That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30, 2012, and for
other purposes, namely:
<enum>I</enum><header></header>
<appropriations-major id="H5028B7E5AB994149966B86B4DBD6C651"><header>DEPARTMENTAL MANAGEMENT AND
OPERATIONS</header>
</appropriations-major><appropriations-intermediate id="H302FCEFA63EE4609A3FF01679E5B0F5A"><header>Office of the Secretary and
Executive Management</header>
</appropriations-intermediate><appropriations-small id="H393C9D7446DA44E2B0A1E96E5D055893"><text display-inline="no-display-inline">For necessary expenses of the Office of the
Secretary of Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/112">6 U.S.C. 112</external-xref>), and executive
management of the Department of Homeland Security, as authorized by law,
$126,700,000 (reduced by $63,350,000) (reduced by $1,000,000):
<italic>Provided</italic>, That not to exceed $60,000 shall be for official
reception and representation expenses, of which $20,000 shall be made available
to the Office of Policy for Visa Waiver Program negotiations in Washington, DC,
and for other international activities: <italic>Provided further</italic>, That
consistent with the requirements specified within Presidential Policy
Directive-8, dated March 30, 2011, the Secretary shall submit to the Committees
on Appropriations of the Senate and the House of Representatives not later than
October 15, 2011, the National Preparedness Goal and not later than January 15,
2012, the National Preparedness System: <italic>Provided further</italic>, That
of the amount made available under this heading, $63,350,000 may not be
obligated until the Committees on Appropriations of the Senate and the House of
Representatives receive: (1) the National Preparedness Goal and the National
Preparedness System consistent with Presidential Policy Directive-8; and (2)
the Secretary’s determination on implementation of biometric air
exit.</text>
</appropriations-small><appropriations-intermediate id="H2B3979B36FE84ECE8807871CC497BA87"><header>Office of the Under Secretary
for Management</header><text display-inline="no-display-inline">For necessary
expenses of the Office of the Under Secretary for Management, as authorized by
sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341
through 345), $234,940,000 (reduced by $600,000) (reduced by $117,470,000)
(reduced by $10,000,000), of which not to exceed $3,000 shall be for official
reception and representation expenses: <italic>Provided</italic>, That of the
total amount made available under this heading, $5,000,000 shall remain
available until September 30, 2016, solely for the alteration and improvement
of facilities, tenant improvements, and relocation costs to consolidate
Department headquarters operations at the Nebraska Avenue Complex; and
$16,686,000 shall remain available until September 30, 2014, for the Human
Resources Information Technology program.</text>
</appropriations-intermediate><appropriations-intermediate id="H8445E03AAAE542A1B010F594A9982CB7"><header>Office of the Chief Financial
Officer</header><text display-inline="no-display-inline">For necessary expenses
of the Office of the Chief Financial Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/113">6 U.S.C. 113</external-xref>),
$50,860,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HC323174CA699475E93C628466A91176E"><header>Office of the Chief Information
Officer</header><text display-inline="no-display-inline">For necessary expenses
of the Office of the Chief Information Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/113">6 U.S.C. 113</external-xref>), and
Department-wide technology investments, $261,300,000 (reduced by $139,180,000),
of which $105,500,000 (reduced by $55,672,000) shall be available for salaries
and expenses; and of which $155,800,000 (reduced by $83,508,000), to remain
available until September 30, 2014, shall be available for development and
acquisition of information technology equipment, software, services, and
related activities for the Department of Homeland Security:
<italic>Provided</italic>, That the Chief Information Officer shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives, not later than 60 days after the date of enactment of this
Act, an expenditure plan for all information technology acquisition projects
that are funded under this heading or are funded by multiple components of the
Department of Homeland Security through reimbursable agreements:
<italic>Provided further</italic>, That such expenditure plan shall include,
for each project funded, the name of the project, its key milestones, all
funding sources, detailed annual and lifecycle costs, and projected cost
savings or cost avoidance to be achieved: <italic>Provided further</italic>,
That the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for all information technology acquisition
projects that includes—</text>
<paragraph id="HCE774A9F9AF44DBBB691AA9373506AEA"><enum>(1)</enum><text>the proposed
appropriations included for each project and activity tied to mission
requirements, program management capabilities, performance levels, and specific
capabilities and services to be delivered;</text>
</paragraph><paragraph id="HF6B2BB23824846D19A68A33FE8152FB2"><enum>(2)</enum><text>the total
estimated cost and projected timeline of completion for all multi-year
enhancements, modernizations, and new capabilities that are proposed in such
budget or underway;</text>
</paragraph><paragraph id="H939DE27E228D4D0996DDFCDC17AECF17"><enum>(3)</enum><text>a
detailed accounting of operations and maintenance and contractor services
costs; and</text>
</paragraph><paragraph id="H232F732AD4C7488BA2864749B0975779"><enum>(4)</enum><text>a
current acquisition program baseline for each project, that—</text>
<subparagraph id="H55A0DA2E877F496B97525F134EEE8114"><enum>(A)</enum><text>notes and explains
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline;</text>
</subparagraph><subparagraph id="H8298DC9256C74CF5BA265712061A9EEC"><enum>(B)</enum><text>aligns the
acquisition programs covered by the baseline to mission requirements by
defining existing capabilities, identifying known capability gaps between such
existing capabilities and stated mission requirements, and explaining how each
increment will address such known capability gaps; and</text>
</subparagraph><subparagraph id="H2B8E5E6A5EBA470B88C6673815F2E5BF"><enum>(C)</enum><text>defines life-cycle
costs for such programs.</text>
</subparagraph></paragraph></appropriations-intermediate><appropriations-intermediate id="HA46A42C9456C45EFA0907C2A195CF864"><header>Analysis and
Operations</header><text display-inline="no-display-inline">For necessary
expenses for intelligence analysis and operations coordination activities, as
authorized by title II of the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/121">6 U.S.C. 121 et
seq.</external-xref>), $344,368,000, of which not to exceed $5,000 shall be for
official reception and representation expenses; and of which $58,757,000 shall
remain available until September 30, 2013.</text>
</appropriations-intermediate><appropriations-intermediate id="H54E2423E4695477B8CB704B3E3024148"><header>Office of Inspector
General</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Inspector General in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $124,000,000, of which not to
exceed $300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of the
Inspector General.</text>
</appropriations-intermediate><enum>II</enum><header></header>
<appropriations-major id="H2295FCFDC88C47BAAD1A36D51967642A"><header>SECURITY, ENFORCEMENT, AND
INVESTIGATIONS</header>
</appropriations-major><appropriations-intermediate id="H78EBD3B36511467EABECEED2CC223E20"><header>U.S. Customs and Border
Protection</header>
</appropriations-intermediate><appropriations-small id="H91201D0F8DC94019961F59A7B07B6424"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for enforcement of laws relating to border security, immigration,
customs, agricultural inspections and regulatory activities related to plant
and animal imports, and transportation of unaccompanied minor aliens; purchase
and lease of up to 8,000 (7,000 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad; $8,769,518,000
(reduced by $1,000,000) (increased by $1,000,000), of which $3,274,000 shall be
derived from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/26/9505">section
9505(c)(3)</external-xref> of the Internal Revenue Code of 1986 (<external-xref legal-doc="usc" parsable-cite="usc/26/9505">26 U.S.C.
9505(c)(3)</external-xref>) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/551">6 U.S.C. 551(e)(1)</external-xref>); of which not to
exceed $45,000 shall be for official reception and representation expenses; of
which not less than $287,901,000 shall be for Air and Marine Operations; of
which such sums as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (<external-xref legal-doc="usc" parsable-cite="usc/19/58c">19 U.S.C. 58c(f)(3)</external-xref>), shall be
derived from that account; of which not to exceed $150,000 shall be available
for payment for rental space in connection with preclearance operations; and of
which not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the Secretary
of Homeland Security: <italic>Provided</italic>, That for fiscal year 2012, the
overtime limitation prescribed in section 5(c)(1) of the Act of February 13,
1911 (<external-xref legal-doc="usc" parsable-cite="usc/19/267">19 U.S.C.
267(c)(1)</external-xref>) shall be $35,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act may be available
to compensate any employee of U.S. Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such limitation, except in
individual cases determined by the Secretary of Homeland Security, or the
designee of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
<italic>Provided further</italic>, That the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President’s budget is submitted each year
under <external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for Inspection and Detection Technology that
identifies for each technology—</text>
<paragraph id="H99CF3CA629274768984B988785FCDFF3"><enum>(1)</enum><text>the inventory of
Inspection and Detection Technology by location and date of deployment;</text>
</paragraph><paragraph id="H4EEAD456A3284F4B87DC2AA6E6075D1B"><enum>(2)</enum><text>the proposed
appropriations included in the budget subdivided by the proposed appropriations
for procurement, including quantity, deployment, and operations and
maintenance;</text>
</paragraph><paragraph id="HCB7005C38B314F66A5FD35B4AD0C7AA0"><enum>(3)</enum><text>projected funding
levels for procurement in quantity, deployment, and operations and maintenance
for each of the next three fiscal years; and</text>
</paragraph><paragraph id="HC968A73745E8498C88E7A2751FCA5762"><enum>(4)</enum><text>a
current acquisition program baseline that—</text>
<subparagraph id="HE58605396FEF4CD78B9B7AC972FE9CBA"><enum>(A)</enum><text>aligns the
acquisition of each technology to mission requirements by defining existing
capabilities of comparable legacy technology assets, identifying known
capability gaps between such existing capabilities and stated mission
requirements, and explaining how the acquisition of each technology will
address such known capability gaps;</text>
</subparagraph><subparagraph id="HEECC1C6F8C7E439F907E0299CCA3F42E"><enum>(B)</enum><text>defines life-cycle
costs for each technology, including all associated costs of major acquisitions
systems infrastructure and transition to operations, delineated by purpose and
fiscal year for the projected service life of the technology; and</text>
</subparagraph><subparagraph id="H57CA5AC793DF4728BF9FF7BD880C5FE9"><enum>(C)</enum><text display-inline="yes-display-inline">includes a phase-out and decommissioning
schedule delineated by fiscal year for existing legacy technology assets that
each technology is intended to replace or recapitalize.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="HE39B0345F5314B86A3A93DDF8D87F578"><header>Automation
modernization</header><text display-inline="no-display-inline">For expenses for
U.S. Customs and Border Protection automated systems, $334,275,000, to remain
available until September 30, 2014, of which not less than $140,000,000 shall
be for the development of the Automated Commercial Environment:
<italic>Provided</italic>, That the Commissioner of U.S. Customs and Border
Protection shall submit to the Committees on Appropriations of the Senate and
the House of Representatives, not later than 60 days after the date of
enactment of this Act, an expenditure plan for the Automated Commercial
Environment program including results to date, plans for the program, and a
list of projects with associated funding from prior appropriations and provided
by this Act: <italic>Provided further</italic>, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, at the time that the President’s budget is submitted
each year under <external-xref legal-doc="usc" parsable-cite="usc/31/1105">section 1105(a)</external-xref> of title 31, United
States Code, a multi-year investment and management plan for the funds made
available under this heading that includes—</text>
<paragraph id="HD1488F072C514AF5BD05C05DADBC4EFB"><enum>(1)</enum><text>the proposed
appropriations included for each project and activity tied to mission
requirements, program management capabilities, performance levels, and specific
capabilities and services to be delivered;</text>
</paragraph><paragraph id="HB3BECEB8672C4186A7CB087EC063063E"><enum>(2)</enum><text>the total
estimated cost and projected timeline of completion for all multi-year
enhancements, modernizations, and new capabilities proposed in such budget or
underway;</text>
</paragraph><paragraph id="H04CDE29E5AD04368B79EF092C0D82EB0"><enum>(3)</enum><text>a
detailed accounting of operations and maintenance and contractor services
costs; and</text>
</paragraph><paragraph id="HA97324688A8441A8BD108D2839D3D5B0"><enum>(4)</enum><text>current
acquisition program baselines for the Automated Commercial Environment and TECS
Modernization respectively, that—</text>
<subparagraph id="H5BC4F4F0673342B5911B286B1505470A"><enum>(A)</enum><text>note and explain
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline;</text>
</subparagraph><subparagraph id="HD1916ACD8D254B9EB35BF1D054C65A95"><enum>(B)</enum><text>align these
acquisition programs to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how each increment will address such known
capability gaps; and</text>
</subparagraph><subparagraph id="H55DEA6FCE3874A1DA3001245D23169F1"><enum>(C)</enum><text>define life-cycle
costs for these programs.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="HAEF72D18CDFA4C52A93D4EFD6AF474CA"><header>Border
security fencing, infrastructure, and technology</header><text display-inline="no-display-inline">For expenses for border security fencing,
infrastructure, and technology, $500,000,000 (increased by $10,000,000), to
remain available until September 30, 2014: <italic>Provided</italic>, That of
the total amount made available under this heading, $150,000,000 shall not be
obligated until the Committees on Appropriations of the Senate and the House of
Representatives receive a detailed expenditure plan prepared by the Secretary
of Homeland Security, and submitted not later than 90 days after the date of
enactment of this Act, for a program to establish and maintain a security
barrier along the borders of the United States, of fencing and vehicle barriers
where practicable, and of other forms of fencing, tactical infrastructure, and
technology: <italic>Provided further</italic>, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, at the time that the President’s budget is submitted
each year under <external-xref legal-doc="usc" parsable-cite="usc/31/1105">section 1105(a)</external-xref> of title 31, United
States Code, a multi-year investment and management plan for the Border
Security Fencing, Infrastructure, and Technology account, that includes for
each tactical infrastructure and technology
deployment—</text>
<paragraph id="H115A18D2892E4D8B91829FE787F2DA8A"><enum>(1)</enum><text>the funding level
in that budget and projected funding levels for each of the next three fiscal
years, including a description of the purpose of such funding levels;</text>
</paragraph><paragraph id="HF0C7E56074594C13BF1349205B2AD858"><enum>(2)</enum><text>the deployment
plan, by border segment, that aligns each deployment to mission requirements by
defining existing capabilities, identifying known capability gaps between such
existing capabilities and stated mission requirements related to achieving
operational control, and explaining how each tactical infrastructure or
technology deployment will address such known capability gaps; and</text>
</paragraph><paragraph id="H95F8E43FA87B4BE5B2AE94E070EEC703"><enum>(3)</enum><text>a
current acquisition program baseline that—</text>
<subparagraph id="H7FCA827EE16B4A0BB574951F3B84551C"><enum>(A)</enum><text>notes and explains
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the most recent acquisition program baseline approved by the
Department of Homeland Security Acquisition Review Board;</text>
</subparagraph><subparagraph id="H466EEA6ABCC34C11B16C7D584597AB3D"><enum>(B)</enum><text>includes a
