162 
(1) in subsection (a), by striking ‘‘Until Sep-
tember 30, 2011,’’ and inserting ‘‘Until September 30, 
2012,’’; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c), (d), and (e) 
as subsections (b), (c), and (d), respectively; and 
(4) in subsection (c)(1) (as redesignated by para-
graph (3) of this section), by striking ‘‘September 30, 
2011,’’ and inserting ‘‘September 30, 2012,’’. 
SEC. 530. The Secretary of Homeland Security shall 
require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to successful 
acquisition outcomes (which outcomes shall be specified in 
terms of cost, schedule, and performance). 
SEC. 531. None of the funds made available to the Of-
fice of the Secretary and Executive Management under this 
Act may be expended for any new hires by the Department 
of Homeland Security that are not verified through the E- 
Verify Program under section 401 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note). 
SEC. 532. None of the funds made available in this 
Act for U.S. Customs and Border Protection may be used 
to prevent an individual not in the business of importing 
a prescription drug (within the meaning of section 801(g)
163 
of the Federal Food, Drug, and Cosmetic Act) from import-
ing a prescription drug from Canada that complies with 
the Federal Food, Drug, and Cosmetic Act: Provided, That 
this section shall apply only to individuals transporting on 
their person a personal-use quantity of the prescription 
drug, not to exceed a 90-day supply: Provided further, That 
the prescription drug may not be— 
(1) a controlled substance, as defined in section 
102 of the Controlled Substances Act (21 U.S.C. 802); 
or 
(2) a biological product, as defined in section 
351 of the Public Health Service Act (42 U.S.C. 262). 
SEC. 533. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall notify 
the Committees on Appropriations of the Senate and the 
House of Representatives of any proposed transfers of funds 
available under section 9703.1 (g)(4)(B) of title 31, United 
States Code (as added by Public Law 102–393) from the 
Department of the Treasury Forfeiture Fund to any agency 
within the Department of Homeland Security: Provided, 
That none of the funds identified for such a transfer may 
be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives approve the pro-
posed transfers.
164 
SEC. 534 None of the funds made available in this Act 
may be used for planning, testing, piloting, or developing 
a national identification card. 
SEC. 535 (a) Notwithstanding any other provision of 
this Act, except as provided in subsection (b), and 30 days 
after the date that the President determines whether to de-
clare a major disaster because of an event and any appeal 
is completed, the Administrator shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of 
the Senate, the Committee on Homeland Security of the 
House of Representatives, the Committee on Transportation 
and Infrastructure of the House of Representatives, the 
Committees on Appropriations of the Senate and the House 
of Representatives, and publish on the website of the Federal 
Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment infor-
mation used to determine whether to declare a major dis-
aster. 
(b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines 
would compromise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Federal Emergency Management Agen-
cy; and
165 
(2) the term ‘‘major disaster’’ has the meaning 
given that term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122). 
SEC. 536. (a) Notwithstanding any other provision of 
law, if the Secretary of Homeland Security determines that 
the National Bio- and Agro-defense Facility should be lo-
cated at a site other than Plum Island, New York, the Sec-
retary shall ensure that the Administrator of General Serv-
ices sells through public sale all real and related personal 
property and transportation assets which support Plum Is-
land operations, subject to such terms and conditions as 
may be necessary to protect Government interests and meet 
program requirements. 
(b) The proceeds of such sale described in subsection 
(a) shall be deposited as offsetting collections into the De-
partment of Homeland Security Science and Technology 
‘‘Research, Development, Acquisition, and Operations’’ ac-
count and, subject to appropriation, shall be available until 
expended, for site acquisition, construction, and costs re-
lated to the construction of the National Bio- and Agro- 
defense Facility, including the costs associated with the sale, 
including due diligence requirements, necessary environ-
mental remediation at Plum Island, and reimbursement of 
expenses incurred by the General Services Administration.
166 
SEC. 537. Any official that is required by this Act to 
report or to certify to the Committees on Appropriations 
of the Senate and the House of Representatives may not 
delegate such authority to perform that act unless specifi-
cally authorized herein. 
