[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2017 Reported in Senate (RS)]
Calendar No. 156
112th CONGRESS
1st Session
H. R. 2017
[Report No. 112-74]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2011
Received; read twice and referred to the Committee on Appropriations
September 7, 2011
Reported by Ms. Landrieu, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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, <DELETED>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:
<DELETED>TITLE I</DELETED>
<DELETED>DEPARTMENTAL MANAGEMENT AND OPERATIONS</DELETED>
<DELETED>Office of the Secretary and Executive Management</DELETED>
<DELETED> 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
(reduced by $63,350,000) (reduced by $1,000,000): 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.</DELETED>
<DELETED>Office of the Under Secretary for Management</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$234,940,000 (reduced by $600,000) (reduced by $117,470,000) (reduced
by $10,000,000), of which not to exceed $3,000 shall be for official
reception and representation expenses: 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.</DELETED>
<DELETED>Office of the Chief Financial Officer</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Chief Information Officer</DELETED>
<DELETED> 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 (reduced by $139,180,000), of which
$105,500,000 (reduced by $55,672,000) shall be available for salaries
and expenses; and of which $155,800,000 (reduced by $83,508,000), to
remain available until September 30, 2014, shall be available for
development and acquisition of information technology equipment,
software, services, and related activities for the Department of
Homeland Security: 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) a detailed accounting of operations and
maintenance and contractor services costs; and</DELETED>
<DELETED> (4) a current acquisition program baseline for
each project, that--</DELETED>
<DELETED> (A) notes and explains any deviations in
cost, performance parameters, schedule, or estimated
date of completion from the original acquisition
program baseline;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) defines life-cycle costs for such
programs.</DELETED>
<DELETED>Analysis and Operations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>SECURITY, ENFORCEMENT, AND INVESTIGATIONS</DELETED>
<DELETED>U.S. Customs and Border Protection</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural inspections and
regulatory activities related to plant and animal imports, and
transportation of unaccompanied minor aliens; purchase and lease of up
to 8,000 (7,000 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad;
$8,769,518,000 (reduced by $1,000,000) (increased by $1,000,000), of
which $3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of the
Harbor Maintenance Fee pursuant to 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--</DELETED>
<DELETED> (1) the inventory of Inspection and Detection
Technology by location and date of deployment;</DELETED>
<DELETED> (2) the proposed appropriations included in the
budget subdivided by the proposed appropriations for
procurement, including quantity, deployment, and operations and
maintenance;</DELETED>
<DELETED> (3) projected funding levels for procurement in
quantity, deployment, and operations and maintenance for each
of the next three fiscal years; and</DELETED>
<DELETED> (4) a current acquisition program baseline that--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) a detailed accounting of operations and
maintenance and contractor services costs; and</DELETED>
<DELETED> (4) current acquisition program baselines for the
Automated Commercial Environment and TECS Modernization
respectively, that--</DELETED>
<DELETED> (A) note and explain any deviations in
cost, performance parameters, schedule, or estimated
date of completion from the original acquisition
program baseline;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) define life-cycle costs for these
programs.</DELETED>
<DELETED>border security fencing, infrastructure, and
technology</DELETED>
<DELETED> For expenses for border security fencing, infrastructure,
and technology, $500,000,000 (increased by $10,000,000), 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) a current acquisition program baseline that--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>air and marine interdiction, operations, maintenance, and
procurement</DELETED>
<DELETED> 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.</DELETED>
<DELETED>construction and facilities management</DELETED>
<DELETED> 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.</DELETED>
<DELETED>U.S. Immigration and Customs Enforcement</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and purchase
and lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; $5,522,474,000 (increased by $1,000,000) (reduced by
$1,000,000) (increased by $1,000,000) (reduced by $5,000,000)
(increased by $5,000,000), of which not to exceed $7,500,000 shall be
available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (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 (increased by $1,000,000) 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.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) a detailed accounting of operations and
