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•AMDT. NO. 4805 
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. 529. None of the funds appropriated by this Act 
may be used to conduct, or to implement the results of, 
a competition under Office of Management and Budget 
Circular A–76 for activities performed with respect to the 
Coast Guard National Vessel Documentation Center. 
SEC. 530. None of the funds provided in this Act 
under the heading ‘‘Office of the Chief Information Offi-
cer’’ shall be used for data center development other than 
for Data Center One (National Center for Critical Infor-
mation Processing and Storage) until the Chief Informa-
tion Officer certifies that Data Center One is fully utilized 
as the Department’s primary data storage center at the 
highest capacity throughout the fiscal year. 
SEC. 531. 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, 2010’’ and inserting ‘‘Until September 
30, 2011,’’; and 
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(2) in subsection (d)(1), by striking ‘‘September 
30, 2010,’’ and inserting ‘‘September 30, 2011,’’. 
SEC. 532. 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. 533. The Secretary of Homeland Security shall 
require that all contracts entered into by the Department 
of Homeland Security that provide award fees link such 
fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and perform-
ance). 
SEC. 534. None of the funds made available to the 
‘‘Office of the Secretary and Executive Management’’ 
under this Act may be expended to hire any new employees 
of the Department of Homeland Security who are not 
verified through the E-Verify Program established under 
title IV of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note). 
SEC. 535. 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 
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•AMDT. NO. 4805 
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. 536. None of the funds made available in this 
Act may be used by the Secretary of Homeland Security 
or any delegate of the Secretary to issue any rule or regu-
lation which implements the Notice of Proposed Rule-
making related to Petitions for Aliens To Perform Tem-
porary Nonagricultural Services or Labor (H–2B) set out 
beginning on 70 Fed. Reg. 3984 (January 27, 2005). 
SEC. 537. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall no-
tify the Committees on Appropriations of the Senate and 
the House of Representatives of any proposed transfers 
of funds available under section 9703(g)(4)(B) of title 31, 
Unites States Code (added by Public Law 102–393) from 
the Department of the Treasury Forfeiture Fund to any 
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•AMDT. NO. 4805 
agency within the Department of Homeland Security: Pro-
vided, That none of the funds identified for such a trans-
fer may be obligated until the Committees on Appropria-
tions of the Senate and the House of Representatives ap-
prove the proposed transfers. 
SEC. 538. None of the funds made available in this 
Act may be used for planning, testing, piloting, or devel-
oping a national identification card. 
SEC. 539. 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 title IV of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note), the Assistant Secretary shall 
certify to the Committees on Appropriations of the Senate 
and the House of Representatives that no security risks 
will result from such nonparticipation. 
SEC. 540. (a) Notwithstanding any other provision 
of this Act, except as provided in subsection (b), and by 
the later of 30 days after the date that the President de-
termines whether to declare a major disaster because of 
an event or the date of the completion of any appeal by 
a Governor regarding such determination, the Adminis-
trator shall submit to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, the Com-
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•AMDT. NO. 4805 
mittee on Homeland Security of the House of Representa-
tives, the Committee on Transportation and Infrastruc-
ture of the House of Representatives, the Committees on 
Appropriations of the Senate and the House of Represent-
atives, and publish on the website of the Federal Emer-
gency Management Agency, a report regarding that deci-
sion, summarizing 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. 541. (a) Notwithstanding any other provision 
of law, during fiscal year 2011 or any subsequent fiscal 
year, if the Secretary of Homeland Security determines 
that the National Bio- and Agro-defense Facility is to be 
located at a site other than Plum Island, New York, the 
Secretary shall ensure that the Administrator of General 
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•AMDT. NO. 4805 
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 any expenses incurred by the General Services Ad-
ministration. 
SEC. 542. (a) For an additional amount for Science 
and Technology, ‘‘Research, Development, Acquisition, 
and Operations’’, $40,000,000, to remain available until 
September 30, 2012, for construction of the Central Util-
ity Plant at the approved National Bio- and Agro-defense 
Facility site in Manhattan, Kansas. 
