[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2017 Reported in House (RH)]
Union Calendar No. 50
112th CONGRESS
1st Session
H. R. 2017
[Report No. 112-91]
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2012, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2011
Mr. Aderholt introduced the following bill; which was referred to the
Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $126,700,000: Provided, 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: Provided
further, 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: Provided further, 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.
Office of the Under Secretary for Management
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, of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, 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.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $50,860,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$261,300,000, of which $105,500,000 shall be available for salaries and
expenses; and of which $155,800,000, 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: Provided, 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:
Provided further, 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: Provided further, 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 section
1105(a) of title 31, United States Code, a multi-year investment and
management plan for all information technology acquisition projects
that includes--
(1) 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;
(2) 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;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) a current acquisition program baseline for each
project, that--
(A) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline;
(B) 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
(C) defines life-cycle costs for such programs.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $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.
Office of Inspector General
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.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
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, 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 section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
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 (19 U.S.C. 58c(f)(3)), 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: Provided, That for fiscal year 2012, the overtime
limitation prescribed in section 5(c)(1) of the Act of February 13,
1911 (19 U.S.C. 267(c)(1)) 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: Provided further, 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 section
1105(a) of title 31, United States Code, a multi-year investment and
management plan for Inspection and Detection Technology that identifies
for each technology--
(1) the inventory of Inspection and Detection Technology by
location and date of deployment;
(2) the proposed appropriations included in the budget
subdivided by the proposed appropriations for procurement,
including quantity, deployment, and operations and maintenance;
(3) projected funding levels for procurement in quantity,
deployment, and operations and maintenance for each of the next
three fiscal years; and
(4) a current acquisition program baseline that--
(A) 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;
(B) 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
(C) 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.
automation modernization
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: Provided, 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: Provided further, 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 section 1105(a) of title 31, United States
Code, a multi-year investment and management plan for the funds made
available under this heading that includes--
(1) 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;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and
new capabilities proposed in such budget or underway;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) current acquisition program baselines for the Automated
Commercial Environment and TECS Modernization respectively,
that--
(A) note and explain any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline;
(B) 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
(C) define life-cycle costs for these programs.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $500,000,000, to remain available until September 30, 2014:
Provided, 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: Provided further, 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 section
1105(a) 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--
(1) 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;
(2) 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
(3) a current acquisition program baseline that--
(A) 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;
(B) 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
(C) 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.
air and marine interdiction, operations, maintenance, and procurement
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:
Provided, 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: Provided further, 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 Public Law 109-90 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.
construction and facilities management
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: Provided, 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: Provided further,
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
section 1105(a) 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.
U.S. Immigration and Customs Enforcement
salaries and expenses
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, 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 (19 U.S.C. 2081); 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 shall be used to facilitate agreements
consistent with section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); 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: Provided, 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: Provided further, 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: Provided further, 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: Provided further, 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: Provided further, That the Secretary
shall prioritize the identification and removal of aliens convicted of
a crime by the severity of that crime: Provided further, That the
funding made available under this heading shall maintain a level of not
less than 34,000 detention beds through September 30, 2012: Provided
further, 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: Provided further, That of
the total amount provided, $10,300,000 shall remain available until
September 30, 2013, for the Visa Security Program: Provided further,
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 (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been violated: Provided further, 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 ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, 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 (8
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens
convicted of a crime.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $23,860,000, to remain available until September 30, 2016:
Provided, 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 section 1105(a) of title 31, United States Code, a
multi-year investment and management plan for funds made available
under this heading that includes--
(1) 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;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and
new capabilities proposed in such budget or underway;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) current acquisition program baselines for Atlas and
TECS Modernization respectively, that--
(A) note and explain any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline;
(B) 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
(C) define life-cycle costs for these programs.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 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: Provided, 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: Provided further, 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: Provided
further, That notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2012 any funds in the Aviation Security Capital
Fund established by section 44923(h) 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):
Provided further, 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:
Provided further, That the preceding proviso shall not apply to
personnel hired as part-time employees: Provided further, 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--
(1) 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;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener workforce
in the most cost effective manner; and
(3) 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:
Provided further, 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: Provided further, That security service fees authorized
under section 44940 of title 49, United States Code, shall be credited
to this appropriation as offsetting collections and shall be available
only for aviation security: Provided further, 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:
Provided further, That any security service fees collected in excess of
the amount made available under this heading shall be available for
fiscal year 2013: Provided further, 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.