maintenance and contractor services costs; and</DELETED>
<DELETED> (4) current acquisition program baselines for
Atlas and TECS Modernization respectively, that--</DELETED>
<DELETED> (A) note and explain any deviations in
cost, performance parameters, schedule, or estimated
date of completion from the original acquisition
program baseline;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) define life-cycle costs for these
programs.</DELETED>
<DELETED>Transportation Security Administration</DELETED>
<DELETED>aviation security</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) how the Transportation Security Administration
is deploying its existing passenger and baggage screener
workforce in the most cost effective manner; and</DELETED>
<DELETED> (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:</DELETED>
<DELETED> 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.</DELETED>
<DELETED> </DELETED>
<DELETED>Surface Transportation Security</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$129,748,000, to remain available until September 30, 2013.</DELETED>
<DELETED>Transportation Threat Assessment and Credentialing</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Transportation Security Support</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Air Marshals</DELETED>
<DELETED> For necessary expenses of the Federal Air Marshals,
$961,375,000.</DELETED>
<DELETED>Coast Guard</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>environmental compliance and restoration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>reserve training</DELETED>
<DELETED> 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.</DELETED>
<DELETED>acquisition, construction, and improvements</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) the proposed appropriations included in that
budget;</DELETED>
<DELETED> (2) the total estimated cost of completion,
including and clearly delineating the costs of associated major
acquisition systems infrastructure and transition to
operations;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) an estimated completion date at the projected
funding levels; and</DELETED>
<DELETED> (5) a current acquisition program baseline for
each capital asset, as applicable, that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) includes a detailed project schedule
through completion, subdivided by fiscal year, that
details--</DELETED>
<DELETED> (i) quantities planned for each
fiscal year; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (F) includes the earned value management
system summary schedule performance index and cost
performance index for each asset, if applicable;
and</DELETED>
<DELETED> (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:</DELETED>
<DELETED> 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.</DELETED>
<DELETED>research, development, test, and evaluation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>retired pay</DELETED>
<DELETED> 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.</DELETED>
<DELETED>United States Secret Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>acquisition, construction, improvements, and related
expenses</DELETED>
<DELETED> For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $6,780,000, to
remain available until September 30, 2016.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY</DELETED>
<DELETED>National Protection and Programs Directorate</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>infrastructure protection and information security</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) the inventory of nests and sensors by location
and date of deployment;</DELETED>
<DELETED> (2) the proposed appropriations included in that
budget for each increment sub-divided by procurement, including
quantity, deployment, and operations and maintenance;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) a current acquisition program baseline that--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>federal protective service</DELETED>
<DELETED> 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.</DELETED>
<DELETED>united states visitor and immigrant status indicator
technology</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) a detailed accounting of operations and
maintenance, contractor services, and program costs associated
with the management of identity services.</DELETED>
<DELETED>Office of Health Affairs</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Emergency Management Agency</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> 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).</DELETED>
<DELETED>state and local programs</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) The State Homeland Security Grant Program
under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) The Metropolitan Medical Response System under
section 635 of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 723).</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (7) Port Security Grants in accordance with 46
U.S.C. 70107.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (9) The Interoperable Emergency Communications
