of the Senate and the House of Representatives on any 
funds that are so recovered or deobligated. 
SEC. 517. Any funds appropriated to ‘‘Coast Guard, 
Acquisition, Construction, and Improvements’’ for fiscal 
years 2002, 2003, 2004, 2005, and 2006 for the 110– 
123 foot patrol boat conversion that are recovered, col-
lected, or otherwise received as the result of negotiation, 
mediation, or litigation, shall be available until expended 
for the Fast Response Cutter program. 
SEC. 518. Section 532(a) of Public Law 109–295 
(120 Stat. 1384) is amended by striking ‘‘2010’’ and in-
serting ‘‘2012’’. 
SEC. 519. The functions of the Federal Law Enforce-
ment Training Center instructor staff shall be classified 
as inherently governmental for the purpose of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note). 
SEC. 520. (a) Except as provided in subsection (b), 
none of the funds appropriated in this or any other Act 
to the Office of the Secretary and Executive Management, 
the Office of the Under Secretary for Management, or the 
Office of the Chief Financial Officer, may be obligated for 
a grant or contract funded under such headings by any 
means other than full and open competition. 
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(b) Subsection (a) does not apply to obligation of 
funds for a contract awarded— 
(1) by a means that is required by a Federal 
statute, including obligation for a purchase made 
under a mandated preferential program, including 
the AbilityOne Program, that is authorized under 
the Javits-Wagner-O’Day Act (41 U.S.C. 46 et 
seq.); 
(2) pursuant to the Small Business Act (15 
U.S.C. 631 et seq.); 
(3) in an amount less than the simplified acqui-
sition threshold described under section 302A(a) of 
the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 252a(a)); or 
(4) by another Federal agency using funds pro-
vided through an interagency agreement. 
(c)(1) Subject to paragraph (2), the Secretary of 
Homeland Security may waive the application of this sec-
tion for the award of a contract in the interest of national 
security or if failure to do so would pose a substantial risk 
to human health or welfare. 
(2) Not later than five days after the date on which 
the Secretary of Homeland Security issues a waiver under 
this subsection, the Secretary shall submit notification of 
that waiver to the Committees on Appropriations of the 
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Senate and the House of Representatives, including a de-
scription of the applicable contract to which the waiver 
applies and an explanation of why the waiver authority 
was used: Provided, That the Secretary may not delegate 
the authority to grant such a waiver. 
(d) In addition to the requirements established by 
subsections (a), (b), and (c) of this section, the Inspector 
General of the Department of Homeland Security shall re-
view departmental contracts awarded through means other 
than a full and open competition to assess departmental 
compliance with applicable laws and regulations: Provided, 
That the Inspector General shall review selected contracts 
awarded in the previous fiscal year through means other 
than a full and open competition: Provided further, That 
in selecting which contracts to review, the Inspector Gen-
eral shall consider the cost and complexity of the goods 
and services to be provided under the contract, the criti-
cality of the contract to fulfilling Department missions, 
past performance problems on similar contracts or by the 
selected vendor, complaints received about the award proc-
ess or contractor performance, and such other factors as 
the Inspector General deems relevant: Provided further, 
That the Inspector General shall report the results of the 
reviews to the Committees on Appropriations of the Sen-
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ate and the House of Representatives no later than Feb-
ruary 6, 2012. 
SEC. 521. None of the funds provided in this Act or 
any previous appropriations Acts shall be used to fund any 
position designated as a Principal Federal Official, or suc-
cessor position, for any event that is declared a major dis-
aster or emergency under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. et seq.). 
SEC. 522. None of the funds made available in this 
or any other Act may be used to enforce section 4025(1) 
of the Intelligence Reform and Terrorism Prevention Act 
(Public Law 108–458; 118 Stat. 3724) unless the Assist-
ant Secretary of Homeland Security (Transportation Se-
curity Administration) reverses the determination of July 
19, 2007, that butane lighters are not a significant threat 
to civil aviation security. 