Surface Transportation Security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$129,748,000, to remain available until September 30, 2013.
Transportation Threat Assessment and Credentialing
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.
Transportation Security Support
For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$1,032,790,000, to remain available until September 30, 2013: Provided,
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:
Provided further, That these plans shall be submitted not later than 60
days after the date of enactment of this Act.
Federal Air Marshals
For necessary expenses of the Federal Air Marshals, $961,375,000.
Coast Guard
operating expenses
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
Public Law 97-377 (42 U.S.C. 402 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 (33 U.S.C.
2712(a)(5)); and of which not to exceed $20,000 shall be for official
reception and representation expenses: Provided, That none of the funds
made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation: Provided further, That the Coast Guard
shall comply with the requirements of section 527 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 4331 note)
with respect to the Coast Guard Academy: Provided further, 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 ``Coast Guard,
Acquisition, Construction, and Improvements'' 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: Provided
further, 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.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $10,198,000, to remain available until
September 30, 2016: Provided, 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 section 1105(a) of title 31, United States
Code, to the Committees on Appropriations of the Senate and the House
of Representatives.
reserve training
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.
acquisition, construction, and improvements
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 (33
U.S.C. 2712(a)(5)); 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 section 687 of title 14, United States Code; and of
which $107,942,000 shall be available for personnel compensation and
benefits and related costs: Provided, 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 section 1105(a) of title 31, United
States Code, a future-years capital investment plan for the Coast Guard
that identifies for each requested capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) 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;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal
year; and
(ii) 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;
(C) 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;
(D) 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;
(E) 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;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and
(G) 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:
Provided further, 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 section 1105(a) of title 31, United States
Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and
proposed appropriations shall be identified and justified:
Provided further, That subsections (a) and (b) of section 6402
of Public Law 110-28 shall apply with respect to the amounts
made available under this heading.
research, development, test, and evaluation
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 (33 U.S.C. 2712(a)(5)): Provided, 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: Provided further, That a detailed expenditure
plan for the amount requested under this heading shall be included with
the President's annual budget submission.
retired pay
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 chapter 55 of title 10, United States Code,
$1,440,157,000, to remain available until expended.
United States Secret Service
salaries and expenses
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: Provided, That up to
$18,000,000 for protective travel shall remain available until
September 30, 2013: Provided further, That up to $12,307,000 for
National Special Security Events shall remain available until September
30, 2013: Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements from
Federal agencies and entities, as defined in section 105 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: Provided
further, 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: Provided further, 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: Provided further, That the Director of the United
States Secret Service may enter into an agreement to provide such
protection on a fully reimbursable basis: Provided further, 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: Provided further, 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: Provided further, 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.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $6,780,000, to remain
available until September 30, 2016.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
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: Provided, That not to exceed $5,000 shall be
for official reception and representation expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$891,243,000: Provided, 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: Provided further, 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 section
1105(a) 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--
(1) the inventory of nests and sensors by location and date
of deployment;
(2) the proposed appropriations included in that budget for
each increment sub-divided by procurement, including quantity,
deployment, and operations and maintenance;
(3) projected funding levels for procurements including
quantity, deployment, and operations and maintenance for each
increment for each of the next five fiscal years; and
(4) a current acquisition program baseline that--
(A) 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
(B) 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.
federal protective service
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: Provided, 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; Provided further, 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: Provided further, 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 section 1105(a) of
title 31, United States Code, to the Committees on Appropriations of
the Senate and the House of Representatives.
united states visitor and immigrant status indicator technology
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
(8 U.S.C. 1365a), $297,402,000: Provided, That of the total amount made
available under this heading, $194,295,000 is to remain available until
September 30, 2014: Provided further, 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 Public Law 110-329: Provided further, 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 section
1105(a) 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--
(1) 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;
(2) 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
(3) a detailed accounting of operations and maintenance,
contractor services, and program costs associated with the
management of identity services.