(b) The Department shall provide an update of the 
site-specific biosafety and biosecurity mitigation risk as-
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•AMDT. NO. 4805 
sessment of the National Bio- and Agro-defense Facility 
in Manhattan, Kansas that integrates findings from the 
Department’s risk assessment, as well as findings from the 
National Academy of Sciences’ evaluation of the Depart-
ment’s risk assessment. The update shall: 
(1) include strategies to mitigate the risk of 
foot-and-mouth disease virus release from the lab-
oratory and ensure safe operations at the approved 
National Bio- and Agro-defense Facility site in Man-
hattan, Kansas; 
(2) address the impact of surveillance, response, 
and mitigation plans (developed in consultation with 
local, State, and national authorities and appro-
priate stakeholders) if a release occurs, to detect and 
control the spread of disease; and 
(3) address how the Department will collaborate 
with the United States Department of Agriculture 
and other appropriate Federal departments and 
agencies to identify and complete such additional 
studies as may be necessary in order to secure a fu-
ture permit from the United States Department of 
Agriculture to operate the National Bio- and Agro- 
defense Facility safely and securely. 
(c) The Secretary of Homeland Security shall enter 
into a contract with the National Academy of Sciences to 
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•AMDT. NO. 4805 
evaluate the adequacy and validity of the risk assessment 
required by subsection (b). The National Academy of 
Sciences shall submit a report on such evaluation within 
4 months after the date the Department of Homeland Se-
curity concludes its mitigation risk assessment. 
SEC. 543. Any official who is required by this Act 
to report or certify to the Committees on Appropriations 
of the Senate and the House of Representatives may not 
delegate such authority to perform that act unless specifi-
cally authorized herein. 
SEC. 544. Section 203(m) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133(m)) is amended by striking ‘‘September 30, 2010’’ 
and inserting ‘‘September 30, 2011’’. 
SEC. 545. Section 550(b) of the Department of 
Homeland Security Appropriations Act, 2007 (Public Law 
109–295; 6 U.S.C. 121 note) is amended by striking ‘‘on 
October 4, 2010’’ and inserting ‘‘on October 4, 2011’’. 
SEC. 546. None of the funds made available in this 
Act may be used for first-class travel by the employees 
of agencies funded by this Act in contravention of sections 
301–10.122 through 301.10–124 of title 41, Code of Fed-
eral Regulations. 
SEC. 547. For purposes of section 210C of the Home-
land Security Act of 2002 (6 U.S.C. 124j), for fiscal year 
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•AMDT. NO. 4805 
2011 and hereafter, a rural area shall also include any 
area that is located in a metropolitan statistical area and 
a county, borough, parish, or area under the jurisdiction 
of an Indian tribe with a population of not more than 
50,000. 
SEC. 548. 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 be-
cause that employee elects to utilize protective equipment 
or measures, including surgical masks, N95 respirators, 
gloves, or hand-sanitizers, where use of such equipment 
or measures is in accordance with Department of Home-
land Security policy, and Centers for Disease Control and 
Prevention and Office of Personnel Management guidance. 
SEC. 549. 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. 550. (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-
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•AMDT. NO. 4805 
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, 
entitled ‘‘Recommended Security Controls for Fed-
eral Information Systems and Organizations’’; and 
(3) any supplemental standards established by 
the Assistant Secretary, Transportation Security Ad-
ministration (referred to in this section as the ‘‘As-
sistant 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 the 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-
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•AMDT. NO. 4805 
scription of the procedures used by the company to comply 
with such requirements. 
(d) Not later than 90 days after the date of the enact-
ment of this Act, the Assistant Secretary shall submit to 
the Committees on Appropriations of the Senate and 
House of Representatives a report that includes a descrip-
tion of— 
(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. 551. 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 for per-
formance that does not meet the basic requirements of a 
contract. 
SEC. 552. None of the funds appropriated or other-
wise made available by this Act may be used by the De-
partment of Homeland Security to enter into any Federal 
contract unless such contract is entered into in accordance 
with the requirements of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 253) or chapter 
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•AMDT. NO. 4805 
137 of title 10, United States Code, and the Federal Ac-
quisition Regulation, unless such contract is otherwise au-
thorized by statute to be entered into without regard to 
the above referenced statutes. 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 553. (a) Funds made available by this Act solely 
for data center migration may be transferred by the Sec-
retary between appropriations for the same purpose, not-
withstanding section 503 of this Act. 
