H. R. 2055—190 
SEC. 530. None of the funds made available to the Office of 
the Secretary and Executive Management under this Act may be 
expended for any new hires by the Department of Homeland Secu-
rity that are not verified through the E-Verify Program as described 
in section 403(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note). 
SEC. 531. None of the funds in this Act shall be used to 
reduce the United States Coast Guard’s Operations Systems Center 
mission or its government-employed or contract staff levels. 
SEC. 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) of the Federal Food, Drug, 
and Cosmetic Act) from importing a prescription drug from Canada 
that complies with the Federal Food, Drug, and Cosmetic Act: 
Provided, That this section shall apply only to individuals trans-
porting 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. None of the funds appropriated by this Act may 
be used to conduct, or to implement the results of, a competition 
under Office of Management and Budget Circular A–76 for activities 
performed with respect to the Coast Guard National Vessel Docu-
mentation Center. 
SEC. 534. 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: Pro-
vided, That none of the funds identified for such a transfer may 
be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives approve the proposed transfers. 
SEC. 535. None of the funds made available in this Act may 
be used for planning, testing, piloting, or developing a national 
identification card. 
SEC. 536. If the Administrator of the Transportation Security 
Administration determines that an airport does not need to partici-
pate in the E-Verify Program as described in section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note), the Administrator 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. 537. (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 and any appeal is completed, the 
Administrator shall publish on the Web site of the Federal Emer-
gency Management Agency a report regarding that decision that 
shall summarize damage assessment information used to determine 
whether to declare a major disaster.
H. R. 2055—191 
(b) The Administrator may redact from a report under sub-
section (a) any data that the Administrator determines would com-
promise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Administrator of 
the Federal Emergency Management Agency; and 
(2) the term ‘‘major disaster’’ has the meaning given that 
term in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). 
SEC. 538. (a) Notwithstanding any other provision of law during 
fiscal year 2012 or any subsequent fiscal year, if the Secretary 
of Homeland Security determines that the National Bio- and Agro- 
defense Facility should be located 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 
personal property and transportation assets which support Plum 
Island 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 Department of Home-
land Security Science and Technology ‘‘Research, Development, 
Acquisition, and Operations’’ account and, subject to appropriation, 
shall be available until expended, for site acquisition, construction, 
and costs related to the construction of the National Bio- and 
Agro-defense Facility, including the costs associated with the sale, 
including due diligence requirements, necessary environmental 
remediation at Plum Island, and reimbursement of expenses 
incurred by the General Services Administration. 
SEC. 539. 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 specifically authorized herein. 
SEC. 540. Section 550(b) of the Department of Homeland Secu-
rity 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. 541. 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 Depart-
ment of Defense. 
SEC. 542. 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. 543. None of the funds made available in this Act may 
be used to propose or effect a disciplinary or adverse action, with 
respect to any Department of Homeland Security employee who 
engages regularly with the public in the performance of his or
H. R. 2055—192 
her official duties solely because 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 Management guidance. 
SEC. 544. 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. 545. (a) Any company that collects or retains personal 
information directly from any individual who participates in the 
Registered Traveler program of the Transportation Security 
Administration shall safeguard and dispose of such information 
in accordance with the requirements in— 
(1) the National Institute for Standards and Technology 
Special Publication 800–30, entitled ‘‘Risk Management Guide 
for Information Technology Systems’’; 
(2) the National Institute for Standards and Technology 
Special Publication 800–53, Revision 3, entitled ‘‘Recommended 
Security Controls for Federal Information Systems and 
Organizations,’’; and 
(3) any supplemental standards established by the 
Administrator of the Transportation Security Administration 
(referred to in this section as the ‘‘Administrator’’). 
(b) The airport authority or air carrier operator that sponsors 
the company under the Registered Traveler program shall be known 
as the Sponsoring Entity. 
(c) The Administrator shall require any company covered by 
subsection (a) to provide, not later than 30 days after the date 
of enactment of this Act, to the Sponsoring Entity written certifi-
cation that the procedures used by the company to safeguard and 
dispose of information are in compliance with the requirements 
under subsection (a). Such certification shall include a description 
of the procedures used by the company to comply with such require-
ments. 
SEC. 546. For fiscal year 2012 and thereafter, for purposes 
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 county, borough, parish, 
or area under the jurisdiction of an Indian tribe with a population 
of not more than 50,000. 
SEC. 547. 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 perform-
ance or performance that does not meet the basic requirements 
of a contract. 
SEC. 548. (a) Not later than 180 days after the date of enact-
ment of this Act, the Administrator of the 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 requirements 
under title 44901(g) of title 49, United States Code, including—
H. R. 2055—193 
(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 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 screening of 100 
percent of such air cargo. 
(b) The Administrator shall continue to submit reports 
described in subsection (a)(2) every 180 days thereafter until the 
Administrator certifies that the Transportation Security Adminis-
tration has achieved screening of 100 percent of such air cargo. 
SEC. 549. In developing any process to screen aviation pas-
sengers 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’ pri-
vacy and civil liberties consistent with applicable laws, regulations, 
and guidance. 
SEC. 550. (a) None of the funds made available in this Act 
may be obligated for construction of the National Bio- and Agro- 
defense Facility until the Department of Homeland Security— 
(1) completes 50 percent of design planning for the National 
Bio- and Agro-defense Facility; 
(2) submits to the Committees on Appropriations of the 
Senate and the House of Representatives a revised site-specific 
biosafety and biosecurity mitigation risk assessment that 
describes how to significantly reduce risks of conducting essen-
tial research and diagnostic testing at the National Bio- and 
Agro-defense Facility and addresses shortcomings identified in 
the National Academy of Sciences’ evaluation of the initial 
site-specific biosafety and biosecurity mitigation risk assess-
ment; and 
(3) submits to the Committees on Appropriations of the 
Senate and the House of Representatives the results of the 
National Academy of Sciences’ review of the risk assessment 
as described in subsection (c). 
(b) The revised site-specific biosafety and biosecurity mitigation 
risk assessment required by subsection (a) shall— 
(1) include a quantitative risk assessment for foot-and- 
mouth disease virus, in particular epidemiological and economic 
impact modeling to determine the overall risk of operating 
the facility for its expected 50-year life span, taking into account 
strategies to mitigate risk of foot-and-mouth disease virus 
release from the laboratory and ensure safe operations at the 
approved National Bio- and Agro-defense Facility site; 
(2) address the impact of surveillance, response, and mitiga-
tion plans (developed in consultation with local, State, and 
Federal authorities and appropriate stakeholders) if a release 
occurs, to detect and control the spread of disease; and 
(3) include overall risks of the most dangerous pathogens 
the Department of Homeland Security expects to hold in the 
National Bio- and Agro-defense Facility’s biosafety level 4 
facility, and effectiveness of mitigation strategies to reduce 
those risks.