Office of Health Affairs
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: Provided, 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: Provided further,
That not to exceed $3,000 shall be for official reception and
representation expenses: Provided further, 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: Provided further, 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 section 1105(a) of title 31, United States Code, to the
Committees on Appropriations of the Senate and the House of
Representatives.
Federal Emergency Management Agency
management and administration
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 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire
Assistance Act of 2000 (division C, title I, 114 Stat. 583), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 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 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina
Emergency Management Reform Act of 2006 (Public Law 109-295): Provided,
That not to exceed $3,000 shall be for official reception and
representation expenses: Provided further, 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 section
1105(a) of title 31, United States Code: Provided further, 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: Provided
further, 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: Provided further, 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 (Public Law 107-296).
state and local programs
(including transfer of funds)
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:
(1) The State Homeland Security Grant Program under section
2004 of the Homeland Security Act of 2002 (6 U.S.C. 605).
(2) The Urban Area Security Initiative under section 2003
of the Homeland Security Act of 2002 (6 U.S.C. 604),
notwithstanding subsection (c)(1) of such section, funds
provided under this paragraph may be used for grants to
organizations (as described under section 501(c)(3) 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.
(3) The Metropolitan Medical Response System under section
635 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 723).
(4) The Citizen Corps Program, notwithstanding the
requirements of subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 603 et seq.).
(5) 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): Provided, That such public
transportation security assistance shall be provided directly
to public transportation agencies.
(6) Over-the-Road Bus Security Assistance under section
1532 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1182).
(7) Port Security Grants in accordance with 46 U.S.C.
70107.
(8) The Driver's License Security Grants Program in
accordance with section 204 of the REAL ID Act of 2005 (49
U.S.C. 30301 note).
(9) The Interoperable Emergency Communications Grant
Program under section 1809 of the Homeland Security Act of 2002
(6 U.S.C. 579).
Provided, 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: Provided further, That funds provided
under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604)
shall only be provided to the top 10 highest risk urban areas: Provided
further, That notwithstanding subsection (c)(4) of section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605), 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: Provided further, That 10 percent of the
amounts provided under this heading shall be transferred to ``Federal
Emergency Management Agency, Management and Administration'' 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:
Provided further, 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 section 1105(a) of title 31, United States Code:
Provided further, That notwithstanding section 2008(a)(11) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), 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: Provided further, 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: Provided further, 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: Provided further, That for grants under paragraphs (1) and
(2), the installation of communications towers is not considered
construction of a building or other physical facility: Provided
further, That grantees shall provide reports on their use of funds, as
determined necessary by the Secretary: Provided further, 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: Provided
further, 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.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$350,000,000, of which $200,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $150,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2013: Provided, That not to exceed
10 percent of the amount available under this heading shall be
transferred to ``Federal Emergency Management Agency, Management and
Administration'' 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: Provided further,
That an expenditure plan for program administration shall be submitted
at the time that the President's budget is submitted each year under
section 1105(a) of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of Representatives.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $350,000,000: Provided, That not to
exceed 10 percent of the amount available under this heading shall be
transferred to ``Federal Emergency Management Agency, Management and
Administration'' 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: Provided further,
That an expenditure plan for program administration shall be submitted
at the time that the President's budget is submitted each year under
section 1105(a) of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of Representatives.
radiological emergency preparedness program
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 (42 U.S.C. 5196e), 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: Provided, 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:
Provided further, 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.
united states fire administration
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 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $42,538,000.