SEC. 538. Section 550(b) of the Department of Home-
land Security Appropriations Act, 2007 (Public Law 109– 
295; 6 U.S.C. 121 note), as amended by section 550 of the 
Department of Homeland Security Appropriations Act, 
2010 (Public Law 111–83), is further amended by striking 
‘‘on October 4, 2011’’ and inserting ‘‘on October 4, 2012’’. 
SEC. 539. None of the funds appropriated or otherwise 
made available in this or any other Act may be used to 
transfer, release, or assist in the transfer or release to or 
within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, at 
the United States Naval Station, Guantanamo Bay, 
Cuba, by the Department of Defense. 
SEC. 540. For fiscal year 2012 and thereafter, for pur-
poses of section 210C of the Homeland Security Act of 2002 
(6 U.S.C. 124j), a rural area shall also include any area 
that is located in a metropolitan statistical area and a
167 
county, borough, parish, or area under the jurisdiction of 
an Indian tribe with a population of not more than 50,000. 
SEC. 541. None of the funds made available in this 
Act may be used for first-class travel by the employees of 
agencies funded by this Act in contravention of sections 
301–10.122 through 301.10–124 of title 41, Code of Federal 
Regulations. 
SEC. 542. None of the funds made available in this 
Act may be used to propose or effect a disciplinary or ad-
verse action, with respect to any Department of Homeland 
Security employee who engages regularly with the public 
in the performance of his or her official duties solely because 
that employee elects to utilize protective equipment or meas-
ures, including but not limited to surgical masks, N95 res-
pirators, gloves, or hand-sanitizers, where use of such equip-
ment or measures is in accord with Department of Home-
land Security policy, and Centers for Disease Control and 
Prevention and Office of Personnel Management guidance. 
SEC. 543. None of the funds made available in this 
Act may be used to employ workers described in section 
274A(h)(3) of the Immigration and Nationality Act (8 
U.S.C. 1324a(h)(3)). 
SEC. 544. (a) Section 1647(b) of Public Law 112–10 
is amended by striking ‘‘provided in this division’’ and in-
serting ‘‘made available in this or any other Act’’.
168 
(b) The amendment made by subsection (a) shall apply 
to the fiscal year ending September 30, 2012. 
SEC. 545. For an additional amount for necessary ex-
penses for reimbursement of the actual costs to State and 
local governments for providing emergency management, 
public safety, and security at events, as determined by the 
Administrator of the Federal Emergency Management 
Agency, related to the presence of a National Special Secu-
rity Event, $10,000,000, to remain available until Sep-
tember 30, 2013. 
SEC. 546. Notwithstanding the 10 percent limitation 
contained in section 503(c) of this Act, the Secretary of 
Homeland Security may transfer to the fund established by 
8 U.S.C. 1101 note, up to $20,000,000 from appropriations 
available to the Department of Homeland Security: Pro-
vided, That the Secretary shall notify the Committees on 
Appropriations of the Senate and House of Representatives 
5 days in advance of such transfer. 
SEC. 547. The administrative law judge annuitants 
participating in the Senior Administrative Law Judge Pro-
gram managed by the Director of the Office of Personnel 
Management under section 3323 of title 5, United States 
Code, shall be available on a temporary re-employment 
basis to conduct arbitrations of disputes as part of the arbi-
tration panel established by the President under section 601
169 
of division A of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111–5; 123 Stat. 164). 
SEC. 548. (a) Any company that collects or retains 
personal information directly from any individual who 
participates in the Registered Traveler program of the 
Transportation Security Administration shall safeguard 
and dispose of such information in accordance with the re-
quirements in— 
(1) the National Institute for Standards and 
Technology Special Publication 800–30, entitled 
‘‘Risk Management Guide for Information Technology 
Systems’’; 
(2) the National Institute for Standards and 
Technology Special Publication 800–53, Revision 3, 
entitled ‘‘Recommended Security Controls for Federal 
Information Systems and Organizations,’’; and 
(3) any supplemental standards established by 
the Assistant Secretary of Homeland Security, 
(Transportation Security Administration) (referred to 
in this section as the ‘‘Assistant Secretary’’). 
(b) The airport authority or air carrier operator that 
sponsors the company under the Registered Traveler pro-
gram shall be known as the Sponsoring Entity. 
(c) The Assistant Secretary shall require any company 
covered by subsection (a) to provide, not later than 30 days
170 
after the date of the enactment of this Act, to the Sponsoring 
Entity written certification that the procedures used by the 
company to safeguard and dispose of information are in 
compliance with the requirements under subsection (a). 