SEC. 523. None of the funds made available in this 
Act may be used to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452). 
SEC. 524. None of the funds made available in this 
Act may be used by United States Citizenship and Immi-
gration Services to grant an immigration benefit unless 
the results of background checks required by law to be 
completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration 
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Services, and the results do not preclude the granting of 
the benefit. 
SEC. 525. None of the funds made available in this 
or any other Act for fiscal year 2012 and hereafter may 
be used to destroy or put out to pasture any horse or other 
equine belonging to any component or agency of the De-
partment of Homeland Security that has become unfit for 
service, unless the trainer or handler is first given the op-
tion to take possession of the equine through an adoption 
program that has safeguards against slaughter and inhu-
mane treatment. 
SEC. 526. Section 831 of the Homeland Security Act 
of 2002 (6 U.S.C. 391) is amended— 
(1) in subsection (a), by striking ‘‘Until Sep-
tember 30, 2011,’’ and inserting ‘‘Until September 
30, 2012,’’; and 
(2) in subsection (d)(1), by striking ‘‘September 
30, 2011,’’ and inserting ‘‘September 30, 2012,’’. 
SEC. 527. The Secretary of Homeland Security shall 
require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to success-
ful acquisition outcomes (which outcomes shall be speci-
fied in terms of cost, schedule, and performance). 
SEC. 528. None of the funds made available to the 
Office of the Secretary and Executive Management under 
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this Act may be expended for any new hires by the Depart-
ment of Homeland Security that are not verified through 
the E-Verify Program established under section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1324a note). 
SEC. 529. None of the funds made available in this 
Act for U.S. Customs and Border Protection may be used 
to prevent an individual not in the business of importing 
a prescription drug (within the meaning of section 801(g) 
of the Federal Food, Drug, and Cosmetic Act) from im-
porting a prescription drug from Canada that complies 
with the Federal Food, Drug, and Cosmetic Act: Provided, 
That this section shall apply only to individuals trans-
porting on their person a personal-use quantity of the pre-
scription 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. 530. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall no-
tify the Committees on Appropriations of the Senate and 
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the House of Representatives of any proposed transfers 
of funds available under subsection (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 Appro-
priations of the Senate and the House of Representatives 
approve the proposed transfers. 
SEC. 531. None of the funds made available in this 
Act may be used for planning, testing, piloting, or devel-
oping a national identification card. 
SEC. 532. If the Assistant Secretary of Homeland Se-
curity (Transportation Security Administration) deter-
mines that an airport does not need to participate in the 
E-Verify Program established under section 403(a) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note), the Assistant Sec-
retary shall certify to the Committees on Appropriations 
of the Senate and the House of Representatives that no 
security risks will result from such non-participation. 
SEC. 533. (a) Notwithstanding any other provision 
of this Act, except as provided in subsection (b), and 30 
days after the date on which the President determines 
whether to declare a major disaster because of an event 
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and any appeal is completed, the Administrator shall sub-
mit to the Committee on Homeland Security and Govern-
mental 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, and 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 sum-
marize damage assessment information used to determine 
whether to declare a major disaster. 
(b) The Administrator may redact from a report 
under subsection (a) any data that the Administrator de-
termines would compromise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Federal Emergency Management 
Agency; and 
(2) the term ‘‘major disaster’’ has the meaning 
given that term in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122). 
SEC. 534. (a) Notwithstanding any other provision 
of law during fiscal year 2012 or any subsequent fiscal 
year, if the Secretary of Homeland Security determines 
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that the National Bio- and Agro-defense Facility be lo-
cated at a site other than Plum Island, New York, the 
Secretary shall ensure that the Administrator of General 
Services sells through public sale all real and related per-
sonal property and transportation assets that support 
Plum Island operations, subject to such terms and condi-
tions as may be necessary to protect Government interests 
and meet program requirements. 