disaster relief
(including transfers of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$2,650,000,000, to remain available until expended: Provided, 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: Provided further, 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: Provided further, 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: Provided further, That not later than 60 days after the date of
enactment of this Act, $105,600,000 shall be transferred to ``Federal
Emergency Management Agency, Management and Administration'' for
management and administration functions: Provided further, That the
Administrator of the Federal Emergency Management Agency shall submit
the monthly ``Disaster Relief'' report, as specified in Public Law 110-
161, 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: Provided further, 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 ``Disaster Relief'' for the current fiscal year and
the succeeding three fiscal years which shall include--
(1) an estimate, by quarter, for the costs of all
previously designated disasters;
(2) an estimate, by quarter, for the cost of future
disasters based on a five-year average, excluding catastrophic
disasters;
(3) 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
(4) an estimate of the date on which the ``Disaster
Relief'' balance will reach $800,000,000: Provided further,
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: Provided
further, 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: Provided further, 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 ``Disaster Relief''' will reach $800,000,000,
and that the request shall account for all estimated funding
requirements for that fiscal year: Provided further, 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
(42 U.S.C. 5121 et seq.), 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--
(A) the detailed information required in supporting
documentation for reimbursements; and
(B) the necessity for timeliness of agency
billings.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $296,000 is for
the cost of direct loans: Provided, That gross obligations for the
principal amount of direct loans shall not exceed $25,000,000: Provided
further, That the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
flood hazard mapping and risk analysis program
For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $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 (42 U.S.C. 4101(f)(2)), to remain
available until expended: Provided, That total administrative costs
shall not exceed three percent of the total amount appropriated under
this heading.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $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 (42 U.S.C. 4015(d)), which is available for
salaries and expenses associated with flood mitigation and flood
insurance operations; and flood plain management and flood mapping:
Provided, That not to exceed $22,000,000 shall be available for
salaries and expenses associated with flood mitigation and flood
insurance operations: Provided further, That not less than $149,000,000
shall be available for flood plain management and flood mapping:
Provided further, That any additional fees collected pursuant to
section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)) shall be credited as an offsetting collection to this account,
to be available for flood plain management and flood mapping: Provided
further, That in fiscal year 2012, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C.
4017) 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 (42 U.S.C. 4030), and of which $40,000,000 is for flood mitigation
assistance under section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c), notwithstanding subparagraphs (B) and (C) of
subsection (b)(3) and subsection (f) of section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c), and notwithstanding
subsection (a)(7) of section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017): Provided further, 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: Provided further, That total
administrative costs shall not exceed four percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $40,000,000, to remain available until expended:
Provided, That the total administrative costs associated with such
grants shall not exceed three percent of the total amount made
available under this heading.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $120,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
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 (8 U.S.C.
1324a note), to assist United States employers with maintaining a legal
workforce; and of which none of the funds may be used for grants for
immigrant integration: Provided, 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: Provided further, 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.
Federal Law Enforcement Training Center
salaries and expenses
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 section 3109 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: Provided, 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: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended by Public Law 111-83 (123 Stat. 2166), is further
amended by striking ``December 31, 2012'' and inserting ``December 31,
2014'': Provided further, 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: Provided further, 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.
acquisitions, construction, improvements, and related expenses
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: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
SCIENCE AND TECHNOLOGY
Management and Administration
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 (6 U.S.C. 181 et seq.), $140,565,000: Provided,
That not to exceed $10,000 shall be for official reception and
representation expenses.
Research, Development, Acquisition, and Operations
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 (6 U.S.C. 181 et seq.), 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.
DOMESTIC NUCLEAR DETECTION OFFICE
Management and Administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $40,000,000: Provided, That not to exceed $3,000 shall be
for official reception and representation expenses.
Research, Development, and Operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $245,194,000, to
remain available until September 30, 2014.
Systems Acquisition
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: Provided, 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: Provided further, 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: Provided further,
That the Secretary shall continue to consult with the National Academy
of Sciences before making such certifications: Provided further, 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.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. 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.
Sec. 503. (a) 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.
(b) 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.
(c) 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: Provided, 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.
(d) 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.
(e) 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.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2012: Provided, 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: Provided further, 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: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further, That
the Working Capital Fund shall be subject to the requirements of
section 503 of this Act.
Sec. 505. 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: Provided, 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.
Sec. 506. 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 (50 U.S.C.
414) during fiscal year 2012 until the enactment of an Act authorizing
intelligence activities for fiscal year 2012.
Sec. 507. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used to--
(1) 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;
(2) 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
(3) announce publicly the intention to make or award items under
paragraphs (1) or (2), including a contract covered by the Federal
Acquisition Regulation.
(b) 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.
(c) 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.
(d) A notification under this section--
(1) may not involve funds that are not available for obligation;
and
(2) 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.
(e) 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''.
Sec. 508. 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.