(b) No transfer described in (a) shall occur until 15 
days after the Committees on Appropriations of the Sen-
ate and the House of Representatives are notified of such 
transfer. 
SEC. 554. The administrative law judge annuitants 
participating in the Senior Administrative Law Judge 
Program managed by the Director of the Office of Per-
sonnel Management under section 3323 of title 5, United 
States Code, shall be available on a temporary re-employ-
ment basis to conduct arbitrations of disputes as part of 
the arbitration panel established by the President under 
section 601 of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 
164). 
SEC. 555. For an additional amount for the ‘‘Office 
of the Under Secretary for Management’’, $270,800,000 
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•AMDT. NO. 4805 
to remain available until expended for necessary expenses 
to plan, acquire, construct, renovate, remediate, equip, 
furnish, and occupy buildings and facilities to consolidate 
the Department of Homeland Security headquarters at St. 
Elizabeths, and for associated mission support lease con-
solidation: Provided, That the Committees on Appropria-
tions of the Senate and House of Representatives shall 
receive an expenditure plan no later than 60 days after 
the date of enactment of this Act detailing the allocation 
of these funds. 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 556. For an additional amount for the ‘‘Office 
of the Under Secretary for Management’’, $10,000,000, 
to increase the acquisition workforce capacity and capa-
bilities of the Department of Homeland Security: Pro-
vided, That such funds may be transferred by the Under 
Secretary for Management to any other account in the De-
partment to carry out the purposes provided herein: Pro-
vided further, That such transfer authority is in addition 
to any other transfer authority provided in this Act, but 
no transfer shall occur until 15 days after the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives are notified of such transfer: Provided further, 
That any such notification shall include an expenditure 
plan that outlines the amount of funds to be obligated, 
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•AMDT. NO. 4805 
the number of personnel to be hired and the details of 
any other intended uses of these funds: Provided further, 
That such funds shall be available only to supplement and 
not to supplant existing acquisition workforce activities: 
Provided further, That such funds shall be available for 
training, recruitment, retention, and hiring additional 
members of the acquisition workforce as defined by the 
Office of Federal Procurement Policy Act (41 U.S.C. 401 
et seq.): Provided further, That such funds shall be avail-
able for information technology in support of acquisition 
workforce effectiveness or for management solutions to 
improve acquisition management. 
SEC. 557. Section 559(e) of the Department of 
Homeland Security Appropriations Act, 2010 (Public Law 
111–83) is amended— 
(1) in the matter preceding the first proviso, by 
striking ‘‘law, sell’’ and inserting ‘‘law, hereafter 
sell’’; and 
(2) in the first proviso–— 
(A) by striking ‘‘shall be deposited’’ and 
inserting ‘‘shall hereafter be deposited’’; and 
(B) by striking ‘‘subject to appropriation,’’ 
and inserting ‘‘without further appropriations,’’. 
SEC. 558. (a) Not later than 180 days after the date 
of enactment of this Act, the Assistant Secretary of Home-
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•AMDT. NO. 4805 
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— 
(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 
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•AMDT. NO. 4805 
thereafter until the Assistant Secretary certifies that the 
Transportation Security Administration has achieved 
screening of 100 percent of such air cargo. 
SEC. 559. 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 any processes developed take into consid-
eration such passengers’ and crews’ privacy and civil lib-
erties consistent with applicable laws, regulations, and 
guidance. 