(b) The proceeds of any 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 envi-
ronmental remediation at Plum Island, and reimburse-
ment of expenses incurred by the General Services Admin-
istration. 
SEC. 535. Any official that is required by this Act 
to report or certify to the Committees on Appropriations 
of the Senate and the House of Representatives may not 
delegate such authority to perform that act unless specifi-
cally authorized herein. 
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SEC. 536. Section 550(b) of the Department of 
Homeland Security Appropriations Act, 2007 (Public Law 
109–295; 6 U.S.C. 121 note) is further amended by strik-
ing ‘‘2011’’ and inserting ‘‘2012’’. 
SEC. 537. None of the funds appropriated or other-
wise 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, 
including detaining, accepting custody of, or extending im-
migration benefits to, 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. 538. 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 Fed-
eral Regulations. 
SEC. 539. 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 
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in the performance of his or her official duties solely be-
cause that employee elects to utilize protective equipment 
or measures, including but not limited to surgical masks, 
N95 respirators, gloves, or hand-sanitizers, where use of 
such equipment or measures is in accord with Department 
of Homeland Security policy, and Centers for Disease 
Control and Prevention and Office of Personnel Manage-
ment guidance. 
SEC. 540. 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. 541. (a) Any company that collects or retains 
personal information directly from any individual who par-
ticipates in the Registered Traveler program of the Trans-
portation Security Administration shall safeguard and dis-
pose of such information in accordance with the require-
ments in— 
(1) the National Institute for Standards and 
Technology Special Publication 800–30, entitled 
‘‘Risk Management Guide for Information Tech-
nology Systems’’; 
(2) the National Institute for Standards and 
Technology Special Publication 800–53, Revision 3, 
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entitled ‘‘Recommended Security Controls for Fed-
eral 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 com-
pany covered by subsection (a) to provide, not later than 
30 days after the date of enactment of this Act, to the 
Sponsoring Entity written certification that the proce-
dures used by the company to safeguard and dispose of 
information are in compliance with the requirements 
under subsection (a). Such certification shall include a de-
scription of the procedures used by the company to comply 
with such requirements. 
(d) Not later than 90 days after the date of enact-
ment of this Act, the Assistant Secretary shall submit to 
the Committees on Appropriations of the Senate and the 
House of Representatives a report that includes a descrip-
tion of— 
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(1) the procedures that have been used to safe-
guard and dispose of personal information collected 
through the Registered Traveler program; and 
(2) the status of any certifications required to 
be submitted by subsection (c). 
SEC. 542. 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 perform-
ance that does not meet the basic requirements of a con-
tract. 
SEC. 543. (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 
either— 
(1) certifies that the requirement for screening 
all air cargo on passenger aircraft by the deadline 
under section 44901(g) of title 49, United States 
Code, has been met; or 
(2) includes a strategy to comply with the re-
quirements under title 44901(g) of title 49, United 
States Code, including— 
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(A) a plan to meet the requirement under 
section 44901(g) of title 49, United States 
Code, to screen 100 percent of air cargo trans-
ported on passenger aircraft arriving in the 
United States in foreign air transportation (as 
that term is defined 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 screen-
ing of 100 percent of such air cargo. 
(b) The Assistant Secretary shall continue to submit 
reports described in subsection (a)(2) every 180 days 
thereafter until the Assistant Secretary certifies that the 
Transportation Security Administration has achieved 
screening of 100 percent of such air cargo. 
SEC. 544. In developing any process to screen avia-
tion passengers and crews for transportation or national 
security purposes, the Secretary of Homeland Security 
shall ensure that all such processes take into consideration 
such passengers’ and crews’ privacy and civil liberties con-
sistent with applicable laws, regulations, and guidance. 
SEC. 545. Sections 1309(a) and 1319 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 
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4026) shall each be amended by striking ‘‘September 30, 
2011’’ and inserting ‘‘September 30, 2012’’. 