Sec. 509. 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 chapter 33 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.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
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.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
Sec. 512. 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 (6 U.S.C.
142(a)) 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.
Sec. 513. 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 (8 U.S.C. 1448).
Sec. 514. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided as of June 1, 2004, by
employees (including employees serving on a temporary or term basis) of
United States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 515. 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.
Sec. 516. Except as provided in section 44945 of title 49, United
States Code, funds appropriated for or transferred to ``Transportation
Security Administration, Aviation Security'', ``Transportation Security
Administration, Administration'', and ``Transportation Security
Administration, Transportation Security Support'' 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: Provided, 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.
Sec. 517. Any funds appropriated to ``Coast Guard, Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2010'' and inserting ``2012''.
Sec. 519. 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
(31 U.S.C. 501 note).
Sec. 520. (a) Except as provided in subsection (b), none of the
funds appropriated in this or any other Act to the Office of the
Secretary and Executive Management, the Office of the Under Secretary
for Management, or the Office of the Chief Financial Officer, may be
obligated for a grant or contract funded under such headings by any
means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) 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.
(2) Not later than five days after the date on which the Secretary
of Homeland Security issues a waiver under this subsection, the
Secretary shall submit notification of that waiver to the Committees on
Appropriations of the 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:
Provided, That the Secretary may not delegate the authority to grant
such a waiver.
(d) In addition to the requirements established by subsections (a),
(b), and (c) of this section, the Inspector General of the Department
of Homeland Security shall review departmental contracts awarded
through means other than a full and open competition to assess
departmental compliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected contracts awarded in
the previous fiscal year through means other than a full and open
competition: Provided further, That in selecting which contracts to
review, the Inspector 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:
Provided further, 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.
Sec. 521. None of the funds provided in this Act or any previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official, or 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.).
Sec. 522. None of the funds made available in this or any other
Act may be used to enforce section 4025(1) of the Intelligence Reform
and Terrorism Prevention Act (Public Law 108-458; 118 Stat. 3724)
unless the 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.
Sec. 523. None of the funds made available in this Act may be used
to carry out section 872 of the Homeland Security Act of 2002 (6 U.S.C.
452).
Sec. 524. None of the funds made available in this Act may be used
by United States Citizenship and 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.
Sec. 525. None of the funds made available in this or any other
Act for fiscal year 2012 and hereafter may be used to destroy or put
out to pasture any horse or other equine belonging to any component or
agency of the 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.
Sec. 526. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2011,'' and inserting ``Until September 30, 2012,''; and
(2) in subsection (d)(1), by striking ``September 30,
2011,'' and inserting ``September 30, 2012,''.
Sec. 527. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 528. None of the funds made available to the Office of the
Secretary and Executive Management under 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 (8 U.S.C. 1324a note).
Sec. 529. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section shall
apply only to individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day supply:
Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 530. 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 Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 531. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 532. 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 (8 U.S.C. 1324a note), the Assistant
Secretary shall certify to the Committees on Appropriations of the
Senate and the House of Representatives that no security risks will
result from such non-participation.
Sec. 533. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event 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.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 534. (a) Notwithstanding any other provision of law during
fiscal year 2012 or any subsequent fiscal year, if the Secretary of
Homeland Security determines that the National Bio- and Agro-defense
Facility 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.
(b) The proceeds of any sale described in subsection (a) shall be
deposited as offsetting collections into the Department of Homeland
Security ``Science and Technology, Research, Development, Acquisition,
and Operations'' account and, subject to appropriation, shall be
available until expended, for site acquisition, construction, and costs
related to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation at Plum
Island, and reimbursement of expenses incurred by the General Services
Administration.
Sec. 535. Any official that is required by this Act to report or
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 536. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
further amended by striking ``2011'' and inserting ``2012''.
Sec. 537. 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--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 538. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 539. 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.
Sec. 540. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 541. (a) Any company that collects or retains personal
information directly from any individual who participates in the
Registered Traveler program of the Transportation Security
Administration shall safeguard and dispose of such information in
accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled ``Recommended
Security Controls for Federal Information Systems and
Organizations''; and
(3) any supplemental standards established by the Assistant
Secretary of Homeland Security (Transportation Security
Administration) (referred to in this section as the ``Assistant
Secretary'').