Such certification shall include a description of the proce-
dures used by the company to comply with such require-
ments. 
SEC. 549. Notwithstanding any other provision of this 
Act, none of the funds appropriated or otherwise made 
available by this Act may be used to pay award or incentive 
fees for contractor performance that has been judged to be 
below satisfactory performance or performance that does not 
meet the basic requirements of a contract. 
SEC. 550. (a) Not later than 180 days after the date 
of enactment of this Act, the Assistant Secretary of Home-
land Security (Transportation Security Administration) 
shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives, a report that ei-
ther— 
(1) certifies that the requirement for screening 
all air cargo on passenger aircraft by the deadline 
under section 44901(g) of title 49, United States 
Code, has been met; or
171 
(2) includes a strategy to comply with the re-
quirements under title 44901(g) of title 49, United 
States Code, including— 
(A) a plan to meet the requirement under 
section 44901(g) of title 49, United States Code, 
to screen 100 percent of air cargo transported on 
passenger aircraft arriving in the United States 
in foreign air transportation (as that term is de-
fined in section 40102 of that title); and 
(B) specification of— 
(i) the percentage of such air cargo 
that is being screened; and 
(ii) the schedule for achieving screening 
of 100 percent of such air cargo. 
(b) The Assistant Secretary shall continue to submit 
reports described in subsection (a)(2) every 180 days there-
after until the Assistant Secretary certifies that the Trans-
portation Security Administration has achieved screening 
of 100 percent of such air cargo. 
SEC. 551. In developing any process to screen aviation 
passengers and crews for transportation or national secu-
rity purposes, the Secretary of Homeland Security shall en-
sure that any processes developed take into consideration 
such passengers’ and crews’ privacy and civil liberties con-
sistent with applicable laws, regulations, and guidance.
172 
SEC. 552. None of the funds appropriated or otherwise 
made available by this Act may be used by the Department 
of Homeland Security to enter into any federal contract un-
less such contract is entered into in accordance with the 
requirements of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of 
title 10, United States Code, and the Federal Acquisition 
Regulation, unless such contract is otherwise authorized by 
statute to be entered into without regard to the above ref-
erenced statutes. 
SEC. 553. (a) Funds made available by this Act solely 
for data center migration may be transferred by the Sec-
retary of Homeland Security between appropriations for 
the same purpose, notwithstanding section 503 of this Act. 
(b) No transfer described in (a) shall occur until 15 
days after the Committees on Appropriations of the Senate 
and the House and Representatives are notified of such 
transfer. 
(c) In addition to amounts made available in this Act 
for data center migration, $15,000,000, is available to the 
Secretary of Homeland Security for data center migration 
activities. 
SEC. 554. For fiscal year 2012 and thereafter, U.S. 
Customs and Border Protection’s Advanced Training Cen-
ter is authorized to charge fees for any service and/or thing
173 
of value it provides to Federal Government or non-govern-
ment entities or individuals, so long as the fees charged do 
not exceed the full costs associated with the service or thing 
of value provided: Provided, That notwithstanding 31 
U.S.C. 3302(b), fees collected by the Advanced Training 
Center are to be deposited into a separate account entitled 
‘‘Advanced Training Center Revolving Fund’’, and be 
available, without further appropriations, for necessary ex-
penses of the Advanced Training Center program, and are 
to remain available until expended. 
SEC. 555. Section 559(e) of Public Law 111–83 is 
amended— 
(a) in the matter preceding the first proviso, by strik-
ing ‘‘law, sell’’ and inserting ‘‘law, hereafter sell’’; and 
(b) in the first proviso— 
(1) by striking ‘‘shall be deposited’’ and inserting 
‘‘shall hereafter be deposited’’; and 
(2) by striking ‘‘subject to appropriation,’’ and 
inserting ‘‘without further appropriations,’’. 
SEC. 556. Notwithstanding any other provision of law, 
should the Secretary of Homeland Security determine that 
specific U.S. Immigration and Customs Enforcement Serv-
ice Processing Centers or other U.S. Immigration and Cus-
toms Enforcement owned detention facilities no longer meet 
the mission need, the Secretary is authorized to dispose of