SEC. 546. (a) Notwithstanding section 1356(n) of 
title 8, United States Code, of the funds deposited into 
the Immigration Examinations Fee Account, $8,500,000 
is available to United States Citizenship and Immigration 
Services in fiscal year 2012 for the purpose of providing 
an immigrant integration grants program. 
(b) None of the funds made available to United 
States Citizenship and Immigration Service for grants for 
immigrant integration may be used to provide services to 
aliens who have not been lawfully admitted for permanent 
residence. 
SEC. 547. (a) The Secretary of Homeland Security 
may transfer to the Secretary of the Interior amounts 
available for environmental mitigation requirements for 
‘‘U.S. Customs and Border Protection, Border Security 
Fencing, Infrastructure, and Technology’’ for fiscal years 
2009, 2010, 2011, and 2012, for use by the Secretary of 
the Interior under laws administered by such Secretary 
to mitigate adverse environmental impacts, resulting di-
rectly from construction, operation, and maintenance ac-
tivities by the Department of Homeland Security related 
to border security. 
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(b) Uses of funds authorized by this section include 
minimal, necessary acquisition of land or interests in land 
that will, in the judgment of the Secretary of the Interior, 
mitigate or offset such adverse impacts. 
(c) Any funds transferred under this section shall be 
used in accordance with a written agreement between the 
Secretaries. 
(d) The Secretary of the Interior, in consultation with 
the Secretary of Homeland Security, shall submit to the 
Committees on Appropriations of the Senate and the 
House of Representatives, by not later than 15 days before 
any proposed transfer under this section, an expenditure 
plan that describes in detail the actions proposed to be 
taken with amounts transferred under this section. 
(e) Concurrent with submittal of the expenditure 
plan, the Secretary of Homeland Security shall submit a 
certification that the actions outlined in the expenditure 
plan cannot be legally executed under the authorities of 
U.S. Customs and Border Protection or any other compo-
nent of the Department of Homeland Security and are de-
termined to be necessary for mitigation of construction, 
operation, and maintenance activities related to border se-
curity. 
SEC. 548. Of the funds transferred to the Depart-
ment of Homeland Security when it was created in 2003, 
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the following funds are hereby rescinded from the fol-
lowing accounts and programs in the specified amounts: 
(1) $20,997,225 from ‘‘U.S. Immigration and 
Customs Enforcement, Salaries and Expenses’’; and 
(2) $594,945 from ‘‘Violent Crime Reduction 
Programs’’. 
SEC. 549. Of the following unobligated balances 
available for ‘‘Department of Homeland Security, U.S. 
Immigration and Customs Enforcement, Construction’’, 
$11,300,000 is rescinded. 
TITLE VI 
EMERGENCY SUPPLEMENTAL FUNDING FOR 
DISASTER RELIEF 
(INCLUDING RESCISSION AND TRANSFER OF FUNDS) 
SEC. 601. Effective on the date of the enactment of 
this Act, of the unobligated balances remaining available 
to the Department of Energy pursuant to section 129 of 
the Continuing Appropriations Resolution, 2009 (division 
A of Public Law 110–329), $500,000,000 is rescinded and 
$1,000,000,000 is hereby transferred to and merged with 
‘‘Department of Homeland Security—Federal Emergency 
Management Agency—Disaster Relief’’: Provided, That 
the amount transferred by this section is designated as 
an emergency pursuant to section 3(c)(1) of H. Res. 5 
(112th Congress). 
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TITLE VII 
SPENDING REDUCTION ACCOUNT 
SEC. 701. The amount by which the applicable alloca-
tion of new budget authority made by the Committee on 
Appropriations of the House of Representatives under sec-
tion 302(b) of the Congressional Budget Act of 1974 ex-
ceeds the amount of proposed new budget authority is $0. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2012’’. 
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Union Calendar No. 50 
112TH CONGRESS 
1ST SESSION 
H. R. 2017 
[Report No. 112–91] 
A BILL 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2012, and for other purposes. 
MAY 26, 2011 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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