(b) The airport authority or air carrier operator that sponsors the
company under the Registered Traveler program shall be known as the
Sponsoring Entity.
(c) 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.
(d) 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--
(1) the procedures that have been used to safeguard and
dispose of personal information collected through the
Registered Traveler program; and
(2) the status of any certifications required to be
submitted by subsection (c).
Sec. 542. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 543. (a) 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--
(1) certifies that the requirement for screening all air
cargo on passenger aircraft by the deadline under section
44901(g) of title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code,
including--
(A) a plan to meet the requirement under section
44901(g) of title 49, United States Code, to screen 100
percent of air cargo transported on passenger aircraft
arriving in the United States in foreign air
transportation (as that term is defined in section
40102 of that title); and
(B) specification of--
(i) the percentage of such air cargo that
is being screened; and
(ii) the schedule for achieving screening
of 100 percent of such air cargo.
(b) The Assistant Secretary shall continue to submit reports
described in subsection (a)(2) every 180 days thereafter until the
Assistant Secretary certifies that the Transportation Security
Administration has achieved screening of 100 percent of such air cargo.
Sec. 544. In developing any process to screen 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.
Sec. 545. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall each be
amended by striking ``September 30, 2011'' and inserting ``September
30, 2012''.
Sec. 546. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, $8,500,000 is available to United States Citizenship and
Immigration Services in fiscal year 2012 for the purpose of providing
an immigrant integration grants program.
(b) None of the funds made available to United States Citizenship
and Immigration Service for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 547. (a) The Secretary of Homeland Security may transfer to
the Secretary of the Interior amounts available for environmental
mitigation requirements for ``U.S. Customs and Border Protection,
Border Security Fencing, Infrastructure, and Technology'' for fiscal
years 2009, 2010, 2011, and 2012, for use by the Secretary of the
Interior under laws administered by such Secretary to mitigate adverse
environmental impacts, resulting directly from construction, operation,
and maintenance activities by the Department of Homeland Security
related to border security.
(b) Uses of funds authorized by this section include minimal,
necessary acquisition of land or interests in land that will, in the
judgment of the Secretary of the Interior, mitigate or offset such
adverse impacts.
(c) Any funds transferred under this section shall be used in
accordance with a written agreement between the Secretaries.
(d) The Secretary of the Interior, in consultation with the
Secretary of Homeland Security, shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, by not
later than 15 days before any proposed transfer under this section, an
expenditure plan that describes in detail the actions proposed to be
taken with amounts transferred under this section.
(e) Concurrent with submittal of the expenditure plan, the
Secretary of Homeland Security shall submit a certification that the
actions outlined in the expenditure plan cannot be legally executed
under the authorities of U.S. Customs and Border Protection or any
other component of the Department of Homeland Security and are
determined to be necessary for mitigation of construction, operation,
and maintenance activities related to border security.
Sec. 548. 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:
(1) $20,997,225 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses''; and
(2) $594,945 from ``Violent Crime Reduction Programs''.
Sec. 549. Of the following unobligated balances available for
``Department of Homeland Security, U.S. Immigration and Customs
Enforcement, Construction'', $11,300,000 is rescinded.
TITLE VI
EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER RELIEF
(including rescission and transfer of funds)
Sec. 601. Effective on the date of the enactment of this Act, of
the unobligated balances remaining available to the Department of
Energy pursuant to section 129 of the Continuing Appropriations
Resolution, 2009 (division A of Public Law 110-329), $500,000,000 is
rescinded and $1,000,000,000 is hereby transferred to and merged with
``Department of Homeland Security--Federal Emergency Management
Agency--Disaster Relief'': Provided, That the amount transferred by
this section is designated as an emergency pursuant to section 3(c)(1)
of H. Res. 5 (112th Congress).
TITLE VII
SPENDING REDUCTION ACCOUNT
Sec. 701. 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.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2012''.
Union Calendar No. 50
112th CONGRESS
1st Session
H. R. 2017
[Report No. 112-91]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2012, and for other purposes.
_______________________________________________________________________
May 26, 2011
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed