174 
individual Service Processing Centers or other U.S. Immi-
gration and Customs Enforcement owned detention facili-
ties by directing the Administrator of General Services to 
sell all real and related personal property which support 
Service Processing Centers or other U.S. Immigration and 
Customs Enforcement owned detention facilities, subject to 
such terms and conditions as necessary to protect Govern-
ment interests and meet program requirements: Provided, 
That the proceeds, net of the costs of sale incurred by the 
General Services Administration and U.S. Immigration 
and Customs Enforcement, shall be deposited as offsetting 
collections into a separate account that shall be available, 
subject to appropriation, until expended for other real prop-
erty capital asset needs of existing 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 mainte-
nance of fewer than 33,400 detention beds: Provided further, 
That the Committees on Appropriations of the Senate and 
the House of Representatives shall be notified 15 days prior 
to the announcement of any proposed sale or collocation. 
SEC. 557. For an additional amount for the ‘‘Office 
of the Under Secretary for Management’’, $55,979,000, to 
remain available until expended, for necessary expenses to
175 
plan, acquire, construct, renovate, remediate, equip, fur-
nish, and occupy buildings and facilities for the consolida-
tion of department headquarters at St. Elizabeths and asso-
ciated mission support consolidation: Provided, That the 
Committees on Appropriations 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 detail-
ing the allocation of these funds. 
SEC. 558. Notwithstanding section 44940(c) of title 49, 
United States Code, the limitation on fees imposed under 
subsection (a)(1) of such section 44940 may not exceed 
$4.00 per enplanement in air transportation or intrastate 
air transportation that originates at an airport in the 
United States, except that the total amount of such fees may 
not exceed $8 per one-way trip. 
SEC. 559. None of the funds made available by this 
Act may be used to enforce the requirements in— 
(1) section 34(a)(1)(A) of the Federal Fire Pre-
vention and Control Act of 1974 (15 U.S.C. 
2229(a)(1)(A)); 
(2) section 34(a)(1)(B) of such Act; 
(3) section 34(c)(1) of such Act; 
(4) section 34(c)(2) of such Act; 
(5) section 34(c)(4)(A) of such Act; and 
(6) section 34(a)(1)(E) of such Act.
176 
SEC. 560. For fiscal year 2012 and thereafter, notwith-
standing section 1012(a)(5) of the Oil Pollution Act of 1990 
(33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event 
that a spill of national significance occurs, any payment 
of amounts from the Oil Spill Liability Trust Fund pursu-
ant to section 1012(a)(1) of the Oil Pollution Act of 1990 
(33 U.S.C. 2712(a)(1)) for the removal costs incurred by 
the Coast Guard for such spill, shall be credited directly 
to the accounts of the Coast Guard that bore the expense 
or current at the time: Provided, That such amounts shall 
be merged with and, without further appropriations, made 
available for the same time period and the same purpose 
as the appropriation to which it is credited. 
SEC. 
561. 
(a) 
CIVIL
PENALTIES.—Section 
46301(a)(5)(A)(i) of title 49, United States Code, is amend-
ed— 
(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: 
‘‘(b) CRIMINAL PENALTY.—A person violating sub-
section (a) of this section shall be fined under title 18, im-
prisoned for not more than 10 years, or both.’’.
177 
(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 airport 
in the United States that is required to establish an 
air transportation security program pursuant to sec-
tion 44903(c) shall ensure that signs that meet such 
requirements as the Secretary of Homeland Security 
may prescribe providing notice of the penalties im-
posed under sections 46301(a)(5)(A)(i) and subsection 
(b) of this section, are displayed near all screening lo-
cations, all locations where passengers exit the sterile 
area, and such other locations at the airport as the 
Secretary of Homeland Security determines appro-
priate. 
‘‘(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 dis-
played at an airport as required by paragraph (1).’’. 
SEC. 562. (a) SHORT TITLE.—This section may be 
cited as the ‘‘Disaster Assistance Recoupment Fairness Act 
of 2011’’. 
(b) DEBTS SINCE 2005.—
178 
(1) DEFINITION.—In this section, the term ‘‘cov-
ered assistance’’ means assistance provided— 
(A) under section 408 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5174); and 
(B) in relation to a major disaster declared 
by the President under section 401 of the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5170) during the period 
beginning on August 28, 2005, and ending on 
December 31, 2010. 
(2) WAIVER AUTHORITY.—The Administrator of 
the Federal Emergency Management Agency— 
(A) subject to subparagraph (B), may waive 
a debt owed to the United States related to cov-
ered assistance provided to an individual or 
household if— 
(i) the covered assistance was distrib-
uted based on an error by the Federal 
Emergency Management Agency; 
(ii) there was no fault on behalf of the 
debtor; and 
(iii) the collection of the debt would be 
against equity and good conscience; and
179 
(B) may not waive a debt under subpara-
graph (A) if the debt involves fraud, the presen-
tation of a false claim, or misrepresentation by 
the debtor or any party having an interest in the 
claim. 
(3) REPORTING.—Not later than 3 months after 
the date of enactment of this Act, and every 3 months 
thereafter until the date that is 18 months after the 
date of enactment of this Act, the Inspector General 
of the Department of Homeland Security shall submit 
a report that assesses the cost-effectiveness of the ef-
forts of the Federal Emergency Management Agency 
to recoup improper payments under the Individuals 
and Household Program under section 408 of the 
Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5174) to— 
(A) the Committee on Homeland Security 
and Governmental Affairs and the Subcommittee 
on Homeland Security of the Committee on Ap-
propriations of the Senate; and 
(B) the Committee on Homeland Security, 
the Committee on Transportation and Infra-
structure, and the Subcommittee on Homeland 
Security of the Committee on Appropriations of 
the House of Representatives.