phase-out and life-cycle recapitalization schedule delineated by fiscal year
for existing and new tactical infrastructure and technology deployments that
each deployment is intended to replace or recapitalize; and</text>
</subparagraph><subparagraph id="HF10266124A18498592AF47CF287B98D0"><enum>(C)</enum><text>includes
qualitative performance metrics that assess the effectiveness of new and
existing tactical infrastructure and technology deployments and inform the next
multi-year investment and management plan related to achieving operational
control of the Northern and Southwest borders of the United States.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="HDB9CE0E4DA824BA48BEF55713E47AD6B"><header>Air and
marine interdiction, operations, maintenance, and procurement</header><text display-inline="no-display-inline">For necessary expenses for the operations,
maintenance, and procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine program, including
operational training and mission-related travel, the operations of which
include the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the enforcement
or administration of laws enforced by the Department of Homeland Security; and
at the discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts, $499,966,000, to remain available until
September 30, 2014: <italic>Provided</italic>, That no aircraft or other
related equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2012 without the prior
approval of the Committees on Appropriations of the Senate and the House of
Representatives: <italic>Provided further</italic>, That the Secretary of
Homeland Security shall report to the Committees on Appropriations of the
Senate and the House of Representatives, not later than 90 days after the date
of enactment of this Act, on the update to the five-year strategic plan for the
air and marine program directed in conference report 109–241 accompanying
<external-xref legal-doc="public-law" parsable-cite="pl/109/90">Public Law 109–90</external-xref> that addresses missions, structure, operations,
equipment, facilities, and resources including deployment and command and
control requirements, and includes a recapitalization plan with milestones and
funding, and a detailed staffing plan with associated costs to achieve full
staffing to meet all mission requirements.</text>
</appropriations-small><appropriations-small id="HEE49F02EFF7C4BE1820DCF18C14E542B"><header>Construction and facilities
management</header><text display-inline="no-display-inline">For necessary
expenses to plan, acquire, construct, renovate, equip, furnish, operate,
manage, oversee, administer, and maintain buildings and facilities and to
provide facilities solutions and related infrastructure along with program
management support necessary for the administration and enforcement of the laws
relating to customs, immigration, and border security, $234,096,000, to remain
available until September 30, 2016: <italic>Provided</italic>, That the
Commissioner of U.S. Customs and Border Protection shall submit an expenditure
plan to the Committees on Appropriations of the Senate and the House of
Representatives not later than 60 days after the date of enactment of this Act
for the projects funded under this heading: <italic>Provided further</italic>,
That the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, an inventory of the
real property of the U.S. Customs and Border Protection and a plan for each
activity and project proposed for funding under this heading that includes the
full cost by fiscal year of each activity and project proposed and underway in
fiscal year 2013.</text>
</appropriations-small><appropriations-intermediate id="H4744E0109EDE497B877EDB4F9B48A0BC"><header>U.S. Immigration and Customs
Enforcement</header>
</appropriations-intermediate><appropriations-small id="H0087932273DD45DEB46571000F75AE14"><header>salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for enforcement of immigration and customs laws, detention and
removals, and investigations; and purchase and lease of up to 3,790 (2,350 for
replacement only) police-type vehicles; $5,522,474,000 (increased by
$1,000,000) (reduced by $1,000,000) (increased by $1,000,000) (reduced by
$5,000,000) (increased by $5,000,000), of which not to exceed $7,500,000 shall
be available until expended for conducting special operations under section
3131 of the Customs Enforcement Act of 1986 (<external-xref legal-doc="usc" parsable-cite="usc/19/2081">19 U.S.C. 2081</external-xref>); of which not to
exceed $15,000 shall be for official reception and representation expenses; of
which not to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the Secretary
of Homeland Security; of which not less than $305,000 shall be for promotion of
public awareness of the child pornography tipline and activities to counter
child exploitation; of which not less than $5,400,000 (increased by $1,000,000)
shall be used to facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1357">8 U.S.C. 1357(g)</external-xref>); and of which not
to exceed $11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and repatriation
of smuggled aliens unlawfully present in the United States:
<italic>Provided</italic>, That none of the funds made available under this
heading shall be available to compensate any employee for overtime in an annual
amount in excess of $35,000, except that the Secretary, or the designee of the
Secretary, may waive that amount as necessary for national security purposes
and in cases of immigration emergencies: <italic>Provided further</italic>,
That of the total amount provided, $15,770,000 shall be for activities to
enforce laws against forced child labor, of which not to exceed $6,000,000
shall remain available until expended: <italic>Provided further</italic>, That
of the total amount available, not less than $1,600,000,000 shall be available
to identify aliens convicted of a crime who may be deportable and aliens who
may pose a serious risk to public safety or national security who may be
deportable, and to remove them from the United States once they are judged
deportable, of which $194,064,000 shall remain available until September 30,
2013: <italic>Provided further</italic>, That the Assistant Secretary of
Homeland Security for U.S. Immigration and Customs Enforcement shall report to
the Committees on Appropriations of the Senate and the House of
Representatives, not later than 45 days after the end of each quarter of the
fiscal year, on progress in implementing the preceding proviso and the funds
obligated during that quarter to make such progress: <italic>Provided
further</italic>, That the Secretary shall prioritize the identification and
removal of aliens convicted of a crime by the severity of that crime:
<italic>Provided further</italic>, That the funding made available under this
heading shall maintain a level of not less than 34,000 detention beds through
September 30, 2012: <italic>Provided further</italic>, That of the total amount
provided, not less than $2,750,843,000 is for detention and removal operations,
including transportation of unaccompanied minor aliens: <italic>Provided
further</italic>, That of the total amount provided, $10,300,000 shall remain
available until September 30, 2013, for the Visa Security Program:
<italic>Provided further</italic>, That none of the funds provided under this
heading may be used to continue a delegation of law enforcement authority
authorized under section 287(g) of the Immigration and Nationality Act
(<external-xref legal-doc="usc" parsable-cite="usc/8/1357">8 U.S.C.
1357(g)</external-xref>) if the Department of Homeland Security Inspector
General determines that the terms of the agreement governing the delegation of
authority have been violated: <italic>Provided further</italic>, That none of
the funds provided under this heading may be used to continue any contract for
the provision of detention services if the two most recent overall performance
evaluations received by the contracted facility are less than
<quote>adequate</quote> or the equivalent median score in any subsequent
performance evaluation system: <italic>Provided further</italic>, That nothing
under this heading shall prevent U.S. Immigration and Customs Enforcement from
exercising those authorities provided under immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C.
1101(a)(17)</external-xref>)) during priority operations pertaining to aliens
convicted of a crime.</text>
</appropriations-small><appropriations-small id="H01B9FEB7DB3B4E93A70611EB36B5B539"><header>automation
modernization</header><text display-inline="no-display-inline">For expenses of
immigration and customs enforcement automated systems, $23,860,000, to remain
available until September 30, 2016: <italic>Provided</italic>, That the
Secretary of Homeland Security shall submit to the Committees on Appropriations
of the Senate and the House of Representatives, at the time that the
President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for funds made available under this heading that
includes—</text>
<paragraph id="H579DE952E7514BABB83817A745ABF3AE"><enum>(1)</enum><text>the proposed
appropriations included for each project and activity tied to mission
requirements and outcomes, program management capabilities, performance levels,
and specific capabilities and services to be delivered;</text>
</paragraph><paragraph id="H0204EF7181ED4424AE14F7B00C8FAEE0"><enum>(2)</enum><text>the total
estimated cost and projected timeline of completion for all multi-year
enhancements, modernizations, and new capabilities proposed in such budget or
underway;</text>
</paragraph><paragraph id="H0E4DBB9CF5684D7B992BFFD5152708E8"><enum>(3)</enum><text>a
detailed accounting of operations and maintenance and contractor services
costs; and</text>
</paragraph><paragraph id="H195409A6077C4C8697A2051FC2066E8C"><enum>(4)</enum><text>current
acquisition program baselines for Atlas and TECS Modernization respectively,
that—</text>
<subparagraph id="HB441BA3A43754E5AB033BAD93F873758"><enum>(A)</enum><text>note and explain
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline;</text>
</subparagraph><subparagraph id="HCBE27BFEA1D747F392BE6F6D73450849"><enum>(B)</enum><text>align these
acquisition programs to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how each increment will address such known
capability gaps; and</text>
</subparagraph><subparagraph id="H1CFA2848EA654CA58F6D9AC9CD4B62FE"><enum>(C)</enum><text>define life-cycle
costs for these programs.</text>
</subparagraph></paragraph></appropriations-small><appropriations-intermediate id="HBCE8688056EE498CB0A67AF6B78B5444"><header>Transportation Security
Administration</header>
</appropriations-intermediate><appropriations-small id="H48A8443184A24F47A2076D79E4B2FAD7"><header>aviation
security</header><text display-inline="no-display-inline">For necessary
expenses of the Transportation Security Administration related to providing
civil aviation security services pursuant to the Aviation and Transportation
Security Act (<external-xref legal-doc="public-law" parsable-cite="pl/107/71">Public Law 107–71</external-xref>; 115 Stat. 597;
<external-xref legal-doc="usc" parsable-cite="usc/49/40101">49 U.S.C.
40101</external-xref> note), $5,224,556,000, of which $1,692,000,000 shall be
available until September 30, 2013, and of which not to exceed $10,000 shall be
for official reception and representation expenses: <italic>Provided</italic>,
That of the total amount made available under this heading, not to exceed
$4,155,813,000 shall be for screening operations, of which $555,003,000 shall
be for explosives detection systems; of which $181,285,000 shall be for
checkpoint support; and not to exceed $1,068,743,000 shall be for aviation
security direction and enforcement: <italic>Provided further</italic>, That of
the amount made available in the preceding proviso for explosives detection
systems, $222,738,000 shall be available for the purchase and installation of
such systems, of which not less than 10 percent shall be available for the
purchase and installation of certified explosives detection systems at medium-
and small-sized airports: <italic>Provided further</italic>, That
notwithstanding <external-xref legal-doc="usc" parsable-cite="usc/49/44923">section 44923</external-xref> of title 49, United
States Code, for fiscal year 2012 any funds in the Aviation Security Capital
Fund established by <external-xref legal-doc="usc" parsable-cite="usc/49/44923">section 44923(h)</external-xref> of title 49,
United States Code, may be used for the procurement and installation of
explosives detection systems or for the issuance of other transaction
agreements for the purpose of funding projects described in section 44923(a):
<italic>Provided further</italic>, That none of the funds made available in
this Act may be used for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the agency to exceed a
staffing level of 46,000 full-time equivalent screeners: <italic>Provided
further</italic>, That the preceding proviso shall not apply to personnel hired
as part-time employees: <italic>Provided further</italic>, That not later than
90 days after the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a detailed report on—</text>
<paragraph id="H4ECB0A9C89F140839D03E180DE45D73C"><enum>(1)</enum><text>the Department of
Homeland Security efforts and resources being devoted to develop more advanced
integrated passenger screening technologies for the most effective security of
passengers and baggage at the lowest possible operating and acquisition
costs;</text>
</paragraph><paragraph id="HC23F47B4DBD84400A900FF572E9EE3B0"><enum>(2)</enum><text>how the
Transportation Security Administration is deploying its existing passenger and
baggage screener workforce in the most cost effective manner; and</text>
</paragraph><paragraph id="HAB3EBA76141A4955A001B9FF3F9A7E05"><enum>(3)</enum><text>labor savings from
the deployment of improved technologies for passenger and baggage screening and
how those savings are being used to offset security costs or reinvested to
address security vulnerabilities:</text>
</paragraph></appropriations-small><section id="LEXA-Repairid21906FADAA154015AD1CE99EC72D46CF"><continuation-text continuation-text-level="section"><italic>Provided further</italic>, That
any award to deploy explosives detection systems shall be based on risk, the
airport’s current reliance on other screening solutions, lobby congestion
resulting in increased security concerns, high injury rates, airport readiness,
and increased cost effectiveness: <italic>Provided further</italic>, That
security service fees authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/44940">section
44940</external-xref> of title 49, United States Code, shall be credited to
this appropriation as offsetting collections and shall be available only for
aviation security: <italic>Provided further</italic>, That the sum appropriated
under this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are received in fiscal
year 2012, so as to result in a final fiscal year appropriation under this
heading from the general fund of not more than $3,194,556,000: <italic>Provided
further</italic>, That any security service fees collected in excess of the
amount made available under this heading shall be available for fiscal year
2013: <italic>Provided further</italic>, That Members of the House of
Representatives and the Senate, including the leadership; the heads of Federal
agencies and commissions, including the Secretary, Deputy Secretary, Under
Secretaries, and Assistant Secretaries of the Department of Homeland Security;
the Attorney General, Deputy Attorney General, Assistant Attorneys General, and
United States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and Budget shall
not be exempt from Federal passenger and baggage screening.</continuation-text></section><appropriations-small id="H0580D08B5BCC4A478280E9DA38DDACB9">
</appropriations-small><appropriations-intermediate id="H4FBD76BC525D4E4483DC76410FDF360C"><header>Surface Transportation
Security</header><text display-inline="no-display-inline">For necessary
expenses of the Transportation Security Administration related to surface
transportation security activities, $129,748,000, to remain available until
September 30, 2013.</text>
</appropriations-intermediate><appropriations-intermediate id="H41B47E1BB49B4B958437593BCE4F39BA"><header>Transportation Threat Assessment
and Credentialing</header><text display-inline="no-display-inline">For
necessary expenses for the development and implementation of screening programs
of the Office of Transportation Threat Assessment and Credentialing,
$183,954,000, to remain available until September 30,
2013.</text>
</appropriations-intermediate><appropriations-intermediate id="H7AF6C5D7AFFD42C389820CB4F3B9537A"><header>Transportation Security
Support</header><text display-inline="no-display-inline">For necessary expenses
of the Transportation Security Administration related to providing
transportation security support and intelligence pursuant to the Aviation and
Transportation Security Act (<external-xref legal-doc="public-law" parsable-cite="pl/107/71">Public Law 107–71</external-xref>; 115 Stat. 597;
<external-xref legal-doc="usc" parsable-cite="usc/49/40101">49 U.S.C.
