and be available, without further appro5 priations, for necessary expenses of the Advanced Train6 ing Center program, and are to remain available until ex7 pended. 

8 SEC. 574. For an additional amount for the Federal 

9 Emergency Management Agency, ‘‘State and Local Pro10 grams’’, $20,000,000, to remain available until expended, 

11 for necessary expenses for reimbursement of the actual 

12 costs to State and local governments for providing emer13 gency management, public safety, and security at events, 

14 as determined by the Administrator of the Federal Emer15 gency Management Agency related to the presence of Na16 tional Special Security Event. 

17 SEC. 575. The Administrator of the Federal Emer18 gency Management Agency shall consider satisfied for 

19 Hurricane Katrina the non-Federal match requirement for 

20 assistance provided by the Federal Emergency Manage21 ment Agency pursuant to section 404(a) of the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance Act, 

23 42 U.S.C. 5170c(a). 

24 SEC. 576. Notwithstanding any other provision of 

25 law, including any agreement, the Federal share of assist-
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1 ance, including direct Federal assistance provided under 

2 sections 403, 406, and 407 of the Robert T. Stafford Dis3 aster Relief and Emergency Assistance Act (42 U.S.C. 

4 5140b, 5172, and 5173), for damages resulting from 

5 FEMA–3311–EM–RI, FEMA–1894–DR, FEMA–1867– 

6 DR, FEMA–1873–DR, FEMA–1889–DR, FEMA–1897– 

7 DR, FEMA–1906–DR, FEMA–1909–DR, and FEMA– 

8 1916–DR shall not be less than 90 percent of the eligible 

9 costs under such sections. 

10 SEC. 577. The Administrator of the Federal Emer11 gency Management Agency shall consider as non-discre12 tionary the decision to award grants for the construction 

13 and equipping of any interoperable communications sys14 tem for which construction was initiated before June 1, 

15 2009, for which grant applications were made under sec16 tion 573 of division E of the Consolidated Appropriations 

17 Act, 2008 (Public Law 110–161), section 10501 of divi18 sion B of the Consolidated Security, Disaster Assistance, 

19 and Continuing Appropriations Act, 2009 (Public Law 

20 110–329), or section 603 of the Supplemental Appropria21 tions Act, 2009 (Public Law 111–32). 

22 This Act may be cited as the ‘‘Department of Home23 land 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 

September 30, 2011, and for other purposes. Homeland Security for the fiscal year ending 

JULY 19, 2010 

Read twice and placed on the calendar