SEC. 560. Notwithstanding any other provision of 
law, should the Secretary of Homeland Security determine 
that specific U.S. Immigration and Customs Enforcement 
Service Processing Centers or other U.S. Immigration and 
Customs Enforcement owned detention facilities no longer 
meet the mission need, the Secretary is authorized to dis-
pose of individual Service Processing Centers or other 
U.S. Immigration and Customs Enforcement owned de-
tention facilities by directing the Administrator of General 
Services to sell all real and related personal property which 
support Service Processing Centers or other U.S. Immi-
gration and Customs Enforcement owned detention facili-
ties, subject to such terms and conditions as necessary to 
protect Government interests and meet program require-
ments: Provided, That the proceeds, net of the costs of 
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•AMDT. NO. 4805 
sale incurred by the General Services Administration and 
U.S. Immigration and Customs Enforcement, shall be de-
posited as offsetting collections into a separate account 
that shall be available, subject to appropriation, until ex-
pended for other real property capital asset needs of exist-
ing U.S. Immigration and Customs Enforcement assets, 
excluding daily operations and maintenance costs, as the 
Secretary deems appropriate: Provided further, That any 
sale or collocation of federally owned detention facilities 
shall not result in the maintenance of fewer than 33,400 
detention beds: Provided further, That the Committees on 
Appropriations of the Senate and the House of Represent-
atives shall be notified 15 days prior to the announcement 
of any proposed sale or collocation. 
SEC. 
561. 
(a) 
CIVIL
PENALTIES.—Section 
46301(a)(5)(A)(i) of title 49, United States Code, is 
amended— 
(1) by striking ‘‘or chapter 449’’ and inserting 
‘‘chapter 449’’; and 
(2) by inserting ‘‘, or section 46314(a)’’ after 
‘‘44909)’’. 
(b) CRIMINAL PENALTIES.—Section 46314(b) of title 
49, United States Code, is amended to read as follows: 
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•AMDT. NO. 4805 
‘‘(b) CRIMINAL PENALTY.—A person violating sub-
section (a) of this section shall be fined under title 18, 
imprisoned for not more than 10 years, or both.’’. 
(c) NOTICE OF PENALTIES.—Section 46314 of title 
49, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(c) NOTICE OF PENALTIES.— 
‘‘(1) IN GENERAL.—Each operator of an air-
port in the United States that is required to estab-
lish an air transportation security program pursuant 
to section 44903(c) shall ensure that signs that meet 
such requirements as the Secretary of Homeland Se-
curity may prescribe providing notice of the pen-
alties imposed under sections 46301(a)(5)(A)(i) and 
subsection (b) of this section, are displayed near all 
screening locations, all locations where passengers 
exit the sterile area, and such other locations at the 
airport as the Secretary of Homeland Security deter-
mines appropriate. 
‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An in-
dividual shall be subject to the penalty provided for 
under section 46301(a)(5)(A)(i) and subsection (b) 
of this section without regard to whether signs are 
displayed at an airport as required by paragraph 
(1).’’. 
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•AMDT. NO. 4805 
SEC. 562. Section 301(b) of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11331(b)) is amend-
ed— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) United Way Worldwide.’’; and 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) The Jewish Federations of North America, 
Inc.’’. 
SEC. 563. Lot 1 of the Morning Heights Subdivision, 
Lot 2 and PT ST of the Morning Heights Subdivision, 
Lot 1 and PT ST of the Bayless Addition, and Lot 24 
of the Bayless Addition in Findlay, Ohio, shall be available 
for construction and operation of portions of a flood con-
trol levee if a feasibility study completed by the Chief of 
Engineers, of the civil works program, of the United 
States Army Corps of Engineers indicates that such con-
struction is the most appropriate and cost-effective flood 
risk management project for the area: Provided, That 
those portions of the properties identified by the Chief of 
Engineers for construction and operation of portions of 
the flood control levee pursuant to the preceding proviso 
shall be excepted from section 404(b)(2)(B) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance 
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•AMDT. NO. 4805 
Act, and those portions of the named properties that are 
not used to construct and operate portions of said flood 
control levee shall remain deeded as open space in per-
petuity, in accordance with section 404(b)(2)(B). 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 564. 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 appro-
priations available to the Department of Homeland Secu-
rity: Provided, That the Secretary shall notify the Commit-
tees on Appropriations of the Senate and the House of 
Representatives 5 days in advance of such transfer. 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 565. (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 year 
2009 or thereafter, for use by the Secretary of the Interior 
under laws administered by such Secretary to mitigate ad-
verse environmental impacts, including impact on species 
listed under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) resulting from construction, oper-
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•AMDT. NO. 4805 
ation, and maintenance activities related to border secu-
rity. 