40101</external-xref> note), $1,032,790,000, to remain available until
September 30, 2013: <italic>Provided</italic>, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate and the
House of Representatives detailed expenditure plans for air cargo security,
checkpoint support, and explosives detection systems procurement,
refurbishment, and installation on an airport-by-airport basis for fiscal year
2013: <italic>Provided further</italic>, That these plans shall be submitted
not later than 60 days after the date of enactment of this
Act.</text>
</appropriations-intermediate><appropriations-intermediate id="H1737E01BB10A4A24907DE49C570C975C"><header>Federal Air
Marshals</header><text display-inline="no-display-inline">For necessary
expenses of the Federal Air Marshals,
$961,375,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HE387734AE81847F89A43C2E464E0E653"><header>Coast
Guard</header>
</appropriations-intermediate><appropriations-small id="H14109EF63B3C467B9F9E7C40279CDA1F"><header>Operating
expenses</header><text display-inline="no-display-inline">For necessary
expenses for the operation and maintenance of the Coast Guard, not otherwise
provided for, purchase or lease of not to exceed 25 passenger motor vehicles,
which shall be for replacement only; purchase or lease of small boats for
contingent and emergent requirements (at a unit cost of no more than $700,000)
and repairs and service-life replacements, not to exceed a total of
$28,000,000; purchase or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding $1,000,000 in total
cost at any location; payments pursuant to section 156 of
<external-xref legal-doc="public-law" parsable-cite="pl/97/377">Public Law 97–377</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/42/402">42 U.S.C. 402</external-xref> note; 96 Stat. 1920);
and recreation and welfare; $7,071,061,000, of which $598,278,000 shall be for
defense-related activities, of which $258,278,000 is designated as being for
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 (112th
Congress); of which $24,500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (<external-xref legal-doc="usc" parsable-cite="usc/33/2712">33
U.S.C. 2712(a)(5)</external-xref>); and of which not to exceed $20,000 shall be
for official reception and representation expenses: <italic>Provided</italic>,
That none of the funds made available by this Act shall be for expenses
incurred for recreational vessels under
<external-xref legal-doc="usc" parsable-cite="usc/46/12114">section
12114</external-xref> of title 46, United States Code, except to the extent
fees are collected from owners of yachts and credited to this appropriation:
<italic>Provided further</italic>, That the Coast Guard shall comply with the
requirements of section 527 of the National Defense Authorization Act for
Fiscal Year 2004 (<external-xref legal-doc="usc" parsable-cite="usc/10/4331">10
U.S.C. 4331</external-xref> note) with respect to the Coast Guard Academy:
<italic>Provided further</italic>, That of the funds provided under this
heading, $75,000,000 shall be withheld from obligation for Coast Guard
Headquarters Directorates until: (1) a revised future-years capital investment
plan for fiscal years 2012 through 2016, as specified under the heading
<quote>Coast Guard, Acquisition, Construction, and Improvements</quote> of this
Act, that is reviewed by the Comptroller General of the United States; (2) the
fiscal year 2012 second quarter acquisition report; and (3) the polar
operations high latitude study are submitted to the Committees on
Appropriations of the Senate and the House of Representatives: <italic>Provided
further</italic>, That funds made available under this heading designated as
being for the global war on terrorism pursuant to section 301 of H. Con. Res.
34 (112th Congress) may be allocated by program, project, and activity,
notwithstanding section 503 of this Act.</text>
</appropriations-small><appropriations-small id="H2648AB8CF4094144913967233145A832"><header>Environmental compliance and
restoration</header><text display-inline="no-display-inline">For necessary
expenses to carry out the environmental compliance and restoration functions of
the Coast Guard under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/14/19">chapter 19</external-xref> of title 14,
United States Code, $10,198,000, to remain available until September 30, 2016:
<italic>Provided</italic>, That an expenditure plan that itemizes the costs
associated with each project identified in the Coast Guard’s Environmental
Compliance and Restoration backlog report dated April 11, 2011, shall be
included at the time that the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-small><appropriations-small id="HFD6E0C9BE4904EF5B184065CCF342ACE"><header>Reserve
training</header><text display-inline="no-display-inline">For necessary
expenses of the Coast Guard Reserve, as authorized by law; operations and
maintenance of the Coast Guard reserve program; personnel and training costs;
and equipment and services; $131,778,000.</text>
</appropriations-small><appropriations-small id="H3A306C75388C4085907060077955C13B"><header>Acquisition, construction, and
improvements</header><text display-inline="no-display-inline">For necessary
expenses of acquisition, construction, renovation, and improvement of aids to
navigation, shore facilities, vessels, and aircraft, including equipment
related thereto, and maintenance, rehabilitation, lease and operation of
facilities and equipment, as authorized by law, $1,151,673,000, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(<external-xref legal-doc="usc" parsable-cite="usc/33/2712">33 U.S.C.
2712(a)(5)</external-xref>); of which $427,691,000 shall be available until
September 30, 2016, to acquire, effect major repairs to, renovate, or improve
vessels, small boats, and related equipment; of which $328,900,000 shall be
available until September 30, 2014, to acquire, effect major repairs to,
renovate, or improve aircraft or increase aviation capability; of which
$171,140,000 shall be available until September 30, 2014, for other equipment;
of which $116,000,000 shall be available until September 30, 2016, for shore,
infrastructure, military housing, and aids to navigation facilities, including
waterfront facilities at Navy installations used by the Coast Guard, of which
$14,000,000 may be derived from the Coast Guard Housing Fund, established under
<external-xref legal-doc="usc" parsable-cite="usc/14/687">section
687</external-xref> of title 14, United States Code; and of which $107,942,000
shall be available for personnel compensation and benefits and related costs:
<italic>Provided</italic>, That the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President’s budget is submitted each year
under <external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a future-years capital
investment plan for the Coast Guard that identifies for each requested capital
asset—</text>
<paragraph id="HDA39B8B5290A4C09A1FEB547AC81F2CB"><enum>(1)</enum><text>the proposed
appropriations included in that budget;</text>
</paragraph><paragraph id="H7E6AF25FC0564A89A5BB1ABA13AB322C"><enum>(2)</enum><text>the total
estimated cost of completion, including and clearly delineating the costs of
associated major acquisition systems infrastructure and transition to
operations;</text>
</paragraph><paragraph id="H0A5B7D555EB3475BAAFE644CF4240912"><enum>(3)</enum><text>projected funding
levels for each fiscal year for the next five fiscal years or until acquisition
program baseline or project completion, whichever is earlier;</text>
</paragraph><paragraph id="H2DE8B39A61C14F748CC3F12456DD925F"><enum>(4)</enum><text>an estimated
completion date at the projected funding levels; and</text>
</paragraph><paragraph id="H64D50C13756F4E19896AD9391E93EF6E"><enum>(5)</enum><text>a
current acquisition program baseline for each capital asset, as applicable,
that—</text>
<subparagraph id="H59FCF6C15258401FAAB7F607BA738BB2"><enum>(A)</enum><text>includes the total
acquisition cost of each asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed funding levels for each
fiscal year, including for each fiscal year funds requested for design,
pre-acquisition activities, production, structural modifications,
missionization, post-delivery, and transition to operations costs;</text>
</subparagraph><subparagraph id="H618F79D29214495E92FA18B85D939BA7"><enum>(B)</enum><text>includes a
detailed project schedule through completion, subdivided by fiscal year, that
details—</text>
<clause id="HEE536DE7F39C4EF797B98D49410FD763"><enum>(i)</enum><text>quantities planned
for each fiscal year; and</text>
</clause><clause id="HA836E850C6C4467BB509F8C0BCCF164A"><enum>(ii)</enum><text>major acquisition
and project events, including development of operational requirements,
contracting actions, design reviews, production, delivery, test and evaluation,
and transition to operations, including necessary training, shore
infrastructure, and logistics;</text>
</clause></subparagraph><subparagraph id="H8264BA3DCB344516A32D473B84062737"><enum>(C)</enum><text>notes and explains
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline and the most recent
baseline approved by the Department of Homeland Security’s Acquisition Review
Board, if applicable;</text>
</subparagraph><subparagraph id="HEEC634335A904CA9B0328A8CCF6423CA"><enum>(D)</enum><text>aligns the
acquisition of each asset to mission requirements by defining existing
capabilities of comparable legacy assets, identifying known capability gaps
between such existing capabilities and stated mission requirements, and
explaining how the acquisition of each asset will address such known capability
gaps;</text>
</subparagraph><subparagraph id="H7981AE9BD3E84042B4FA686B0EF33B10"><enum>(E)</enum><text>defines life-cycle
costs for each asset and the date of the estimate on which such costs are
based, including all associated costs of major acquisitions systems
infrastructure and transition to operations, delineated by purpose and fiscal
year for the projected service life of the asset;</text>
</subparagraph><subparagraph id="H24C4319B616A45EC8A4F3B1FEF1990EF"><enum>(F)</enum><text>includes the
earned value management system summary schedule performance index and cost
performance index for each asset, if applicable; and</text>
</subparagraph><subparagraph id="H1256D11977B64BEFAC044D48DB67B656"><enum>(G)</enum><text>includes a
phase-out and decommissioning schedule delineated by fiscal year for each
existing legacy asset that each asset is intended to replace or
recapitalize:</text>
</subparagraph><continuation-text continuation-text-level="paragraph"><italic>Provided further</italic>,
That the Secretary shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent practicable, with
proposed appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President’s budget as submitted under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, for that fiscal year:
<italic>Provided further</italic>, That any inconsistencies between the capital
investment plan and proposed appropriations shall be identified and justified:
<italic>Provided further</italic>, That subsections (a) and (b) of section 6402
of <external-xref legal-doc="public-law" parsable-cite="pl/110/28">Public Law 110–28</external-xref> shall apply with respect to the amounts made available
under this heading.</continuation-text></paragraph></appropriations-small><appropriations-small id="H2F779616B8724404A99266AEE34CBE41"><header>Research,
development, test, and evaluation</header><text display-inline="no-display-inline">For necessary expenses for applied
scientific research, development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and equipment; as authorized
by law; $12,779,000, to remain available until September 30, 2016, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(<external-xref legal-doc="usc" parsable-cite="usc/33/2712">33 U.S.C.
2712(a)(5)</external-xref>): <italic>Provided</italic>, That there may be
credited to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development, testing, and
evaluation: <italic>Provided further</italic>, That a detailed expenditure plan
for the amount requested under this heading shall be included with the
President’s annual budget submission.</text>
</appropriations-small><appropriations-small id="HFE9AA9F1A8F94FDE92A9585C2C52D3BD"><header>Retired
pay</header><text display-inline="no-display-inline">For retired pay, including
the payment of obligations otherwise chargeable to lapsed appropriations for
this purpose, payments under the Retired Serviceman’s Family Protection and
Survivor Benefits Plans, payment for career status bonuses, concurrent receipts
and combat-related special compensation under the National Defense
Authorization Act, and payments for medical care of retired personnel and their
dependents under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/10/55">chapter 55</external-xref> of title 10,
United States Code, $1,440,157,000, to remain available until
expended.</text>
</appropriations-small><appropriations-intermediate id="HB3F00285B9B441A48578AF13394D9F0B"><header>United States Secret
Service</header>
</appropriations-intermediate><appropriations-small id="H22C41F2E1A91472E8A864FD4B5EC1DB2"><header>salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the United States Secret Service, including purchase of not to
exceed 652 vehicles for police-type use for replacement only; hire of passenger
motor vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be determined by
the Director of the Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other facilities on private
or other property not in Government ownership or control, as may be necessary
to perform protective functions; payment of per diem or subsistence allowances
to employees in cases in which a protective assignment on the actual day or
days of the visit of a protectee requires an employee to work 16 hours per day
or to remain overnight at a post of duty; conduct of and participation in
firearms matches; presentation of awards; travel of United States Secret
Service employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct behavioral
research in support of protective research and operations; and payment in
advance for commercial accommodations as may be necessary to perform protective
functions; $1,666,451,000, of which not to exceed $25,000 shall be for official
reception and representation expenses; of which not to exceed $100,000 shall be
to provide technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which $2,366,000 shall be for
forensic and related support of investigations of missing and exploited
children; and of which $6,000,000 shall be for a grant for activities related
to investigations of missing and exploited children and shall remain available
until September 30, 2013: <italic>Provided</italic>, That up to $18,000,000 for
protective travel shall remain available until September 30, 2013:
<italic>Provided further</italic>, That up to $12,307,000 for National Special
Security Events shall remain available until September 30, 2013:
<italic>Provided further</italic>, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements from Federal
agencies and entities, as defined in
<external-xref legal-doc="usc" parsable-cite="usc/5/105">section
105</external-xref> of title 5, United States Code, for personnel receiving
training sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total budgetary
resources available under this heading at the end of the fiscal year:
<italic>Provided further</italic>, That none of the funds made available under
this heading shall be available to compensate any employee for overtime in an
annual amount in excess of $35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that amount as necessary
for national security purposes: <italic>Provided further</italic>, That none of
the funds made available to the United States Secret Service by this Act or by
previous appropriations Acts may be made available for the protection of the
head of a Federal agency other than the Secretary of Homeland Security:
<italic>Provided further</italic>, That the Director of the United States
Secret Service may enter into an agreement to provide such protection on a
fully reimbursable basis: <italic>Provided further</italic>, That of the total
amount made available under this heading, $43,843,000, to remain available
until September 30, 2014, is for information integration and transformation:
<italic>Provided further</italic>, That none of the funds made available in the
preceding proviso shall be obligated to purchase or install information
technology equipment until the Chief Information Officer of the Department of
Homeland Security submits a report to the Committees on Appropriation of the
Senate and the House of Representatives certifying that all plans for such
integration and transformation are consistent with Department of Homeland
Security enterprise architecture requirements: <italic>Provided
further</italic>, That none of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be obligated
for the purpose of opening a new permanent domestic or overseas office or
location unless the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
obligation.</text>
</appropriations-small><appropriations-small id="H51F3EF07D0D9475BAE61A2D345E67702"><header>acquisition, construction,
improvements, and related expenses</header><text display-inline="no-display-inline">For necessary expenses for acquisition,
construction, repair, alteration, and improvement of facilities, $6,780,000, to
remain available until September 30, 2016.</text>
</appropriations-small><enum>III</enum><header></header>
<appropriations-major id="H3E525A94FAD74ED19682A6816142C06D"><header>PROTECTION, PREPAREDNESS,
RESPONSE, AND RECOVERY</header>
</appropriations-major><appropriations-intermediate id="HEAD4D021414943379B8E6CDD8C2A4E63"><header>National Protection and Programs
Directorate</header>
</appropriations-intermediate><appropriations-small id="HA98BB6C94140452084719AD09D4F7E66"><header>management
and administration</header><text display-inline="no-display-inline">For
salaries and expenses of the Office of the Under Secretary for the National
Protection and Programs Directorate, support for operations, information
technology, and the Office of Risk Management and Analysis, $42,511,000:
<italic>Provided</italic>, That not to exceed $5,000 shall be for official
reception and representation expenses.</text>
</appropriations-small><appropriations-small id="HFF82E310EC62423D8CC825D363B4C7BD"><header>infrastructure protection and
information security</header><text display-inline="no-display-inline">For
necessary expenses for infrastructure protection and information security
programs and activities, as authorized by title II of the Homeland Security Act
of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/121">6 U.S.C. 121
et seq.</external-xref>), $891,243,000: <italic>Provided</italic>, That of the
amount made available under this heading, $219,420,500 may not be obligated for
the National Cyber Security Division program and $148,639,500 may not be
obligated for the Office of Infrastructure Protection until the Committees on
Appropriations of the Senate and the House of Representatives receive and
approve a plan for expenditure for each of these programs that describes the
strategic context of the programs, the specific goals and milestones set for
the programs, and the funds allocated to achieving each of those goals and
milestones: <italic>Provided further</italic>, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, at the time that the President’s budget is submitted
each year under <external-xref legal-doc="usc" parsable-cite="usc/31/1105">section 1105(a)</external-xref> of title 31, United
States Code: (1) an expenditure plan for the Office of Infrastructure
Protection and the National Cyber Security Division that describes the
strategic context of the programs, the specific goals and milestones set for
the programs, and the funds allocated to achieving each of those goals and
milestones for the fiscal year being appropriated; and (2) a multi-year
investment and management plan for the National Cybersecurity Protection System
that identifies—</text>
<paragraph id="H6E969CEA233A425CA581D9C957F244D5"><enum>(1)</enum><text>the inventory of
nests and sensors by location and date of deployment;</text>
</paragraph><paragraph id="HBF49EBD4B6B6423B979E081B3ED59D6D"><enum>(2)</enum><text>the proposed
appropriations included in that budget for each increment sub-divided by
procurement, including quantity, deployment, and operations and
maintenance;</text>
</paragraph><paragraph id="H719EE2592FCF468D94DD248AC99B28B6"><enum>(3)</enum><text>projected funding
levels for procurements including quantity, deployment, and operations and
maintenance for each increment for each of the next five fiscal years;
and</text>
</paragraph><paragraph id="HF8395415323148A7B3D3EFAF479C2F1F"><enum>(4)</enum><text>a
current acquisition program baseline that—</text>
<subparagraph id="H75EAE493A17B4A86908BC55F3DDCA6DF"><enum>(A)</enum><text>aligns the
acquisition to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how the acquisition of each technology
will address such known capability gaps; and</text>
</subparagraph><subparagraph id="H4E168A8595314DB8BF2298E86EBF7F79"><enum>(B)</enum><text>defines life-cycle
costs for each technology, including all associated costs of major acquisitions
systems infrastructure and transition to operations, delineated by purpose and
fiscal year for the projected service life of the technology.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="H1E975FE252114BD89BC20BE3B9EA0513"><header>federal
protective service</header><text display-inline="no-display-inline">The
revenues and collections of security fees credited to this account shall be
available until expended for necessary expenses related to the protection of
Federally-owned and leased buildings and for the operations of the Federal
Protective Service: <italic>Provided</italic>, That the Director of the Federal
Protective Service shall include with the submission of the fiscal year 2013
budget a strategic human capital plan that aligns fee collection to personnel
requirements based on the current threat assessment; <italic>Provided
further</italic>, That an expenditure plan for program, project, and activity
and by objective for fiscal year 2012 shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives not later than 60
days after the date of enactment of this Act: <italic>Provided
further</italic>, That an expenditure plan for program, project, and activity
and by objective for fiscal year 2013 shall be submitted at the time that the
President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-small><appropriations-small id="H442F0E15C53641EB8C608A0A0DAF04CB"><header>united
states visitor and immigrant status indicator technology</header><text display-inline="no-display-inline">For necessary expenses for the United States
Visitor and Immigrant Status Indicator Technology program, as authorized by
section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (<external-xref legal-doc="usc" parsable-cite="usc/8/1365a">8 U.S.C.