180 
SEC. 563. (a) Notwithstanding section 312 of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act and subject to subsection (b), recipients of Small Busi-
ness Administration Disaster loans for disaster-related 
damage to their homes may be eligible for reimbursement 
at the discretion of the state, under Section 404 of that Act, 
for documented and eligible mitigation work performed on 
their home. 
(b) LIMITATIONS.— 
(1) Any reimbursement provided to or on behalf 
of a homeowner pursuant to subsection (a) shall not 
exceed the amount of the disaster loan that may be 
used and was used for disaster mitigation activities; 
and 
(2) Subsection (a) shall only apply if the dis-
aster loan and assistance provided under section 404 
were made available in response to the same disaster 
declaration. 
(3) Shall be applicable only to disasters declared 
by the President under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170) during the period beginning on 
August 28, 2005 and ending on August 28, 2006.
181 
(c) If a state chooses to use funds under section 404 
to reimburse homeowners as provided in subsection (a), it 
shall make payments in the following order: 
(1) First, to the Small Business Administration 
on behalf of the eligible homeowner for the purpose of 
reducing, but not below zero, the homeowner’s out-
standing debt obligation to the Small Business Ad-
ministration for the disaster loan; and 
(2) Second, any remaining reimbursement shall 
be paid directly to the homeowner. 
SEC. 564. Notwithstanding the requirement under sec-
tion 34(a)(1)(A) of the Federal Fire Prevention and Control 
Act of 1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must 
be used to increase the number of firefighters in fire depart-
ments, the Secretary of Homeland Security, in making 
grants under section 34 of such Act using the funds appro-
priated for fiscal year 2011, shall grant waivers from the 
requirements of subsections (a)(1)(B), (c)(1), (c)(2), and 
(c)(4)(A) of such section: Provided, That section 34(a)(1)(E) 
of such Act shall not apply with respect to funds appro-
priated for fiscal year 2011 for grants under section 34 of 
such Act: Provided further, That the Secretary of Homeland 
Security, in making grants under section 34 of such Act, 
shall ensure that funds appropriated for fiscal year 2011
182 
are made available for the hiring, rehiring, or retention of 
firefighters. 
(INCLUDING RESCISSIONS) 
SEC. 565. (a) For an additional amount for Coast 
Guard ‘‘Acquisition, Construction, and Improvements’’, 
$18,300,000, to remain available until September 30, 2014, 
for aircraft replacement. 
(b) The following amounts are rescinded: 
(1) $7,300,000 from unobligated balances made 
available for Coast Guard ‘‘Acquisition, Construction, 
and Improvements’’ in chapter 5 of title I of division 
B of Public Law 110–329. 
(2) $7,000,000 from unobligated balances made 
available for ‘‘United States Citizenship and Immi-
gration Services’’ in chapter 6 of title I of Public Law 
111–212. 
(3) $4,000,000 from unobligated balances made 
available for Transportation Security Administration 
‘‘Aviation Security’’ in chapter 5 of title III of Public 
Law 110–28. 
(c) The amount made available in subsection (a) is 
designated by Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public 
Law 99–177), as amended.
183 
(RESCISSIONS) 
SEC. 566. Of the funds transferred to the Department 
of Homeland Security when it was created in 2003, the fol-
lowing funds are hereby rescinded from the following ac-
counts and programs in the specified amounts: 
(1) $2,577,000 from Coast Guard, ‘‘Acquisition, 
Construction, and Improvements’’. 
(2) $4,000,000 from U.S. Immigration and Cus-
toms Enforcement, ‘‘Salaries and Expenses’’. 
(3) $407,000 from ‘‘Violent Crime Reduction 
Programs’’. 
(4) $7,101,000 from U.S. Customs and Border 
Protection, ‘‘Salaries and Expenses’’. 
(5) $3,121,348 from Department of Homeland 
Security, ‘‘Office for Domestic Preparedness’’. 
(6) $678,213 from Federal Emergency Manage-
ment Agency, ‘‘National Predisaster Mitigation 
Fund’’. 
(RESCISSION) 
SEC. 567. Of the unobligated, prior year balances 
available for U.S. Immigration and Customs Enforcement, 
‘‘Salaries and Expenses’’, $7,000,000 are rescinded.
184 
(RESCISSION) 
SEC. 568. Of the unobligated, prior year balances 
available for U.S. Immigration and Customs Enforcement, 
‘‘Automation Modernization’’, $10,000,000 are rescinded. 
(RESCISSION) 
SEC. 569. Of the unobligated balances available for De-
partment of Homeland Security, ‘‘Transportation Security 
Administration’’ in ‘‘Aviation Security’’ account 70x0550, 
$48,503,000 are rescinded. 
(RESCISSION) 
SEC. 570. Of the unobligated, prior year balances 
available for Science and Technology, ‘‘Research, Develop-
ment, Acquisition, and Operations’’, $20,000,000 are re-
scinded. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2012’’.
Calendar No. 156 
112TH CONGRESS 
1ST SESSION 
H. R. 2017 
[Report No. 112–74] 
AN ACT 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2012, and for other purposes. 
JUNE 6, 2011 
Received; read twice and referred to the Committee on 
Appropriations 
SEPTEMBER 7, 2011 
Reported with an amendment