(b) Uses of funds authorized by this section include 
acquisition of land or interests in land that will, in the 
judgment of the Secretary of the Interior, mitigate or off-
set such adverse impacts. 
(c) Any funds transferred under this section shall be 
used in accordance with an agreement between the Secre-
taries. 
(d) Not later than September 30, 2011, and on an 
annual basis thereafter, 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 a report that 
describes in detail the actions taken in the preceding year 
with amounts transferred under this section. 
SEC. 566. (a) Subject to subsection (b), for fiscal year 
2011, the Coast Guard may enter into Economy Act 
Agreements (31 U.S.C. 1535) with the Secretary of the 
Navy for the disposal of Coast Guard vessels pursuant to 
the authority, terms and conditions set forth in 10 U.S.C. 
7305 and 7305a. 
(b) Any agreement entered into under subsection (a) 
shall be at no additional cost to the United States Navy. 
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•AMDT. NO. 4805 
SEC. 567. For fiscal year 2011 and hereafter, U.S. 
Customs and Border Protection’s Advanced Training Cen-
ter is authorized to charge fees for any service and/or 
thing of value it provides to Federal Government or non- 
government entities or individuals, so long as the fees 
charged do not exceed the full costs associated with the 
service or thing of value provided: Provided, That notwith-
standing 31 U.S.C. 3302(b), fees collected by the Ad-
vanced Training Center are to be deposited into a separate 
account entitled the ‘‘Advanced Training Center Revolving 
Fund’’, and be available, without further appropriations, 
for necessary expenses of the Advanced Training Center 
program, and are to remain available until expended. 
SEC. 568. Notwithstanding any other provision of 
law, including any agreement, the Federal share of assist-
ance, including direct Federal assistance provided under 
sections 403, 406, and 407 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5140b, 5172, and 5173), for damages resulting from 
FEMA–1867–DR, FEMA–1873–DR, FEMA–1889–DR, 
and FEMA–1897–DR shall not be less than 90 percent 
of the eligible costs under such sections. 
SEC. 569. The Administrator of the Federal Emer-
gency Management Agency shall consider as non-discre-
tionary the decision to award grants for the construction 
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•AMDT. NO. 4805 
and equipping of any interoperable communications sys-
tem for which construction was initiated before June 1, 
2009, for which grant applications were made under sec-
tion 573 of division E of the Consolidated Appropriations 
Act, 2008 (Public Law 110–161), section 10501 of divi-
sion B of the Consolidated Security, Disaster Assistance, 
and Continuing Appropriations Act, 2009 (Public Law 
110–329), or section 603 of the Supplemental Appropria-
tions Act, 2009 (Public Law 111–32). 
RESCISSIONS 
SEC. 570. The following unobligated balances made 
available pursuant to section 505 of Public Law 111–83 
are rescinded: $886,665 from the ‘‘Office of the Secretary 
and Executive Management’’; $603,638 from the ‘‘Office 
of the Under Secretary for Management’’; $24,379 from 
the ‘‘Office of the Chief Financial Officer’’; $29,736 from 
the ‘‘Office of the Chief Information Officer’’; $183,762 
from ‘‘Analysis and Operations’’; $76,498 from the ‘‘Of-
fice of the Federal Coordinator for Gulf Coast Rebuild-
ing’’; $152,735 from the ‘‘Office of Inspector General’’; 
$7,610,588 from U.S. Customs and Border Protection 
‘‘Salaries and Expenses’’; $3,443,644 from U.S. Immigra-
tion and Customs Enforcement ‘‘Salaries and Expenses’’; 
$4,542,980 from the Transportation Security Administra-
tion ‘‘Federal Air Marshals’’; $246,435 from Coast Guard 
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•AMDT. NO. 4805 
‘‘Operating Expenses’’; $2,965,312 from Coast Guard 
‘‘Reserve Training’’; $83,784 from National Protection 
and Programs Directorate ‘‘Management and Administra-
tion’’; $551,737 from National Protection and Programs 
Directorate ‘‘Infrastructure Protection and Information 
Security’’; $700,167 from United States Secret Service 
‘‘Salaries and Expenses’’; $863,628 from Federal Emer-
gency Management Agency ‘‘Management and Adminis-
tration’’; $837,953 from ‘‘Office of Health Affairs’’; 
$32,945,983 from ‘‘United States Citizenship and Immi-
gration Services’’; $927,823 from Federal Law Enforce-
ment Training Center ‘‘Salaries and Expenses’’; $346,637 
from Science and Technology ‘‘Management and Adminis-
tration’’; and $42,257 from Domestic Nuclear Detection 
Office ‘‘Management and Administration’’. 