1365a</external-xref>), $297,402,000: <italic>Provided</italic>, That of the
total amount made available under this heading, $194,295,000 is to remain
available until September 30, 2014: <italic>Provided further</italic>, That of
the total amount provided, $50,000,000 may not be obligated for the United
States Visitor and Immigrant Status Indicator Technology program until the
Committees on Appropriations of the Senate and the House of Representatives
receive a plan for expenditure, prepared by the Secretary of Homeland Security,
not later than 90 days after the date of enactment of this Act, that meets the
statutory conditions specified under this heading in
<external-xref legal-doc="public-law" parsable-cite="pl/110/329">Public Law 110–329</external-xref>: <italic>Provided further</italic>, That the Secretary
of Homeland Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the President’s
budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for the United States Visitor and Immigrant
Status Indicator Technology program that
includes—</text>
<paragraph id="H68ECA6FEFC514724AB464BBB26C10D78"><enum>(1)</enum><text>the proposed
appropriations for each activity tied to mission requirements and outcomes,
program management capabilities, performance levels, and specific capabilities
and services to be delivered, noting any deviations in cost or performance from
the prior fiscal year expenditure or investment and management plan;</text>
</paragraph><paragraph id="HCBC9C938E1F54850BDA6440627E5E334"><enum>(2)</enum><text>the total
estimated cost, projected funding by fiscal year, and projected timeline of
completion for all enhancements, modernizations, and new capabilities proposed
in such budget and underway, including and clearly delineating associated
efforts and funds requested by other agencies within the Department of Homeland
Security and in the Federal Government, and detailing any deviations in cost,
performance, schedule, or estimated date of completion provided in the prior
fiscal year expenditure or investment and management plan; and</text>
</paragraph><paragraph id="H8B8375D990C4438CB64BDFC9B622EAD3"><enum>(3)</enum><text>a
detailed accounting of operations and maintenance, contractor services, and
program costs associated with the management of identity services.</text>
</paragraph></appropriations-small><appropriations-intermediate id="HD1F6C5C47AA946D4AC71F6916084CBED"><header>Office of Health
Affairs</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Health Affairs, $165,949,000; of which $30,171,000 is for
salaries and expenses and $115,164,000 is for BioWatch operations:
<italic>Provided</italic>, That $45,615,000 shall remain available until
September 30, 2013, for biosurveillance, BioWatch Generation 3, chemical
defense, medical and health planning and coordination, and workforce health
protection: <italic>Provided further</italic>, That not to exceed $3,000 shall
be for official reception and representation expenses: <italic>Provided
further</italic>, That an expenditure plan for program, project, and activity
and by objective for fiscal year 2012 shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives not later than 60
days after the date of enactment of this Act: <italic>Provided
further</italic>, That an expenditure plan for program, project, and activity
and by objective for each fiscal year shall be submitted at the time that the
President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-intermediate><appropriations-intermediate id="H566327B04B0A4232B92B9E991E58706A"><header>Federal Emergency Management
Agency</header>
</appropriations-intermediate><appropriations-small id="H59CFE8CF391448479620002F29C5727F"><header>management
and administration</header><text display-inline="no-display-inline">For
necessary expenses for management and administration of the Federal Emergency
Management Agency, $707,298,000, including activities authorized by the
National Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4001">42 U.S.C. 4001 et seq.</external-xref>), the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5121">42 U.S.C. 5121 et
seq.</external-xref>), the Cerro Grande Fire Assistance Act of 2000 (division
C, title I, 114 Stat. 583), the Earthquake Hazards Reduction Act of 1977
(<external-xref legal-doc="usc" parsable-cite="usc/42/7701">42 U.S.C. 7701 et
seq.</external-xref>), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947
(<external-xref legal-doc="usc" parsable-cite="usc/50/404">50 U.S.C.
404</external-xref>, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/101">6 U.S.C. 101 et
seq.</external-xref>), and the Post-Katrina Emergency Management Reform Act of
2006 (<external-xref legal-doc="public-law" parsable-cite="pl/109/295">Public Law 109–295</external-xref>): <italic>Provided</italic>, That not to exceed
$3,000 shall be for official reception and representation expenses:
<italic>Provided further</italic>, That the Secretary of Homeland Security
shall submit an expenditure plan detailed by office for the Federal Emergency
Management Agency to the Committees on Appropriations of the Senate and the
House of Representatives at the time that the President’s budget is submitted
each year under <external-xref legal-doc="usc" parsable-cite="usc/31/1105">section 1105(a)</external-xref> of title 31, United
States Code: <italic>Provided further</italic>, That of the total amount made
available under this heading, not to exceed $5,863,000 shall remain available
until September 30, 2013, for capital improvements at the Mount Weather
Emergency Operations Center: <italic>Provided further</italic>, That of the
total amount made available under this heading, $35,250,000 shall be for the
Urban Search and Rescue Response System, of which not to exceed $1,600,000 may
be made available for administrative costs; and $5,493,000 shall be for the
Office of National Capital Region Coordination: <italic>Provided
further</italic>, That for purposes of planning, coordination, execution, and
decision-making related to mass evacuation during a disaster, the Governors of
the State of West Virginia and the Commonwealth of Pennsylvania, or their
designees, shall be incorporated into efforts to integrate the activities of
Federal, State, and local governments in the National Capital Region, as
defined in section 882 of the Homeland Security Act of 2002 (<external-xref legal-doc="public-law" parsable-cite="pl/107/296">Public Law 107–296</external-xref>).</text>
</appropriations-small><appropriations-small id="H9110DA4793B24912836193625FB8550C"><header>state and
local programs</header>
</appropriations-small><appropriations-small id="H24C5C842321C4F0F9AC90B0FCFC518D8"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">For grants,
contracts, cooperative agreements, and other activities, $1,000,000,000, which
shall be distributed at the discretion of the Secretary of Homeland Security
based on the following authorities:</text>
<paragraph id="HBC60DFD08FB5430E8FCEA9F84CF29C05"><enum>(1)</enum><text>The State Homeland
Security Grant Program under section 2004 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/605">6 U.S.C.
605</external-xref>).</text>
</paragraph><paragraph id="HE7E784F7A7094405BC5DA5FC74F2A362"><enum>(2)</enum><text>The Urban Area
Security Initiative under section 2003 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/604">6 U.S.C.
604</external-xref>), notwithstanding subsection (c)(1) of such section, funds
provided under this paragraph may be used for grants to organizations (as
described under <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)(3)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax section 501(a) of such code)
determined by the Secretary to be at high risk of a terrorist attack.</text>
</paragraph><paragraph id="HEDA895B2C010409296599F4554396E99"><enum>(3)</enum><text>The Metropolitan
Medical Response System under section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (<external-xref legal-doc="usc" parsable-cite="usc/6/723">6 U.S.C. 723</external-xref>).</text>
</paragraph><paragraph id="H45C7036A8C214998881B70386519C2A0"><enum>(4)</enum><text>The Citizen Corps
Program, notwithstanding the requirements of subtitle A of title XX of the
Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/603">6 U.S.C. 603 et seq.</external-xref>).</text>
</paragraph><paragraph id="H6C3E5CD81EDE41D4BC7CDF85C5F41377"><enum>(5)</enum><text>The Public
Transportation Security Assistance and Railroad Security Assistance, under
sections 1406 and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135 and 1163): <italic>Provided</italic>,
That such public transportation security assistance shall be provided directly
to public transportation agencies.</text>
</paragraph><paragraph id="H9C499A8D712149CCAF64DC1C5D007610"><enum>(6)</enum><text display-inline="yes-display-inline">Over-the-Road Bus Security Assistance under
section 1532 of the Implementing Recommendations of the 9/11 Commission Act of
2007 (<external-xref legal-doc="usc" parsable-cite="usc/6/1182">6 U.S.C.
1182</external-xref>).</text>
</paragraph><paragraph id="H80524BEE385F4990B417C217FFF24E43"><enum>(7)</enum><text display-inline="yes-display-inline">Port Security Grants in accordance with 46
U.S.C. 70107.</text>
</paragraph><paragraph id="HB0B7AE79FC694465AD27632440341FE5"><enum>(8)</enum><text display-inline="yes-display-inline">The Driver’s License Security Grants
Program in accordance with section 204 of the REAL ID Act of 2005
(<external-xref legal-doc="usc" parsable-cite="usc/49/30301">49 U.S.C.
30301</external-xref> note).</text>
</paragraph><paragraph id="HF21BE9F3BB69438AB721BFA1154DC437"><enum>(9)</enum><text display-inline="yes-display-inline">The Interoperable Emergency Communications
Grant Program under section 1809 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/579">6 U.S.C.
579</external-xref>).</text>
</paragraph></appropriations-small><appropriations-small id="HF990B29739B24403A5AE378F78473245"><text display-inline="no-display-inline"><italic>Provided</italic>, That of the
amount provided under this heading, $55,000,000 shall be for Operation
Stonegarden and $192,663,000 shall be for training, exercises, technical
assistance, and other programs, of which $107,000,000 shall be for training of
State, local, and tribal emergency response providers: <italic>Provided
further</italic>, That notwithstanding subsection (c)(4) of section 2004 of the
Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/605">6 U.S.C. 605</external-xref>), for fiscal year 2012,
the Commonwealth of Puerto Rico shall make available to local and tribal
governments amounts provided to the Commonwealth of Puerto Rico under the State
Homeland Security Grant Program in accordance with subsection (c)(1) of such
section 2004: <italic>Provided further</italic>, That 10 percent of the amounts
provided under this heading shall be transferred to <quote>Federal Emergency
Management Agency, Management and Administration</quote> for program
administration, and the Secretary of Homeland Security shall provide an
expenditure plan for program administration to the Committees on Appropriations
of the Senate and the House of Representatives within 60 days after the date of
enactment of this Act: <italic>Provided further</italic>, That the Secretary
shall provide a detailed expenditure plan for program administration for each
fiscal year to the Committees on Appropriations of the Senate and the House of
Representatives at the time that the President’s budget is submitted each year
under <external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code: <italic>Provided
further</italic>, That notwithstanding section 2008(a)(11) of the Homeland
Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/609">6 U.S.C. 609(a)(11)</external-xref>), or any other
provision of law, a grantee may use not more than five percent of the amount of
a grant made available under this heading for expenses directly related to
administration of the grant: <italic>Provided further</italic>, That for grants
under paragraphs (1) through (4), the applications for grants shall be made
available to eligible applicants not later than 25 days after the date of
enactment of this Act, that eligible applicants shall submit applications not
later than 90 days after the grant announcement, and that the Administrator of
the Federal Emergency Management Agency shall act within 90 days after receipt
of an application: <italic>Provided further</italic>, That for grants awarded
under paragraphs (5) through (9), the applications for grants shall be made
available to eligible applicants not later than 30 days after the date of
enactment of this Act, that eligible applicants shall submit applications
within 45 days after the grant announcement, and that the Federal Emergency
Management Agency shall act not later than 60 days after receipt of an
application: <italic>Provided further</italic>, That for grants under
paragraphs (1) and (2), the installation of communications towers is not
considered construction of a building or other physical facility:
<italic>Provided further</italic>, That grantees shall provide reports on their
use of funds, as determined necessary by the Secretary: <italic>Provided
further</italic>, That (a) the Center for Domestic Preparedness may provide
training to emergency response providers from the Federal Government, foreign
governments, or private entities, if the Center is reimbursed for the cost of
such training, and any reimbursement under this subsection shall be credited to
the account from which the expenditure being reimbursed was made and shall be
available, without fiscal year limitation, for the purposes for which amounts
in the account may be expended, and (b) the head of the Center for Domestic
Preparedness shall ensure that any training provided under (a) does not
interfere with the primary mission of the Center to train State and local
emergency response providers: <italic>Provided further</italic>, That not later
than 60 days after the date of enactment of this Act, the Administrator of the
Federal Emergency Management Agency shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a plan to expend
by the end of fiscal year 2012 all unexpended balances of funds appropriated
for fiscal years before fiscal year 2008 under this
heading.</text>
</appropriations-small><appropriations-small id="H5067E9BEA83440EEB68F3D9FD1F656AC"><header>firefighter assistance
grants</header><text display-inline="no-display-inline">For necessary expenses
for programs authorized by the Federal Fire Prevention and Control Act of 1974
(<external-xref legal-doc="usc" parsable-cite="usc/15/2201">15 U.S.C. 2201 et
seq.</external-xref>), $350,000,000 (increased by $320,000,000), of which
$200,000,000 (increased by $135,000,000) shall be available to carry out
section 33 of that Act (<external-xref legal-doc="usc" parsable-cite="usc/15/2229">15 U.S.C. 2229</external-xref>) and $150,000,000
(increased by $185,000,000) shall be available to carry out section 34 of that
Act (<external-xref legal-doc="usc" parsable-cite="usc/15/2229a">15 U.S.C.