SEC. 571. Of the unobligated balances available in 
the Department of the Treasury Forfeiture Fund estab-
lished by section 9703 of title 31, United States Code, that 
was added to such title by section 638 of Public Law 102– 
393, $22,600,000 are rescinded. 
SEC. 572. From the unobligated balances for ‘‘Oper-
ations’’ of funds transferred to the Department of Home-
land Security when it was created in 2003, $1,891,657 
are rescinded. 
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•AMDT. NO. 4805 
SEC. 573. From the unobligated balances of prior 
year appropriations made available for U.S. Customs and 
Border 
Protection 
‘‘Automation 
Modernization’’, 
$10,000,000 are rescinded. 
SEC. 574. From the unobligated balances of prior 
year appropriations made available for U.S. Customs and 
Border Protection ‘‘Border Security Fencing, Infrastruc-
ture, and Technology’’, $68,000,000 are rescinded. 
SEC. 575. Of the unobligated balances available for 
U.S. Customs and Border Protection ‘‘Construction’’ for 
construction projects in prior year appropriations, 
$99,772,000 are rescinded: Provided, That amounts re-
scinded shall be limited to Border Patrol projects and fa-
cilities: Provided further, That no amounts may be re-
scinded from amounts that were designated by Congress 
as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
SEC. 576. From the unobligated balances of funds 
for the ‘‘Violent Crime Reduction Program’’ transferred 
to the Department of Homeland Security when it was es-
tablished in 2003, $4,912,245 are rescinded. 
SEC. 577. From the unobligated balances of prior 
year appropriations made available for U.S. Customs and 
Border Protection, ‘‘Salaries and Expenses’’ transferred 
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•AMDT. NO. 4805 
to the Department of Homeland Security when it was es-
tablished in 2003, $18,122,393 are rescinded. 
SEC. 578. From the unobligated balances of prior 
year appropriations made available for Transportation Se-
curity Administration, $15,000,000 are rescinded: Pro-
vided, That the Transportation Security Administration 
shall not rescind any unobligated balances from the fol-
lowing programs: explosives detection systems; checkpoint 
support; aviation regulation and other enforcement; and 
air cargo. 
SEC. 579. From the unobligated balances of prior 
year appropriations made available for National Protec-
tion and Programs Directorate ‘‘Infrastructure Protection 
and Information Security’’ the following amounts are re-
scinded— 
(1) $6,000,000 from Next Generation Net-
works; and 
(2) $9,600,000 to be specified in a report to the 
Committees on Appropriations of the Senate and the 
House of Representatives which describes the 
amounts rescinded and the original purpose of such 
funds no later than 15 days after the date of enact-
ment of this Act. 
SEC. 580. From the unobligated balances of prior 
year appropriations made available for the Federal Emer-
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•AMDT. NO. 4805 
gency Management Agency ‘‘National Pre-Disaster Miti-
gation Fund’’, $18,173,641 are rescinded. 
SEC. 581. From the unobligated balances of funds 
for the ‘‘Office for Domestic Preparedness’’ transferred to 
the Department of Homeland Security when it was estab-
lished in 2003, $10,568,964 are rescinded. 
SEC. 582. From the unobligated balances of prior 
year appropriations made available for United States Vis-
itor and Immigrant Status Indicator Technology, 
$28,000,000 are rescinded: Provided, That none of these 
rescissions may be taken from the $50,000,000 in unobli-
gated balances of prior-year appropriations made available 
for a biometric air exit capability. 
SEC. 583. From unobligated balances of prior year 
appropriations made available for United States Citizen-
ship and Immigration Services for the program commonly 
known as the ‘‘REAL ID hub’’, $18,500,000 are re-
scinded. 
SEC. 584. From the unobligated balances of prior 
year appropriations made available for Science and Tech-
nology ‘‘Research, Development, Acquisition, and Oper-
ations’’, $62,900,000 are rescinded: Provided, That this 
rescission shall not apply to funds made available for Lab-
oratory Facilities in Public Law 111–83. 
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•AMDT. NO. 4805 
This division may be cited as the ‘‘Department of 
Homeland Security Appropriations Act, 2011’’. 
DIVISION G—DEPARTMENT OF THE INTE-
RIOR, ENVIRONMENT, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2011 
TITLE I 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For necessary expenses for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in 
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general 
administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96–487 
(16 U.S.C. 3150(a)), $954,633,000, to remain available 
until expended; of which $4,000,000 shall be available in 
fiscal year 2011 subject to a match by at least an equal 
amount by the National Fish and Wildlife Foundation for 
cost-shared projects supporting conservation of Bureau 
lands; and such funds shall be advanced to the Foundation 
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•AMDT. NO. 4805 
as a lump sum grant without regard to when expenses are 
incurred. 
In addition, $45,500,000 is for the processing of ap-
plications for permit to drill and related use authoriza-
tions, to remain available until expended, to be reduced 
by amounts collected by the Bureau and credited to this 
appropriation that shall be derived from $6,500 per new 
application for permit to drill that the Bureau shall collect 
upon submission of each new application, and in addition, 
$20,000,000 is for conducting oil and gas inspection ac-
tivities, to remain available until expended, to be reduced 
by amounts collected by the Bureau and credited to this 
appropriation that shall be derived from fees that the Bu-
reau shall collect to offset inspection costs, as provided 
for in this Act, and in addition, $36,696,000 is for Mining 
Law Administration program operations, including the 
cost of administering the mining claim fee program; to re-
main available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation 
from mining claim maintenance fees and location fees that 
are hereby authorized for fiscal year 2011 so as to result 
in a final appropriation estimated at not more than 
$954,633,000, and $2,000,000, to remain available until 
expended, from communication site rental fees established 
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•AMDT. NO. 4805 
by the Bureau for the cost of administering communica-
tion site activities. 
CONSTRUCTION 
For construction of buildings, recreation facilities, 
roads, trails, and appurtenant facilities, $4,066,000, to re-
main available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or 
interests therein, $36,550,000, to be derived from the 
Land and Water Conservation Fund and to remain avail-
able until expended. 
OREGON AND CALIFORNIA GRANT LANDS 
For expenses necessary for management, protection, 
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and 
other improvements on the revested Oregon and California 
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and 
on adjacent rights-of-way; and acquisition of lands or in-
terests therein, including existing connecting roads on or 
adjacent to such grant lands; $111,759,000, to remain 
available until expended: Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year 
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•AMDT. NO. 4805 
from the revested Oregon and California Railroad grant 
lands is hereby made a charge against the Oregon and 
California land-grant fund and shall be transferred to the 
General Fund in the Treasury in accordance with the sec-
ond paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876). 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of 
lands and interests therein, and improvement of Federal 
rangelands pursuant to section 401 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701), 
notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 
315 et seq.) and the amount designated for range improve-
ments from grazing fees and mineral leasing receipts from 
Bankhead-Jones lands transferred to the Department of 
the Interior pursuant to law, but not less than 
$10,000,000, to remain available until expended: Pro-
vided, That not to exceed $600,000 shall be available for 
administrative expenses. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related 
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources, 
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•AMDT. NO. 4805 
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations, 
and for rehabilitation of damaged property, such amounts 
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That, notwithstanding any provision to 
the contrary of section 305(a) of Public Law 94–579 (43 
U.S.C. 1735(a)), any moneys that have been or will be 
received pursuant to that section, whether as a result of 
forfeiture, compromise, or settlement, if not appropriate 
for refund pursuant to section 305(c) of that Act (43 
U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which 
have been damaged by the action of a resource developer, 
purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to 
the action: Provided further, That any such moneys that 
are in excess of amounts needed to repair damage to the 
exact land for which funds were collected may be used to 
repair other damaged public lands. 
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