2229a</external-xref>), to remain available until September 30, 2013:
<italic>Provided</italic>, That not to exceed 10 percent of the amount
available under this heading shall be transferred to <quote>Federal Emergency
Management Agency, Management and Administration</quote> for program
administration, and an expenditure plan for program administration shall be
provided to the Committees on Appropriations of the Senate and the House of
Representatives not later than 60 days after the date of enactment of this Act:
<italic>Provided further</italic>, That an expenditure plan for program
administration shall be submitted at the time that the President’s budget is
submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-small><appropriations-small id="H8A601D96DD77472B98E5A7ACFBA8909E"><header>emergency
management performance grants</header><text display-inline="no-display-inline">For necessary expenses for emergency
management performance grants, as authorized by the National Flood Insurance
Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4001">42
U.S.C. 4001 et seq.</external-xref>), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5121">42 U.S.C. 5121 et seq.</external-xref>), the
Earthquake Hazards Reduction Act of 1977 (<external-xref legal-doc="usc" parsable-cite="usc/42/7701">42 U.S.C. 7701 et seq.</external-xref>), and
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $350,000,000:
<italic>Provided</italic>, That not to exceed 10 percent of the amount
available under this heading shall be transferred to <quote>Federal Emergency
Management Agency, Management and Administration</quote> for program
administration, and an expenditure plan for program administration shall be
provided to the Committees on Appropriations of the Senate and the House of
Representatives not later than 60 days after the date of enactment of this Act:
<italic>Provided further</italic>, That an expenditure plan for program
administration shall be submitted at the time that the President’s budget is
submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-small><appropriations-small id="H04D4F84E597346E3862EE081B32B5EBF"><header>radiological emergency
preparedness program</header><text display-inline="no-display-inline">The
aggregate charges assessed during fiscal year 2012, as authorized in title III
of the Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (<external-xref legal-doc="usc" parsable-cite="usc/42/5196e">42 U.S.C. 5196e</external-xref>), shall not be
less than 100 percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the
next fiscal year: <italic>Provided</italic>, That the methodology for
assessment and collection of fees shall be fair and equitable and shall reflect
costs of providing such services, including administrative costs of collecting
such fees: <italic>Provided further</italic>, That fees received under this
heading shall be deposited in this account as offsetting collections and will
become available for authorized purposes on October 1, 2012, and remain
available until expended.</text>
</appropriations-small><appropriations-small id="H49A0B15700974E7EBF8B8AC1546CE2A5"><header>united
states fire administration</header><text display-inline="no-display-inline">For
necessary expenses of the United States Fire Administration and for other
purposes, as authorized by the Federal Fire Prevention and Control Act of 1974
(<external-xref legal-doc="usc" parsable-cite="usc/15/2201">15 U.S.C. 2201 et
seq.</external-xref>) and the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/101">6 U.S.C. 101 et
seq.</external-xref>), $42,538,000.</text>
</appropriations-small><appropriations-small id="H53E22E7EFE314C32B064FEAF9D0415A1"><header>disaster
relief</header>
</appropriations-small><appropriations-small id="H4F38ADB9027A4A7398708464155FEF17"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">For
necessary expenses in carrying out the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5121">42 U.S.C. 5121 et seq.</external-xref>),
$2,650,000,000 (reduced by $100,000,000) (increased by $100,000,000), to remain
available until expended: <italic>Provided</italic>, That the Federal Emergency
Management Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing the use
of the funds for disaster readiness and support not later than 60 days after
the date of enactment of this Act: <italic>Provided further</italic>, That the
Federal Emergency Management Agency shall submit to such Committees a quarterly
report detailing obligations against the expenditure plan and a justification
for any changes in spending: <italic>Provided further</italic>, That of the
total amount provided, $16,000,000 shall be transferred to the Department of
Homeland Security Office of Inspector General for audits and investigations
related to disasters, subject to section 503 of this Act: <italic>Provided
further</italic>, That not later than 60 days after the date of enactment of
this Act, $105,600,000 shall be transferred to <quote>Federal Emergency
Management Agency, Management and Administration</quote> for management and
administration functions: <italic>Provided further</italic>, That the
Administrator of the Federal Emergency Management Agency shall submit the
monthly <quote>Disaster Relief</quote> report, as specified in
<external-xref legal-doc="public-law" parsable-cite="pl/110/161">Public Law 110–161</external-xref>, to the Committees on Appropriations of the Senate and
the House of Representatives, and include the amounts provided to each Federal
agency for mission assignments: <italic>Provided further</italic>, That the
Administrator of the Federal Emergency Management Agency shall submit quarterly
reports to the Committees on Appropriations of the Senate and the House of
Representatives providing estimates of funding requirements for <quote>Disaster
Relief</quote> for the current fiscal year and the succeeding three fiscal
years which shall include—</text>
<paragraph id="H23CE380E9EB04164986459B260F47A46"><enum>(1)</enum><text>an estimate, by
quarter, for the costs of all previously designated disasters;</text>
</paragraph><paragraph id="H217D06970FFA4563848127D5DE68720F"><enum>(2)</enum><text>an estimate, by
quarter, for the cost of future disasters based on a five-year average,
excluding catastrophic disasters;</text>
</paragraph><paragraph id="H27B5AA557D344678B896B024ADA913C7"><enum>(3)</enum><text>an estimate, by
quarter, for the costs of catastrophic disasters excluded from the five-year
average subdivided by disaster and shall include the amount already obligated
and the remaining estimated costs; and</text>
</paragraph><paragraph id="H09030F2C5A0F4A8B986041B55750383A"><enum>(4)</enum><text>an estimate of the
date on which the <quote>Disaster Relief</quote> balance will reach
$800,000,000: <italic>Provided further</italic>, That the Administrator of the
Federal Emergency Management Agency shall develop a policy and provide a report
on such policy that defines the five-year average used to develop the budget
estimates for disaster relief not later than 60 days after the date of
enactment of this Act that shall include a clear and reproducible definition of
the five-year average used as a basis for the request, the responsible official
who develops the average, and the data source(s) used: <italic>Provided
further</italic>, That the Administrator of the Federal Emergency Management
Agency shall include in the fiscal year 2013 budget submission for disaster
relief a clear statement of the five-year average used as a basis for the
request, the fiscal years included in the average, a list of the obligations
for each of the five fiscal years, and all adjustments made to the gross
obligation total for each of the five fiscal years, including a record of which
catastrophic disasters are excluded from each year’s obligation total and the
associated amount excluded; inflation adjustments; and the amount and source of
recoveries applied against the obligation total: <italic>Provided
further</italic>, That the President shall submit an offset budget amendment
from within discretionary funds not later than three months prior to the date
that the Administrator of the Federal Emergency Management Agency estimates
that the total amount remaining unallocated in <quote>Disaster Relief</quote>'
will reach $800,000,000, and that the request shall account for all estimated
funding requirements for that fiscal year: <italic>Provided further</italic>,
That for any request for reimbursement from a Federal agency to the Department
of Homeland Security to cover expenditures under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5121">42 U.S.C. 5121 et seq.</external-xref>), or any
mission assignment orders issued by the Department for such purposes, the
Secretary of Homeland Security shall take appropriate steps to ensure that each
agency is periodically reminded of the Department policies on—</text>
<subparagraph id="HF527E54FEAAA41D1805BEF43643AF505"><enum>(A)</enum><text>the detailed
information required in supporting documentation for reimbursements; and</text>
</subparagraph><subparagraph id="H20BC9B78AE58469CAD2EFC046223822D"><enum>(B)</enum><text>the necessity for
timeliness of agency billings.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="H08137FAEB3414C08BE120668006CE078"><header>disaster
assistance direct loan program account</header><text display-inline="no-display-inline">For activities under section 319 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5162">42 U.S.C. 5162</external-xref>),
$296,000 is for the cost of direct loans: <italic>Provided</italic>, That gross
obligations for the principal amount of direct loans shall not exceed
$25,000,000: <italic>Provided further</italic>, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget Act of
1974 (<external-xref legal-doc="usc" parsable-cite="usc/2/661a">2 U.S.C.
661a</external-xref>).</text>
</appropriations-small><appropriations-small id="HFBB95D3708694A46A6AE325DD471FA4A"><header>flood
hazard mapping and risk analysis program</header><text display-inline="no-display-inline">For necessary expenses under section 1360 of
the National Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4101">42 U.S.C. 4101</external-xref>), $102,712,000, and
such additional sums as may be provided by State and local governments or other
political subdivisions for cost-shared mapping activities under section
1360(f)(2) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/42/4101">42 U.S.C. 4101(f)(2)</external-xref>), to remain
available until expended: <italic>Provided</italic>, That total administrative
costs shall not exceed three percent of the total amount appropriated under
this heading.</text>
</appropriations-small><appropriations-small id="HE050AC270DA1441894F220B08F7E9969"><header>national
flood insurance fund</header><text display-inline="no-display-inline">For
activities under the National Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4001">42 U.S.C. 4001 et
seq.</external-xref>) and the Flood Disaster Protection Act of 1973
(<external-xref legal-doc="usc" parsable-cite="usc/42/4001">42 U.S.C. 4001 et
seq.</external-xref>), $171,000,000, which shall remain available until
September 30, 2013, and shall be derived from offsetting collections assessed
and collected under section 1308(d) of the National Flood Insurance Act of 1968
(<external-xref legal-doc="usc" parsable-cite="usc/42/4015">42 U.S.C.
4015(d)</external-xref>), which is available for salaries and expenses
associated with flood mitigation and flood insurance operations; and flood
plain management and flood mapping: <italic>Provided</italic>, That not to
exceed $22,000,000 shall be available for salaries and expenses associated with
flood mitigation and flood insurance operations: <italic>Provided
further</italic>, That not less than $149,000,000 shall be available for flood
plain management and flood mapping: <italic>Provided further</italic>, That any
additional fees collected pursuant to section 1308(d) of the National Flood
Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4015">42 U.S.C. 4015(d)</external-xref>) shall be
credited as an offsetting collection to this account, to be available for flood
plain management and flood mapping: <italic>Provided further</italic>, That in
fiscal year 2012, no funds shall be available from the National Flood Insurance
Fund under section 1310 of that Act (<external-xref legal-doc="usc" parsable-cite="usc/42/4017">42 U.S.C. 4017</external-xref>) in excess of: (1)
$132,000,000 for operating expenses; (2) $1,007,571,000 for commissions and
taxes of agents; (3) such sums as are necessary for interest on Treasury
borrowings; and (4) $50,000,000, which shall remain available until expended
for flood mitigation actions, of which $10,000,000 is for repetitive insurance
claims properties under section 1323 of the National Flood Insurance Act of
1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4030">42 U.S.C.
4030</external-xref>), and of which $40,000,000 is for flood mitigation
assistance under section 1366 of the National Flood Insurance Act of 1968
(<external-xref legal-doc="usc" parsable-cite="usc/42/4104c">42 U.S.C.
4104c</external-xref>), notwithstanding subparagraphs (B) and (C) of subsection
(b)(3) and subsection (f) of section 1366 of the National Flood Insurance Act
of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4104c">42 U.S.C.
4104c</external-xref>), and notwithstanding subsection (a)(7) of section 1310
of the National Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4017">42 U.S.C. 4017</external-xref>): <italic>Provided
further</italic>, That amounts collected under section 102 of the Flood
Disaster Protection Act of 1973 and section 1366(i) of the National Flood
Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund
to supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section 102(f)(8) of the
Flood Disaster Protection Act of 1973, section 1366(i) of the National Flood
Insurance Act of 1968, and paragraphs (2) and (3) of section 1366(5) of the
National Flood Insurance Act of 1968: <italic>Provided further</italic>, That
total administrative costs shall not exceed four percent of the total
appropriation.</text>
</appropriations-small><appropriations-small id="HEE54AE633C3E438A8322E5660F6773FC"><header>national
predisaster mitigation fund</header><text display-inline="no-display-inline">For the predisaster mitigation grant program
under section 203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5133">42
U.S.C. 5133</external-xref>), $40,000,000, to remain available until expended:
<italic>Provided</italic>, That the total administrative costs associated with
such grants shall not exceed three percent of the total amount made available
under this heading.</text>
</appropriations-small><appropriations-small id="H838383AF4BC046A8AA66F8C272948D8D"><header>emergency
food and shelter</header><text display-inline="no-display-inline">To carry out
the emergency food and shelter program pursuant to title III of the
McKinney-Vento Homeless Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/11331">42 U.S.C. 11331 et seq.</external-xref>),
$120,000,000, to remain available until expended: <italic>Provided</italic>,
That total administrative costs shall not exceed 3.5 percent of the total
amount made available under this heading.</text>
</appropriations-small><enum>IV</enum>
<appropriations-major id="HA73A77520A8B441CA854C2D5A772878F"><header>RESEARCH AND DEVELOPMENT,
TRAINING, AND SERVICES</header>
</appropriations-major><appropriations-intermediate id="HCD81897396F94DB5A949659D8D0779F7"><header>United States Citizenship and
Immigration Services</header><text display-inline="no-display-inline">For
necessary expenses for citizenship and immigration services, $132,361,000 for
immigration verification programs, including the E-Verify Program, as
authorized by section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C. 1324a</external-xref> note), to assist
United States employers with maintaining a legal workforce:
<italic>Provided</italic>, That notwithstanding any other provision of law,
funds available to United States Citizenship and Immigration Services may be
used to acquire, operate, equip, and dispose of up to five vehicles, for
replacement only, for areas where the Administrator of General Services does
not provide vehicles for lease: <italic>Provided further</italic>, That the
Director of United States Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to travel
between the employees' residences and places of
employment.</text>
</appropriations-intermediate><appropriations-intermediate id="HB34814FD3EE74E369214F22EADECE3D8"><header>Federal Law Enforcement Training
Center</header>
</appropriations-intermediate><appropriations-small id="H18725E91B3BD4D84A8798F24FDB794AD"><header>salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Federal Law Enforcement Training Center, including materials
and support costs of Federal law enforcement basic training; the purchase of
not to exceed 117 vehicles for police-type use and hire of passenger motor
vehicles; expenses for student athletic and related activities; the conduct of
and participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly reimbursement to employees
authorized to use personal mobile phones for official duties; and services as
authorized by <external-xref legal-doc="usc" parsable-cite="usc/5/3109">section
3109</external-xref> of title 5, United States Code; $238,957,000, of which up
to $48,978,000 shall remain available until September 30, 2013, for materials
and support costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in training
accreditation; and of which not to exceed $12,000 shall be for official
reception and representation expenses: <italic>Provided</italic>, That the
Center is authorized to obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: <italic>Provided
further</italic>, That section 1202(a) of
<external-xref legal-doc="public-law" parsable-cite="pl/107/206">Public Law 107–206</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/42/3771">42 U.S.C. 3771</external-xref> note), as amended by
<external-xref legal-doc="public-law" parsable-cite="pl/111/83">Public Law 111–83</external-xref> (123 Stat. 2166), is further amended by striking
<quote>December 31, 2012</quote> and inserting <quote>December 31,
2014</quote>: <italic>Provided further</italic>, That the Director of the
Federal Law Enforcement Training Center shall schedule basic or advanced law
enforcement training, or both, at all four training facilities under the
control of the Federal Law Enforcement Training Center to ensure that such
training facilities are operated at the highest capacity throughout the fiscal
year: <italic>Provided further</italic>, That the Federal Law Enforcement
Training Accreditation Board, including representatives from the Federal law
enforcement community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and assessing
the quality and effectiveness of Federal law enforcement training programs,
facilities, and instructors.</text>
</appropriations-small><appropriations-small id="H36A4639C57D74170B67A6F9C2490F666"><header>acquisitions, construction,
improvements, and related expenses</header><text display-inline="no-display-inline">For acquisition of necessary additional real
property and facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement Training
Center, $35,456,000, to remain available until September 30, 2016:
<italic>Provided</italic>, That the Center is authorized to accept
reimbursement to this appropriation from government agencies requesting the
construction of special use facilities.</text>
</appropriations-small><appropriations-major id="H7824B64C12E74C4CADF0AA0B91E926EE"><header>SCIENCE
AND TECHNOLOGY</header>
</appropriations-major><appropriations-intermediate id="HBBC650A433D5478DB2E147FEA92149D8"><header>Management and
Administration</header><text display-inline="no-display-inline">For salaries
and expenses of the Office of the Under Secretary for Science and Technology
and for management and administration of programs and activities, as authorized
by title III of the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/181">6 U.S.C. 181 et
seq.</external-xref>), $140,565,000: <italic>Provided</italic>, That not to
exceed $10,000 shall be for official reception and representation
expenses.</text>
</appropriations-intermediate><appropriations-intermediate id="HA989474036A145479C72180BF99D8F57"><header>Research, Development,
Acquisition, and Operations</header><text display-inline="no-display-inline">For necessary expenses for science and
technology research, including advanced research projects, development, test
and evaluation, acquisition, and operations as authorized by title III of the
Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/181">6 U.S.C. 181 et seq.</external-xref>), and the
purchase or lease of not to exceed five vehicles, $398,213,000, of which
$196,713,000, to remain available until September 30, 2014; and of which
$201,500,000, to remain available until September 30, 2016, solely for
operation and construction of laboratory
facilities.</text>
</appropriations-intermediate><appropriations-major id="H9DE7E9A140EE4E7DA5B7AB42E388E120"><header>DOMESTIC
NUCLEAR DETECTION OFFICE</header>
</appropriations-major><appropriations-intermediate id="HF1A9CAF87BAD47DB81E5105B348D1CA4"><header>Management and
Administration</header><text display-inline="no-display-inline">For salaries
and expenses of the Domestic Nuclear Detection Office, as authorized by title
XIX of the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/591">6 U.S.C. 591 et seq.</external-xref>), for management
and administration of programs and activities, $40,000,000:
<italic>Provided</italic>, That not to exceed $3,000 shall be for official
reception and representation expenses.</text>
</appropriations-intermediate><appropriations-intermediate id="H9521D2D74AB64A2C9FA5EDE06B7B0918"><header>Research, Development, and
Operations</header><text display-inline="no-display-inline">For necessary
expenses for radiological and nuclear research, development, testing,
evaluation, and operations, $245,194,000, to remain available until September
30, 2014.</text>
</appropriations-intermediate><appropriations-intermediate id="H5740221483FB4D938A97D1977D72F70F"><header>Systems
Acquisition</header><text display-inline="no-display-inline">For expenses for
the Domestic Nuclear Detection Office acquisition and deployment of
radiological detection systems in accordance with the global nuclear detection
architecture, $52,000,000, to remain available until September 30, 2014:
<italic>Provided</italic>, That none of the funds appropriated under this
heading in this Act or any other Act shall be obligated for full-scale
procurement of advanced spectroscopic portal monitors until the Secretary of
Homeland Security submits to the Committees on Appropriations of the Senate and
the House of Representatives a report certifying that a significant increase in
operational effectiveness will be achieved by such obligation: <italic>Provided
further</italic>, That the Secretary shall submit separate and distinct
certifications prior to the procurement of advanced spectroscopic portal
monitors for primary and secondary deployment that address the unique
requirements for operational effectiveness of each type of deployment:
<italic>Provided further</italic>, That the Secretary shall continue to consult
with the National Academy of Sciences before making such certifications:
<italic>Provided further</italic>, That none of the funds appropriated under
this heading shall be used for high-risk concurrent development and production
of mutually dependent software and
hardware.</text>
</appropriations-intermediate><enum>V</enum>
<appropriations-major id="H10C9138B05A2483E9FD558CC068403CB"><header>GENERAL
PROVISIONS</header>
</appropriations-major><appropriations-small id="H30ADB2D2D7F8440CBDC99457A771692A"><header>(including
rescissions of funds)</header>
</appropriations-small><section id="HC5324ED9EC8A425BA73AE845F787E614"><enum>501.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
</section><section id="HFE34ED7E090A40EF8B9B727DF939BBB0"><enum>502.</enum><text display-inline="yes-display-inline">Subject to the requirements of section 503
of this Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be accounted for as one
fund for the same time period as originally enacted.</text>
</section><section id="H62379C7BE47F40C9A536298ABA3898CF"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8052603EA606417FACADB8FF507E05A8"><enum>(a)</enum><text>None of the funds
provided by this Act, provided by previous appropriations Acts to the agencies
in or transferred to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2012, or provided from any
accounts in the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that: (1) creates a new
program, project, office, or activity; (2) eliminates a program, project,
office, or activity; (3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either of the Committees on
Appropriations of the Senate or the House of Representatives for a different
purpose; or (5) contracts out any function or activity for which funding levels
were requested for Federal full-time equivalents in the object classification
tables contained in the fiscal year 2012 Budget Appendix for the Department of
Homeland Security, as modified by the joint explanatory statement accompanying
this Act, unless the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such reprogramming of
funds.</text>
</subsection><subsection id="H24511C726C4842F983E6C806B0E38E5B"><enum>(b)</enum><text>None of the funds
provided by this Act, provided by previous appropriations Acts to the agencies
in or transferred to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2012, or provided from any
accounts in the Treasury of the United States derived by the collection of fees
or proceeds available to the agencies funded by this Act, shall be available
for obligation or expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000 or 10 percent, whichever is
less, that: (1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program, project, or activity,
or reduces the numbers of personnel by 10 percent as approved by the Congress;
or (3) results from any general savings from a reduction in personnel that
would result in a change in existing programs, projects, or activities as
approved by the Congress, unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in advance of such
reprogramming of funds.</text>
</subsection><subsection id="H4BF293FEA7344A2FB742F8D375A2DFB7"><enum>(c)</enum><text>Not to exceed five
percent of any appropriation made available for the current fiscal year for the
Department of Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be increased by
more than 10 percent by such transfers: <italic>Provided</italic>, That any
transfer under this section shall be treated as a reprogramming of funds under
subsection (b) and shall not be available for obligation unless the Committees
on Appropriations of the Senate and the House of Representatives are notified
15 days in advance of such transfer.</text>
</subsection><subsection id="HAF7DA4F83A3D4AE6924BDC8F50484512"><enum>(d)</enum><text>Notwithstanding
subsections (a), (b), and (c) of this section, no funds shall be reprogrammed
within or transferred between appropriations after June 30, except in
extraordinary circumstances that imminently threaten the safety of human life
or the protection of property.</text>
</subsection><subsection id="HD186625747AE483BAD5BBD3BAC33028D"><enum>(e)</enum><text>The notification
thresholds and procedures set forth in this section shall apply to any use of
deobligated balances of funds provided in previous Department of Homeland
Security Appropriations Acts.</text>
</subsection></section><section id="HCE7618F36DFA442EB80CF74323CE0A8E"><enum>504.</enum><text display-inline="yes-display-inline">The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of
<external-xref legal-doc="public-law" parsable-cite="pl/103/356">Public Law 103–356</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/31/501">31 U.S.C. 501</external-xref> note), shall continue
operations as a permanent working capital fund for fiscal year 2012:
<italic>Provided</italic>, That none of the funds appropriated or otherwise
made available to the Department of Homeland Security may be used to make
payments to the Working Capital Fund, except for the activities and amounts
allowed in the President’s fiscal year 2012 budget: <italic>Provided
further</italic>, That funds provided to the Working Capital Fund shall be
available for obligation until expended to carry out the purposes of the
Working Capital Fund: <italic>Provided further</italic>, That all departmental
components shall be charged only for direct usage of each Working Capital Fund
service: <italic>Provided further</italic>, That funds provided to the Working
Capital Fund shall be used only for purposes consistent with the contributing
component: <italic>Provided further</italic>, That the Working Capital Fund
shall be paid in advance or reimbursed at rates which will return the full cost
of each service: <italic>Provided further</italic>, That the Working Capital
Fund shall be subject to the requirements of section 503 of this Act.</text>
</section><section id="HCA09F3C3C22142C7A5C7F0E285EF72EB"><enum>505.</enum><text display-inline="yes-display-inline">Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances remaining available at
the end of fiscal year 2012 from appropriations for salaries and expenses for
fiscal year 2012 in this Act shall remain available through September 30, 2013,
in the account and for the purposes for which the appropriations were provided:
<italic>Provided</italic>, That prior to the obligation of such funds, a
request shall be submitted to the Committees on Appropriations of the Senate
and the House of Representatives for approval in accordance with section 503 of
this Act.</text>
</section><section id="H01909339DD3F4284AF46AF76CBEA864D"><enum>506.</enum><text display-inline="yes-display-inline">Funds made available by this Act for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of 1947
(<external-xref legal-doc="usc" parsable-cite="usc/50/414">50 U.S.C.
414</external-xref>) during fiscal year 2012 until the enactment of an Act
authorizing intelligence activities for fiscal year 2012.</text>
</section><section id="H035338D175B94406903F7FF90C8B5CAB"><enum>507.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF4CE84FDCEBA4F88B2DDFCB9C164D095"><enum>(a)</enum><text>Except as provided in
subsections (b) and (c), none of the funds made available by this Act may be
used to—</text>
<paragraph id="H263173D77F354B0795B7A3F84BE2EA1F"><enum>(1)</enum><text>make or award a
grant allocation, grant, contract, other transaction agreement, task or
delivery order on a Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of $1,000,000;</text>
</paragraph><paragraph id="H38FF1F1E07B24079B14E42059F9354A9"><enum>(2)</enum><text>award a task order
requiring an obligation of funds in an amount greater than $25,000,000 from
multi-year Department of Homeland Security funds or a task order that would
cause cumulative obligations of multi-year funds in a single account to exceed
50 percent of the total amount appropriated; or</text>
</paragraph><paragraph id="HC4E83A43696A4092BFD679177A7332AF"><enum>(3)</enum><text>announce publicly
the intention to make or award items under paragraph (1) or (2), including a
contract covered by the Federal Acquisition Regulation.</text>
</paragraph></subsection><subsection id="HE294A089D86341878257B2B80D4A5FB3"><enum>(b)</enum><text>The Secretary of
Homeland Security may waive the prohibition under subsection (a) if the
Secretary notifies the Committees on Appropriations of the Senate and the House
of Representatives at least three full business days in advance of making an
award or issuing a letter as described in that subsection.</text>
</subsection><subsection id="H50A1E4F8CFF74E0BA03D9803A645DBC7"><enum>(c)</enum><text>If the Secretary
of Homeland Security determines that compliance with this section would pose a
substantial risk to human life, health, or safety, an award may be made without
notification, then the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than five full
business days after such an award is made or letter issued.</text>
</subsection><subsection id="H9816BA8A017C421DBB6B66F77B98B9AC"><enum>(d)</enum><text>A notification
under this section—</text>
<paragraph changed="added" id="H1E06372AA62644629A5975A57470E7D2"><enum>(1)</enum><text>may not involve
funds that are not available for obligation; and</text>
</paragraph><paragraph changed="added" id="HF781B32B47A541FC8689A21821031902"><enum>(2)</enum><text>shall include the
amount of the award, the fiscal year for which the funds for the award were
appropriated, and the account from which the funds are being drawn.</text>
</paragraph></subsection><subsection id="HF380CC4BC67E4284954FBAE5921E35AA"><enum>(e)</enum><text>The Administrator
of the Federal Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives five full
business days in advance of announcing publicly the intention of making an
award under “State and Local Programs”</text>
</subsection></section><section id="H6B2CC76608334E1CB885DD79AF93C6EE"><enum>508.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
no agency shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of Representatives,
except that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training that cannot be accommodated in existing Center
facilities.</text>
</section><section id="H849545D4AB924543BC703241F52B2392"><enum>509.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus otherwise
required under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/40/33">chapter 33</external-xref> of title 40,
United States Code, has not been approved, except that necessary funds may be
expended for each project for required expenses for the development of a
proposed prospectus.</text>
</section><section id="H1C967660504F41B2B2B6B516E34A7CB2"><enum>510.</enum><text display-inline="yes-display-inline">Sections 520, 522, and 530 of the
Department of Homeland Security Appropriations Act, 2008 (division E of
<external-xref legal-doc="public-law" parsable-cite="pl/110/161">Public Law 110–161</external-xref>; 121 Stat. 2042 et seq.) shall apply with respect to
funds made available in this Act in the same manner as such sections applied to
funds made available in that Act.</text>
</section><section id="HAD1057EA99D54597A3CB66925EF7B22E"><enum>511.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used in contravention of the applicable provisions of the Buy
American Act (<external-xref legal-doc="usc" parsable-cite="usc/41/10a">41
U.S.C. 10a et seq.</external-xref>).</text>
</section><section id="HC1CB580C643B4260ACF52FFBF2E9852E"><enum>512.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used by any person other than the Privacy Officer appointed under
subsection (a) of section 222 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/142">6 U.S.C.
142(a)</external-xref>) to alter, direct that changes be made to, delay, or
prohibit the transmission to Congress of any report prepared under paragraph
(6) of such subsection.</text>
</section><section id="H629DB58784764468B727042646C59E5D"><enum>513.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1448">8 U.S.C. 1448</external-xref>).</text>
</section><section id="H9D0E89360E684AC1A9E05ECAEDAD4CFB"><enum>514.</enum><text display-inline="yes-display-inline">Within 45 days after the end of each month,
the Chief Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month that
includes total obligations, on-board versus funded full-time equivalent
staffing levels, and the number of contract employees for each office of the
Department.</text>
</section><section id="H9996EDC221DA4D1D85D5CE44475CA2BD"><enum>515.</enum><text display-inline="yes-display-inline">Except as provided in
<external-xref legal-doc="usc" parsable-cite="usc/49/44945">section
44945</external-xref> of title 49, United States Code, funds appropriated for
or transferred to <quote>Transportation Security Administration, Aviation
Security</quote>, <quote>Transportation Security Administration,
Administration</quote>, and <quote>Transportation Security Administration,
Transportation Security Support</quote> for fiscal years 2004, 2005, 2006,
2007, 2008, 2009, and 2010 that are recovered or deobligated shall be available
only for the procurement or installation of explosives detection systems, air
cargo, baggage, and checkpoint screening systems, subject to notification:
<italic>Provided</italic>, That quarterly reports shall be submitted to the
Committees on Appropriations of the Senate and the House of Representatives on
any funds that are so recovered or deobligated.</text>
</section><section id="H45B0BCA6E3364849B38256DDB3EC7C00"><enum>516.</enum><text display-inline="yes-display-inline">Any funds appropriated to <quote>Coast
Guard, Acquisition, Construction, and Improvements</quote> for fiscal years
2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended for
the Fast Response Cutter program.</text>
</section><section id="HE1DD17C404B846E9A0D145DCCC7C0CDB"><enum>517.</enum><text display-inline="yes-display-inline">Section 532(a) of
<external-xref legal-doc="public-law" parsable-cite="pl/109/295">Public Law 109–295</external-xref> (120 Stat. 1384) is amended by striking
<quote>2010</quote> and inserting <quote>2012</quote>.</text>
</section><section id="HF24CC58A5EF349BCACFADDB367DA9EB8"><enum>518.</enum><text display-inline="yes-display-inline">The functions of the Federal Law
Enforcement Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory Reform Act of
1998 (<external-xref legal-doc="usc" parsable-cite="usc/31/501">31 U.S.C.
501</external-xref> note).</text>
</section><section id="H5064A611058E4980BFB5E4D18736BE15"><enum>519.</enum><subsection commented="no" display-inline="yes-display-inline" id="H18CBB0046A574D02B8F99541FCE4C429"><enum>(a)</enum><text>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.</text>
</subsection><subsection id="HB387B2672A374D2987001748612BC8A6"><enum>(b)</enum><text>Subsection (a)
does not apply to obligation of funds for a contract awarded—</text>
<paragraph id="H531FDE3C2B1D4F4DA577F83A247F62BB"><enum>(1)</enum><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/41/46">41 U.S.C. 46 et seq.</external-xref>);</text>
</paragraph><paragraph id="HB16936F813DD406DAFE913936D613C42"><enum>(2)</enum><text>pursuant to the
Small Business Act (<external-xref legal-doc="usc" parsable-cite="usc/15/631">15 U.S.C. 631 et seq.</external-xref>);</text>
</paragraph><paragraph id="HA72412E430624E8C9C0EB86FB505F030"><enum>(3)</enum><text>in an amount less
than the simplified acquisition threshold described under section 302A(a) of
the Federal Property and Administrative Services Act of 1949 (<external-xref legal-doc="usc" parsable-cite="usc/41/252a">41 U.S.C. 252a(a)</external-xref>);
or</text>
</paragraph><paragraph id="H4BE91EB0C3154DDFA8D967FBA3E2436F"><enum>(4)</enum><text>by another Federal
agency using funds provided through an interagency agreement.</text>
</paragraph></subsection><subsection id="H79B003C5025C4D6C8505AF49DDE6BF55"><enum>(c)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H68A306039AB948F0BA4189839CE9E914"><enum>(1)</enum><text>Subject to paragraph
(2), the Secretary of Homeland Security may waive the application of this
section 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.</text>
</paragraph><paragraph id="H7C4E7E378D35402AACE24A4A96636CF4" indent="up1"><enum>(2)</enum><text>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 Senate and the House of Representatives,
including a description of the applicable contract to which the waiver applies
and an explanation of why the waiver authority was used:
<italic>Provided</italic>, That the Secretary may not delegate the authority to
grant such a waiver.</text>
</paragraph></subsection><subsection id="H7C2EB19526ED413486932C1836D3B1F4"><enum>(d)</enum><text>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 review
departmental contracts awarded through means other than a full and open
competition to assess departmental compliance with applicable laws and
regulations: <italic>Provided</italic>, That the Inspector General shall review
selected contracts awarded in the previous fiscal year through means other than
a full and open competition: <italic>Provided further</italic>, That in
selecting which contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided under the
contract, the criticality of the contract to fulfilling Department missions,
past performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance, and such
other factors as the Inspector General deems relevant: <italic>Provided
further</italic>, That the Inspector General shall report the results of the
reviews to the Committees on Appropriations of the Senate and the House of
Representatives no later than February 6, 2012.</text>
</subsection></section><section id="H42847FB1AC6C49259A39BD0A1F3E2DDE"><enum>520.</enum><text display-inline="yes-display-inline">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 successor position, for any event that is
declared a major disaster or emergency under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. et seq.).</text>
</section><section id="H68654AB421DB4DCCAF564234FFD7FEF7"><enum>521.</enum><text display-inline="yes-display-inline">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 (<external-xref legal-doc="public-law" parsable-cite="pl/108/458">Public Law 108–458</external-xref>; 118 Stat. 3724)
unless the Assistant Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007, that butane
lighters are not a significant threat to civil aviation security.</text>
</section><section id="HCCCC5C8ADC6840EE96D31BFFCADED75D"><enum>522.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to carry out section 872 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/452">6 U.S.C.
452</external-xref>).</text>
</section><section id="HBA7DC5A585804846BA2E1605B5CE31D0"><enum>523.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used by United States Citizenship and Immigration 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 Services, and the results do not
preclude the granting of the benefit.</text>
</section><section id="H5B6B83F3E53E4020BD70B49A6E7B30A3"><enum>524.</enum><text display-inline="yes-display-inline">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 Department of Homeland Security that has become unfit for service,
unless the trainer or handler is first given the option to take possession of
the equine through an adoption program that has safeguards against slaughter
and inhumane treatment.</text>
</section><section id="H2036CCF53B754B2388647E4AF7F53C14"><enum>525.</enum><text display-inline="yes-display-inline">Section 831 of the Homeland Security Act of
2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/391">6 U.S.C.
391</external-xref>) is amended—</text>
<paragraph id="H2D9B9A42F2D14B2F92C9EFC722579D46"><enum>(1)</enum><text>in subsection (a),
by striking <quote>Until September 30, 2011,</quote> and inserting <quote>Until
September 30, 2012,</quote>; and</text>
</paragraph><paragraph id="H773F113CBC4B47DFB84C0C42D3843C2D"><enum>(2)</enum><text>in subsection
(d)(1), by striking <quote>September 30, 2011,</quote> and inserting
<quote>September 30, 2012,</quote>.</text>
</paragraph></section><section id="HE27D656C4DBA401CA0F7BDC4BE1B0B85"><enum>526.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="HD700D2518ABB4BFB877A32A5843AEACB"><enum>527.</enum><text display-inline="yes-display-inline">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 Security that are not verified
through the E-Verify Program established under section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C. 1324a</external-xref>
note).</text>
</section><section id="H16B62CB981D94D17848C07555046C24B"><enum>528.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, That the prescription drug may not be—</text>
<paragraph id="H9503CA873AE248E792B490960846FD6D"><enum>(1)</enum><text>a
controlled substance, as defined in section 102 of the Controlled Substances
Act (<external-xref legal-doc="usc" parsable-cite="usc/21/802">21 U.S.C.
802</external-xref>); or</text>
</paragraph><paragraph id="HC890283B8CD94208964C6F4889415CA3"><enum>(2)</enum><text>a
biological product, as defined in section 351 of the Public Health Service Act
(<external-xref legal-doc="usc" parsable-cite="usc/42/262">42 U.S.C.
262</external-xref>).</text>
</paragraph></section><section id="H7B095DF626E041A1BAA71C2ED26EE355"><enum>529.</enum><text display-inline="yes-display-inline">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 subsection (g)(4)(B) of title 31, United
States Code (as added by
<external-xref legal-doc="public-law" parsable-cite="pl/102/393">Public Law 102–393</external-xref>) from the Department of the Treasury Forfeiture Fund to
any agency within the Department of Homeland Security:
<italic>Provided</italic>, 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.</text>
</section><section id="H4A2FC6A3D103461DACD6457167BA5387"><enum>530.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for planning, testing, piloting, or developing a national
identification card.</text>
</section><section id="H8F9A25A50BE84FC39BCCF0AD27A742BE"><enum>531.</enum><text display-inline="yes-display-inline">If the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines 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 (<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C.
1324a</external-xref> 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 non-participation.</text>
</section><section id="H3F7DC13F295744C0994192C3BB26F487"><enum>532.</enum><subsection commented="no" display-inline="yes-display-inline" id="H9C10AC8799484421B68DC2F3FE2D096B"><enum>(a)</enum><text>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 submit to the Committee 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, 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 summarize
damage assessment information used to determine whether to declare a major
disaster.</text>
</subsection><subsection id="H85A33D55469D4E11901351EA112FA575"><enum>(b)</enum><text>The Administrator
may redact from a report under subsection (a) any data that the Administrator
determines would compromise national security.</text>
</subsection><subsection id="HBCC9F98266924AF3B3F87D68EB91D22C"><enum>(c)</enum><text>In this
section—</text>
<paragraph id="HC17B85E06D8941D4902537FFD1ABC779"><enum>(1)</enum><text>the term
<quote>Administrator</quote> means the Administrator of the Federal Emergency
Management Agency; and</text>
</paragraph><paragraph id="HE2826DBEF3274F87B59E0B08A81DA0E1"><enum>(2)</enum><text>the term
<quote>major disaster</quote> has the meaning given that term in section 102 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(<external-xref legal-doc="usc" parsable-cite="usc/42/5122">42 U.S.C.
5122</external-xref>).</text>
</paragraph></subsection></section><section id="H7D7C62F3EDC747D1A918215CC89A1840"><enum>533.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF7747F61454940BCA1C38D0F9213DB6A"><enum>(a)</enum><text display-inline="yes-display-inline">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
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 that support Plum
Island operations, subject to such terms and conditions as may be necessary to
protect Government interests and meet program requirements.</text>
</subsection><subsection id="H88094B5C5D16432EA1F086DE2EA3EE9C"><enum>(b)</enum><text>The proceeds of
any sale described in subsection (a) shall be deposited as offsetting
collections into the Department of Homeland Security <quote>Science and
Technology, Research, Development, Acquisition, and Operations</quote> 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.</text>
</subsection></section><section id="HEF0A2734CEBC4D7F9068172777EC28BD"><enum>534.</enum><text display-inline="yes-display-inline">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 specifically authorized herein.</text>
</section><section id="H20CC737E8050402F84C9C22765185324"><enum>535.</enum><text display-inline="yes-display-inline">Section 550(b) of the Department of
Homeland Security Appropriations Act, 2007 (<external-xref legal-doc="public-law" parsable-cite="pl/109/295">Public Law 109–295</external-xref>;
<external-xref legal-doc="usc" parsable-cite="usc/6/121">6 U.S.C.
121</external-xref> note) is further amended by striking <quote>2011</quote>
and inserting <quote>2012</quote>.</text>
</section><section id="HD55029D699DD469ABE8D51B00EAC876D"><enum>536.</enum><text display-inline="yes-display-inline">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, including detaining, accepting custody of, or
extending immigration benefits to, Khalid Sheikh Mohammed or any other detainee
who—</text>
<paragraph id="HB5B1F13FD20948C780BF9AB5C436FE54"><enum>(1)</enum><text>is not a United
States citizen or a member of the Armed Forces of the United States; and</text>
</paragraph><paragraph id="H3CC62D327E264BDE9D8EC1061757FF00"><enum>(2)</enum><text>is or was held on
or after June 24, 2009, at the United States Naval Station, Guantanamo Bay,
Cuba, by the Department of Defense.</text>
</paragraph></section><section id="H58E2246EF7EC423BADE13CE0CC99389C"><enum>537.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H241174F266B34641A51CEA5871D7209F"><enum>538.</enum><text display-inline="yes-display-inline">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 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.</text>
</section><section id="HC7588FCE1A6A4F35B70C70EB62326295"><enum>539.</enum><text display-inline="yes-display-inline">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 (<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C. 1324a(h)(3)</external-xref>).</text>
</section><section id="H28762A90C7E94594B1AE2E1CE9470999"><enum>540.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6C55A0753F744A4BB39C5D58F630ADDF"><enum>(a)</enum><text>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—</text>
<paragraph id="H7458DB47CE3046988164633DF35E374F"><enum>(1)</enum><text>the National
Institute for Standards and Technology Special Publication 800–30, entitled
<quote>Risk Management Guide for Information Technology Systems</quote>;</text>
</paragraph><paragraph id="H2B47BC0535F246CA83BB5863BDFBC3E6"><enum>(2)</enum><text>the National
Institute for Standards and Technology Special Publication 800–53, Revision 3,
entitled <quote>Recommended Security Controls for Federal Information Systems
and Organizations</quote>; and</text>
</paragraph><paragraph id="HA17F39D1F4C6490295A72136C3ADC901"><enum>(3)</enum><text>any supplemental
standards established by the Assistant Secretary of Homeland Security
(Transportation Security Administration) (referred to in this section as the
<quote>Assistant Secretary</quote>).</text>
</paragraph></subsection><subsection id="H34F53AE6E1B74A5585061D435560307E"><enum>(b)</enum><text>The airport
authority or air carrier operator that sponsors the company under the
Registered Traveler program shall be known as the Sponsoring Entity.</text>
</subsection><subsection id="H666D77E4C4FF426AADE46D54774EAC14"><enum>(c)</enum><text>The Assistant
Secretary 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 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
procedures used by the company to comply with such requirements.</text>
</subsection><subsection id="H67BE780A503D4823A63CD8E811CD6C01"><enum>(d)</enum><text>Not later than 90
days after the date of enactment 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 description of—</text>
<paragraph id="H40CA741285AE44AF9B2AE5C9E0B4E340"><enum>(1)</enum><text>the procedures
that have been used to safeguard and dispose of personal information collected
through the Registered Traveler program; and</text>
</paragraph><paragraph id="H52F167EA907548FCBFC9CFE193811C91"><enum>(2)</enum><text>the status of any
certifications required to be submitted by subsection (c).</text>
</paragraph></subsection></section><section id="H46E681F97B9D426BB6D8394335B490DB"><enum>541.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H10C8EAD74ED9457A915B172AC557D633"><enum>542.</enum><subsection commented="no" display-inline="yes-display-inline" id="H0A0D26D9352C48B8BFDD9D57AD9B5C7D"><enum>(a)</enum><text>Not later than 180 days
after the date of enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall submit to the
Committees on Appropriations of the Senate and the House of Representatives, a
report that either—</text>
<paragraph id="H1252A8D70857453BA624098C34883204"><enum>(1)</enum><text>certifies that the
requirement for screening all air cargo on passenger aircraft by the deadline
under <external-xref legal-doc="usc" parsable-cite="usc/49/44901">section
44901(g)</external-xref> of title 49, United States Code, has been met;
or</text>
</paragraph><paragraph id="H378970549FF5477697F52BEF458EF3EB"><enum>(2)</enum><text>includes a
strategy to comply with the requirements under title 44901(g) of title 49,
United States Code, including—</text>
<subparagraph id="HA7EF4CA83936431284377290B3C6A528"><enum>(A)</enum><text>a plan to meet the
requirement under <external-xref legal-doc="usc" parsable-cite="usc/49/44901">section 44901(g)</external-xref> 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</text>
</subparagraph><subparagraph id="H7CA42E1539854505B70C724462FF0BFC"><enum>(B)</enum><text>specification
of—</text>
<clause id="H3AF062B5FE0F47E3A32ACB94793A7FFB"><enum>(i)</enum><text>the
percentage of such air cargo that is being screened; and</text>
</clause><clause id="HD5887D23CD334379BD3A8013E6F6101C"><enum>(ii)</enum><text>the
schedule for achieving screening of 100 percent of such air cargo.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H0496C870A3CC41DCB5E6C17EC4CFB15A"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="HAF677A8F78084455BA7F7C13B669B5CF"><enum>543.</enum><text display-inline="yes-display-inline">In developing any process to screen
aviation 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
consistent with applicable laws, regulations, and guidance.</text>
</section><section id="H6352792ED34B48DB8B105546B489D8DE"><enum>544.</enum><text display-inline="yes-display-inline">Sections 1309(a) and 1319 of the National
Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4016">42 U.S.C. 4016(a)</external-xref> and 4026) shall
each be amended by striking <quote>September 30, 2011</quote> and inserting
<quote>September 30, 2012</quote>.</text>
</section><section id="HD74A552178864B84B2D57E40DA28DBCD"><enum>545.</enum><subsection commented="no" display-inline="yes-display-inline" id="H9655A89906DC44D19249E98A5AEA713F"><enum>(a)</enum><text>Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/8/1356">section
1356(n)</external-xref> 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.</text>
<paragraph id="HEE116981118A40268B3C7EB4E7651B91" indent="up1"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section id="HE98DD2C7DDAB4B30BF0ECEEB25A97B30"><enum>546.</enum><text display-inline="yes-display-inline">Of the funds transferred to the Department
of Homeland Security when it was created in 2003, the following funds are
hereby rescinded from the following accounts and programs in the specified
amounts:</text>
<paragraph id="H19E4911D1F22413A9FFE8F733B768671"><enum>(1)</enum><text>$20,997,225 from
<quote>U.S. Immigration and Customs Enforcement, Salaries and
Expenses</quote>.</text>
</paragraph><paragraph id="HD24C943EB1A8400B9458E8BB278EFCFB"><enum>(2)</enum><text>$594,945 from
<quote>Violent Crime Reduction Programs</quote>.</text>
</paragraph></section><section id="HCD7DACE6D4C84A088C195B40E9CD82C4"><enum>547.</enum><text display-inline="yes-display-inline">Of the following unobligated balances
available for <quote>Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Construction</quote>, $11,300,000 is rescinded.</text>
</section><enum>VI</enum>
<appropriations-major id="HF64670C878F14947865D87B50CD42180"><header>Emergency supplemental funding
for disaster relief</header>
</appropriations-major><appropriations-small id="HB22139703F0B4E9783DC748C944DBC9F"><header>(including
rescission and transfer of funds)</header>
</appropriations-small><section id="HE1D8F8CC3D5E43FEBCEC52E710BACE4D"><enum>601.</enum><text display-inline="yes-display-inline">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
<external-xref legal-doc="public-law" parsable-cite="pl/110/329">Public Law 110–329</external-xref>), $500,000,000 is rescinded and $1,000,000,000 is
hereby transferred to and merged with <quote>Department of Homeland
Security—Federal Emergency Management Agency—Disaster Relief</quote>:
<italic>Provided</italic>, That the amount transferred by this section is
designated as an emergency pursuant to section 3(c)(1) of H. Res. 5 (112th
Congress).</text>
</section><enum>VII</enum>
<appropriations-major id="HE11E8B86608A4F2589B6C3E88513AE53"><header>SPENDING REDUCTION
ACCOUNT</header>
</appropriations-major><section id="HC22626CC09E246AC8A72E18569400326"><enum>701.</enum><text display-inline="yes-display-inline">The amount by which the applicable
allocation of new budget authority made by the Committee on Appropriations of
the House of Representatives under section 302(b) of the Congressional Budget
Act of 1974 exceeds the amount of proposed new budget authority is $0
(increased by $600,000).</text>
</section><section id="H19E7851F542C405686DA8534F0DFA5F2"><enum>702.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used in contravention of section 642(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (<external-xref legal-doc="usc" parsable-cite="usc/8/1373">8 U.S.C. 1373(a)</external-xref>).</text>
</section><section id="H6D36ECA0DCD04DE19A09B3A5EC38A110"><enum>703.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to parole an alien into the United States, or grant deferred
action of a final order of removal, for any reason other than on a case-by-case
basis for urgent humanitarian reasons or significant public benefit.</text>
</section><section id="H84D7FC8AE8BC4B2C886B6B14DD9A4EEA"><enum>704.</enum><text display-inline="yes-display-inline">None of the funds made available under this
Act may be used to require an approved Transportation Worker Identification
Credential (TWIC) applicant to personally appear at a designated enrollment
center for the purpose of TWIC issuance, renewal, or activation.</text>
</section><section id="H812C6CED5B9F460BBEB0BB80FB1310FA"><enum>705.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used by the Department of Homeland Security to lease or purchase new
light duty vehicles, for any executive fleet, or for an agency’s fleet
inventory, except in accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.</text>
</section><section id="HC7B7AB18878248CAB7D4D70427934D04"><enum>706.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used in contravention of
<external-xref legal-doc="usc" parsable-cite="usc/49/44917">section
44917</external-xref> of title 49, United States Code.</text>
</section><section id="H7F63114717C5469D91A0A1BD85293F5E"><enum>707.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used for the Climate Change Adaptation Task Force of the Department
of Homeland Security.</text>
</section><section id="H2C2452F846EE4C839E6107004369DC5C"><enum>708.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to enforce the requirements in—</text>
<paragraph id="HB4641313C22D47E284A7202153861754"><enum>(1)</enum><text display-inline="yes-display-inline">section 34(a)(1)(A) of the Federal Fire
Prevention and Control Act of 1974 (<external-xref legal-doc="usc" parsable-cite="usc/15/2229">15 U.S.C. 2229(a)(1)(A)</external-xref>);</text>
</paragraph><paragraph id="HDB922A91C1B74422BDFAC6180777366E"><enum>(2)</enum><text>section
34(a)(1)(B) of such Act;</text>
</paragraph><paragraph id="HCD63BEE8260E4746B37C5F8020738CB7"><enum>(3)</enum><text display-inline="yes-display-inline">section 34(c)(1) of such Act;</text>
</paragraph><paragraph id="HC9A8971848FC4AFC8E06A21C3C795FF5"><enum>(4)</enum><text display-inline="yes-display-inline">section 34(c)(2) of such Act;</text>
</paragraph><paragraph id="HCEBC03E2B41349B68241D95D08673B3D"><enum>(5)</enum><text display-inline="yes-display-inline">section 34(c)(4)(A) of such Act; and</text>
</paragraph><paragraph id="HD0E0BCC1FAC74B3DA73016384C52DCE7"><enum>(6)</enum><text display-inline="yes-display-inline">section 34(a)(1)(E) of such Act.</text>
</paragraph></section><section id="HC9249B28B1D446E684C230FCB8942DF7"><enum>709.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act shall be made available to the Association of Community Organizations for
Reform Now, Acorn Beneficial Assoc., Inc., Arkansas Broadcast Foundation, Inc.,
Acorn Children’s Beneficial Assoc., Arkansas Community Housing Corp., Acorn
Community Land Assoc., Inc., Acorn Community Land Assoc. of Illinois, Acorn
Community Land Association of Louisiana, Acorn Community Land Assoc. of
Pennsylvania, ACORN COMMUNITY LABOR ORGANIZING CENTER, ACORN Beverly LLC, ACORN
Canada, ACORN Center for Housing, ACORN Housing Affordable Loans LLC, Acorn
Housing 1 Associates, LP, Acorn Housing 2 Associates, LP, ACORN Housing 3
Associates LP, ACORN Housing 4 Associates, L.P., ACORN International, ACORN
VOTES, Acorn 2004 Housing Development Fund Corporation, ACRMW, ACSI, Acorn
Cultural Trust, Inc., American Environmental Justice Project, Inc., ACORN Fund,
Inc., Acorn Fair Housing Organization, Inc., Acorn Foster Parents, Inc., Agape
Broadcast Foundation Inc., Acorn Housing Corporation, Arkansas Acorn Housing
Corporation, Acorn Housing Corp. of Arizona, Acorn Housing Corp. of Illinois,
Acorn Housing Corp. of Missouri, New Jersey ACORN Housing Corporation, Inc.,
AHCNY, Acorn Housing Corp. of Pennsylvania, Texas ACORN Housing Corporation,
Inc., American Institute for Social Justice, Acorn law for Education, Rep.
& Training, Acorn Law Reform Pac, Affiliated Media Foundation Movement,
Albuquerque Minimum Wage Committee, Acorn National Broadcasting Network,
Arkansas New Party, Arkansas Acorn Political Action Committee, Association for
Rights of Citizens, Acorn Services, Inc., Acorn Television in Action for
Communities, Acorn Tenants’ Union, Inc., Acorn Tenant Union Training & Org.
Project, AWA, Baltimore Organizing Support Center, Inc., Bronx Parent
Leadership, Baton Rouge ACORN Education Project, Inc., Baton Rouge Assoc. of
School Employees, Broad Street Corporation, California Acorn Political Action
Committee, Citizens Action Research Project, Council Beneficial Association,
Citizens Campaign for Fair Work, Living Wage Etc., Citizens Consulting, Inc.,
California Community Network, Citizens for April Troope, Clean Government Pac,
Chicago Organizing and Support Center, Inc., Council Health Plan, Citizens
Services Society, Campaign For Justice at Avondale, CLOC, Community and Labor
for Baltimore, Chief Organizer Fund, Colorado Organizing and Support Center,
Community Real Estate Processing, Inc., Campaign to Reward Work, Citizens
Services Incorporated, Elysian Fields Corporation, Environmental Justice
Training Project, Inc., Franklin Acorn Housing Corporation, Flagstaff Broadcast
Foundation, Floridians for All PAC, Fifteenth Street Corporation, Friends of
Wendy Foy, Greenwell Springs Corporations, Genevieve Stewart Campaign Fund,
Hammurabi Fund, Houston Organizing Support Center, Hospitality Hotel and
Restaurant Org. Council, Iowa ACORN Broadcasting Corp., Illinois Home Day Care
Workers Association, Inc., Illinois Acorn Political Action Committee, Illinois
New Party, Illinois New Party Political Committee, Institute for Worker
Education, Inc., Jefferson Association of Parish Employees, Jefferson
Association of School Employees, Johnnie Pugh Campaign Fund, Louisiana ACORN,
New York Communities for Change, Affordable Housing Centers of America, Action
Now, Pennsylvania Communities Organizing for Change, Arkansas Community
Organizations (ACO), The Alliance of Californians for Community Empowerment,
New England United for Justice, Texas Organizing Project, Minnesota,
Neighborhoods Organizing for Change, Organization United for Reform,
Missourians Organizing for Reform and Empowerment, A Community Voice, Community
Organizations International, Applied Research Center, or the Working Families
Party.</text>
</section><section id="H2AFB327FF8794AD484023B1F8AE2C3AE"><enum>710.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used in contravention of section 236(c) of the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1226">8
U.S.C. 1226(c)</external-xref>).</text>
</section><section id="H6ACB6ED063254778A7BF5F94ED9C0132"><enum>711.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used for any action by a political appointee (as that term is
defined in <external-xref legal-doc="usc" parsable-cite="usc/49/106">section
106</external-xref> of title 49, United States Code) to delay, vacate, or
reverse any decision by an employee in the Privacy Office of the Department of
Homeland Security to make records available pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/5/552">section
552</external-xref> of title 5, United States Code, popularly known as the
Freedom of Information Act.</text>
</section><section id="H01A23E4ECE7D4FFD98FC8337C8D07D04"><enum>712.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement the determination of the Administrator of the
Transportation Security Administration regarding transportation security
officers and collective bargaining as described in the decision memorandum
dated February 4, 2011.</text>
</section><section id="H9452B8B8424840CBBCCA66B559EC0184"><enum>713.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement any rule, regulation, or executive order regarding
the disclosure of political contributions that takes effect on or after the
date of enactment of this Act.</text>
</section><section id="H32F64943DC2346DF970B1D59B8E7ACC2"><enum>714.</enum><text display-inline="yes-display-inline">Of the amount made available for screening
operations under the heading: <quote>Transportation Security
Administration—Aviation Security</quote>, not more than $2,760,503,458 may be
used for screener personnel, compensation, and benefits.</text>
</section><section display-inline="no-display-inline" id="HDECAD13BB4A8441CB95D5E3A68922612" section-type="undesignated-section"><text display-inline="yes-display-inline">This Act may be cited as the
<quote><short-title>Department of Homeland Security
Appropriations Act, 2012 </short-title></quote>.</text>
</section>
Passed the House of
Representatives June 2, 2011.
Karen L. Haas,
Clerk.