Grant Program under section 1809 of the Homeland Security Act
of 2002 (6 U.S.C. 579).</DELETED>
<DELETED> 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 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.</DELETED>
<DELETED>firefighter assistance grants</DELETED>
<DELETED> 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 (increased by $320,000,000), of which $200,000,000
(increased by $135,000,000) shall be available to carry out section 33
of that Act (15 U.S.C. 2229) and $150,000,000 (increased by
$185,000,000) 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.</DELETED>
<DELETED>emergency management performance grants</DELETED>
<DELETED> 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.</DELETED>
<DELETED>radiological emergency preparedness program</DELETED>
<DELETED> 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.</DELETED>
<DELETED>united states fire administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>disaster relief</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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 (reduced by $100,000,000) (increased by
$100,000,000), 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--</DELETED>
<DELETED> (1) an estimate, by quarter, for the costs of all
previously designated disasters;</DELETED>
<DELETED> (2) an estimate, by quarter, for the cost of
future disasters based on a five-year average, excluding
catastrophic disasters;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the detailed information required in
supporting documentation for reimbursements;
and</DELETED>
<DELETED> (B) the necessity for timeliness of agency
billings.</DELETED>
<DELETED>disaster assistance direct loan program account</DELETED>
<DELETED> 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).</DELETED>
<DELETED>flood hazard mapping and risk analysis program</DELETED>
<DELETED> 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.</DELETED>
<DELETED>national flood insurance fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>national predisaster mitigation fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>emergency food and shelter</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES</DELETED>
<DELETED>United States Citizenship and Immigration Services</DELETED>
<DELETED> 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: 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.</DELETED>
<DELETED>Federal Law Enforcement Training Center</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>acquisitions, construction, improvements, and related
expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SCIENCE AND TECHNOLOGY</DELETED>
<DELETED>Management and Administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Research, Development, Acquisition, and Operations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>DOMESTIC NUCLEAR DETECTION OFFICE</DELETED>
<DELETED>Management and Administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Research, Development, and Operations</DELETED>
<DELETED> For necessary expenses for radiological and nuclear
research, development, testing, evaluation, and operations,
$245,194,000, to remain available until September 30, 2014.</DELETED>
<DELETED>Systems Acquisition</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE V</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED>(including rescissions of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 507. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used to--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) announce publicly the intention to make or
award items under paragraph (1) or (2), including a contract
covered by the Federal Acquisition Regulation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) A notification under this section--</DELETED>
<DELETED> (1) may not involve funds that are not available
for obligation; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> Sec. 514. 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.</DELETED>
<DELETED> Sec. 515. 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.</DELETED>
<DELETED> Sec. 516. 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.</DELETED>
<DELETED> Sec. 517. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2010'' and inserting ``2012''.</DELETED>
<DELETED> Sec. 518. 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).</DELETED>
<DELETED> Sec. 519. (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.</DELETED>
<DELETED> (b) Subsection (a) does not apply to obligation of funds
for a contract awarded--</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (2) pursuant to the Small Business Act (15 U.S.C.
631 et seq.);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) by another Federal agency using funds provided
through an interagency agreement.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 520. 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.).</DELETED>
<DELETED> Sec. 521. 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.</DELETED>
<DELETED> Sec. 522. 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).</DELETED>
<DELETED> Sec. 523. 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.</DELETED>
<DELETED> Sec. 524. 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.</DELETED>
<DELETED> Sec. 525. Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``Until
September 30, 2011,'' and inserting ``Until September 30,
2012,''; and</DELETED>
<DELETED> (2) in subsection (d)(1), by striking ``September
30, 2011,'' and inserting ``September 30, 2012,''.</DELETED>
<DELETED> Sec. 526. 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).</DELETED>
<DELETED> Sec. 527. 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).</DELETED>
<DELETED> Sec. 528. 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--
</DELETED>
<DELETED> (1) a controlled substance, as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802);
or</DELETED>
<DELETED> (2) a biological product, as defined in section
351 of the Public Health Service Act (42 U.S.C. 262).</DELETED>
<DELETED> Sec. 529. 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.</DELETED>
<DELETED> Sec. 530. None of the funds made available in this Act
may be used for planning, testing, piloting, or developing a national
identification card.</DELETED>
<DELETED> Sec. 531. 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.</DELETED>
<DELETED> Sec. 532. (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.</DELETED>
<DELETED> (b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines would
compromise national security.</DELETED>
<DELETED> (c) In this section--</DELETED>
<DELETED> (1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> Sec. 533. (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 534. 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.</DELETED>
<DELETED> Sec. 535. 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''.</DELETED>
<DELETED> Sec. 536. 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--</DELETED>
<DELETED> (1) is not a United States citizen or a member of
the Armed Forces of the United States; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 537. 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.</DELETED>
<DELETED> Sec. 538. 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.</DELETED>
<DELETED> Sec. 539. 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)).</DELETED>
<DELETED> Sec. 540. (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--</DELETED>
<DELETED> (1) the National Institute for Standards and
Technology Special Publication 800-30, entitled ``Risk
Management Guide for Information Technology
Systems'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) any supplemental standards established by the
Assistant Secretary of Homeland Security (Transportation
Security Administration) (referred to in this section as the
``Assistant Secretary'').</DELETED>
<DELETED> (b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program shall be
known as the Sponsoring Entity.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the procedures that have been used to
safeguard and dispose of personal information collected through
the Registered Traveler program; and</DELETED>
<DELETED> (2) the status of any certifications required to
be submitted by subsection (c).</DELETED>
<DELETED> Sec. 541. 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.</DELETED>
<DELETED> Sec. 542. (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) includes a strategy to comply with the
requirements under title 44901(g) of title 49, United States
Code, including--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) specification of--</DELETED>
<DELETED> (i) the percentage of such air
cargo that is being screened; and</DELETED>
<DELETED> (ii) the schedule for achieving
screening of 100 percent of such air
cargo.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 543. 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.</DELETED>
<DELETED> Sec. 544. 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''.</DELETED>
<DELETED> Sec. 545. (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 546. 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:</DELETED>
<DELETED> (1) $20,997,225 from ``U.S. Immigration and
Customs Enforcement, Salaries and Expenses''.</DELETED>
<DELETED> (2) $594,945 from ``Violent Crime Reduction
Programs''.</DELETED>
<DELETED> Sec. 547. Of the following unobligated balances available
for ``Department of Homeland Security, U.S. Immigration and Customs
Enforcement, Construction'', $11,300,000 is rescinded.</DELETED>
<DELETED>TITLE VI</DELETED>
<DELETED>EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER RELIEF</DELETED>
<DELETED>(including rescission and transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>TITLE VII</DELETED>
<DELETED>SPENDING REDUCTION ACCOUNT</DELETED>
<DELETED> 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 (increased by $600,000).</DELETED>
<DELETED> Sec. 702. None of the funds made available by this Act
may be used in contravention of section 642(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1373(a)).</DELETED>
<DELETED> Sec. 703. None of the funds made available by this Act
may be used to parole an alien into the United States, or grant
deferred action of a final order of removal, for any reason other than
on a case-by-case basis for urgent humanitarian reasons or significant
public benefit.</DELETED>
<DELETED> Sec. 704. None of the funds made available under this Act
may be used to require an approved Transportation Worker Identification
Credential (TWIC) applicant to personally appear at a designated
enrollment center for the purpose of TWIC issuance, renewal, or
activation.</DELETED>
<DELETED> Sec. 705. None of the funds made available by this Act
may be used by the Department of Homeland Security to lease or purchase
new light duty vehicles, for any executive fleet, or for an agency's
fleet inventory, except in accordance with Presidential Memorandum-
Federal Fleet Performance, dated May 24, 2011.</DELETED>
<DELETED> Sec. 706. None of the funds made available by this Act
may be used in contravention of section 44917 of title 49, United
States Code.</DELETED>
<DELETED> Sec. 707. None of the funds made available by this Act
may be used for the Climate Change Adaptation Task Force of the
Department of Homeland Security.</DELETED>
<DELETED> Sec. 708. None of the funds made available by this Act
may be used to enforce the requirements in--</DELETED>
<DELETED> (1) section 34(a)(1)(A) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2229(a)(1)(A));</DELETED>
<DELETED> (2) section 34(a)(1)(B) of such Act;</DELETED>
<DELETED> (3) section 34(c)(1) of such Act;</DELETED>
<DELETED> (4) section 34(c)(2) of such Act;</DELETED>
<DELETED> (5) section 34(c)(4)(A) of such Act; and</DELETED>
<DELETED> (6) section 34(a)(1)(E) of such Act.</DELETED>
<DELETED> Sec. 709. None of the funds made available by this Act
shall be made available to the Association of Community Organizations
for Reform Now, Acorn Beneficial Assoc., Inc., Arkansas Broadcast
Foundation, Inc., Acorn Children's Beneficial Assoc., Arkansas
Community Housing Corp., Acorn Community Land Assoc., Inc., Acorn
Community Land Assoc. of Illinois, Acorn Community Land Association of
Louisiana, Acorn Community Land Assoc. of Pennsylvania, ACORN COMMUNITY
LABOR ORGANIZING CENTER, ACORN Beverly LLC, ACORN Canada, ACORN Center
for Housing, ACORN Housing Affordable Loans LLC, Acorn Housing 1
Associates, LP, Acorn Housing 2 Associates, LP, ACORN Housing 3
Associates LP, ACORN Housing 4 Associates, L.P., ACORN International,
ACORN VOTES, Acorn 2004 Housing Development Fund Corporation, ACRMW,
ACSI, Acorn Cultural Trust, Inc., American Environmental Justice
Project, Inc., ACORN Fund, Inc., Acorn Fair Housing Organization, Inc.,
Acorn Foster Parents, Inc., Agape Broadcast Foundation Inc., Acorn
Housing Corporation, Arkansas Acorn Housing Corporation, Acorn Housing
Corp. of Arizona, Acorn Housing Corp. of Illinois, Acorn Housing Corp.
of Missouri, New Jersey ACORN Housing Corporation, Inc., AHCNY, Acorn
Housing Corp. of Pennsylvania, Texas ACORN Housing Corporation, Inc.,
American Institute for Social Justice, Acorn law for Education, Rep. &
Training, Acorn Law Reform Pac, Affiliated Media Foundation Movement,
Albuquerque Minimum Wage Committee, Acorn National Broadcasting
Network, Arkansas New Party, Arkansas Acorn Political Action Committee,
Association for Rights of Citizens, Acorn Services, Inc., Acorn
Television in Action for Communities, Acorn Tenants' Union, Inc., Acorn
Tenant Union Training & Org. Project, AWA, Baltimore Organizing Support
Center, Inc., Bronx Parent Leadership, Baton Rouge ACORN Education
Project, Inc., Baton Rouge Assoc. of School Employees, Broad Street
Corporation, California Acorn Political Action Committee, Citizens
Action Research Project, Council Beneficial Association, Citizens
Campaign for Fair Work, Living Wage Etc., Citizens Consulting, Inc.,
California Community Network, Citizens for April Troope, Clean
Government Pac, Chicago Organizing and Support Center, Inc., Council
Health Plan, Citizens Services Society, Campaign For Justice at
Avondale, CLOC, Community and Labor for Baltimore, Chief Organizer
Fund, Colorado Organizing and Support Center, Community Real Estate
Processing, Inc., Campaign to Reward Work, Citizens Services
Incorporated, Elysian Fields Corporation, Environmental Justice
Training Project, Inc., Franklin Acorn Housing Corporation, Flagstaff
Broadcast Foundation, Floridians for All PAC, Fifteenth Street
Corporation, Friends of Wendy Foy, Greenwell Springs Corporations,
Genevieve Stewart Campaign Fund, Hammurabi Fund, Houston Organizing
Support Center, Hospitality Hotel and Restaurant Org. Council, Iowa
ACORN Broadcasting Corp., Illinois Home Day Care Workers Association,
Inc., Illinois Acorn Political Action Committee, Illinois New Party,
Illinois New Party Political Committee, Institute for Worker Education,
Inc., Jefferson Association of Parish Employees, Jefferson Association
of School Employees, Johnnie Pugh Campaign Fund, Louisiana ACORN, New
York Communities for Change, Affordable Housing Centers of America,
Action Now, Pennsylvania Communities Organizing for Change, Arkansas
Community Organizations (ACO), The Alliance of Californians for
Community Empowerment, New England United for Justice, Texas Organizing
Project, Minnesota, Neighborhoods Organizing for Change, Organization
United for Reform, Missourians Organizing for Reform and Empowerment, A
Community Voice, Community Organizations International, Applied
Research Center, or the Working Families Party.</DELETED>
<DELETED> Sec. 710. None of the funds made available by this Act
may be used in contravention of section 236(c) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)).</DELETED>
<DELETED> Sec. 711. None of the funds made available by this Act
may be used for any action by a political appointee (as that term is
defined in section 106 of title 49, United States Code) to delay,
vacate, or reverse any decision by an employee in the Privacy Office of
the Department of Homeland Security to make records available pursuant
to section 552 of title 5, United States Code, popularly known as the
Freedom of Information Act.</DELETED>
<DELETED> Sec. 712. None of the funds made available by this Act
may be used to implement the determination of the Administrator of the
Transportation Security Administration regarding transportation
security officers and collective bargaining as described in the
decision memorandum dated February 4, 2011.</DELETED>
<DELETED> Sec. 713. None of the funds made available by this Act
may be used to implement any rule, regulation, or executive order
regarding the disclosure of political contributions that takes effect
on or after the date of enactment of this Act.</DELETED>
<DELETED> Sec. 714. Of the amount made available for screening
operations under the heading: ``Transportation Security
Administration--Aviation Security'', not more than $2,760,503,458 may
be used for screener personnel, compensation, and benefits.</DELETED>
<DELETED> This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2012''.</DELETED>
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
Departmental 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, $135,433,000: Provided, That
not to exceed $51,000 shall be for official reception and
representation expenses, of which $20,000 shall be made available to
the Office of Policy solely to host Visa Waiver Program negotiations in
Washington, D.C., and for other international activities: Provided
further, That all official costs associated with the use of government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Immediate Office of the Secretary
and the Immediate Office of the Deputy Secretary: Provided further,
That consistent with the requirements specified within Presidential
Policy Directive-8, dated March 30, 2011, the Secretary of Homeland
Security 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
description of the National Preparedness System: Provided further,
That $35,000,000 shall not be available for obligation until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive plan to initiate implementation of a biometric air exit
capability in fiscal year 2012, or a written certification to the
Congress that it is the position of the administration that the
statutory requirement for biometric air exit be repealed.
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), $237,131,000, of which
not to exceed $2,500 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 expended solely for
the alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations at
the Nebraska Avenue Complex; and $14,172,000 shall remain available
until expended 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), $51,000,000.
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,
$267,972,000; of which $105,578,000 shall be available for salaries and
expenses; and of which $162,394,000, 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
Department of Homeland Security Chief Information Officer 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 funded under this heading or funded by
multiple components of the Department of Homeland Security through
reimbursable agreements, 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.), $339,368,000; of which not
to exceed $4,250 shall be for official reception and representation
expenses; and of which $136,665,000 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.), $125,000,000, 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 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,762,103,000; 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 $38,250 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; 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
Border Patrol shall maintain an active duty presence of not less than
21,370 full-time equivalent agents protecting the borders of the United
States throughout the fiscal year.
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 of the total amount
made available under this heading, $50,000,000 may not be obligated for
the Automated Commercial Environment program until 30 days after the
Committees on Appropriations of the Senate and the House of
Representatives receive a report on the results to date and plans for
the program from the Department of Homeland Security.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $400,000,000, to remain available until September 30, 2014:
Provided, That of the total amount made available under this heading,
$60,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure, prepared by the Commissioner, U.S.
Customs and Border Protection, reviewed by the Government
Accountability Office, and submitted not later than 90 days after the
date of the 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
tactical infrastructure and technology.
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, $506,566,000, 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.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings and facilities
necessary for the administration and enforcement of the laws relating
to customs, immigration, and border security, $239,096,000, to remain
available until September 30, 2016: Provided, That for fiscal year
2012 and thereafter, the annual budget submission of U.S. Customs and
Border Protection for ``Construction and Facilities Management'' shall,
in consultation with the General Services Administration, include a
detailed 5-year plan for all Federal land border port of entry projects
with a yearly update of total projected future funding needs delineated
by land port of entry.
U.S. Immigration and Customs Enforcement
salaries and expenses
(including transfer of funds)
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including overseas
vetted units operations; and purchase and lease of up to 3,790 (2,350
for replacement only) police-type vehicles; $5,512,856,000; of which
not to exceed $10,000,000 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
$12,750 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 anti-child exploitation activities; 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 of Homeland Security, 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
in fiscal year 2012 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
$1,500,000,000 shall be available to identify aliens convicted of a
crime who may be deportable, and to remove them from the United States
once they are judged deportable, of which $184,064,000 shall remain
available until September 30, 2013: Provided further, That the
Assistant Secretary of 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 that
progress: Provided further, That the Secretary of Homeland Security
shall prioritize the identification and removal of aliens convicted of
a crime by the severity of that crime: Provided further, That funding
made available under this heading shall maintain a level of not less
than 33,400 detention beds through September 30, 2012: Provided
further, That of the total amount provided, not less than
$2,724,125,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That
of the total amount provided, $7,300,000 shall remain available until
September 30, 2013, for the Visa Security Program: Provided further,
That of the total amount provided under this heading, up to $5,000,000
may be transferred to United States Visitor and Immigrant Status
Indicator Technology to address the visa overstay backlog: 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, $21,710,000, to remain available until September 30, 2016.
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), $5,293,566,000, to remain
available until September 30, 2013, of which not to exceed $8,500 shall
be for official reception and representation expenses: Provided, That
of the total amount made available under this heading, not to exceed
$4,193,246,000 shall be for screening operations, of which $555,003,000
shall be available for explosives detection systems; $214,893,000 shall
be for checkpoint support; and not to exceed $1,100,320,000 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 these systems: 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 during fiscal year
2012 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $2,983,566,000: Provided
further, That any security service fees collected in excess of the
amount made available under this heading shall become available during
fiscal year 2013: 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 Members of the
United States House of Representatives and United States 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 United States Attorney General and Assistant Attorneys
General and the 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 providing surface transportation security
activities, $134,748,000, 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, $163,954,000, 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),
$1,042,066,000, to remain available until September 30, 2013:
Provided, That of the funds appropriated under this heading,
$25,000,000 may not be obligated for headquarters administration until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives detailed
expenditure plans for air cargo security, and for checkpoint support
and explosives detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year 2012:
Provided further, That these plans shall be submitted no later than 60
days after the date of enactment of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $981,115,000.
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;
purchases or lease of boats necessary for overseas deployment
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; $7,078,054,000; of which $598,000,000 shall be for
defense-related activities, of which $258,000,000 is designated by
Congress as being for overseas contingency operations pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177), as amended; 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)); of which not to exceed $17,000 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 Headquarters Directorates until:
(1) the fiscal year 2012 second quarter acquisition report;
and
(2) the future-years capital investment plan for fiscal
years 2013-2017, as specified under the heading Coast Guard,
``Acquisition, Construction, and Improvements'' of this Act,
are received by the Committees on Appropriations of the Senate
and the House of Representatives:
Provided further, That funds made available under this heading for
overseas contingency operations 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, $16,699,000, to remain available until
expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $134,278,000.
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; $1,391,924,000, 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 $20,000,000 shall remain available until
September 16, 2016, for military family housing, of which not more than
$14,000,000 shall be derived from the Coast Guard Housing Fund,
established pursuant to 14 U.S.C. 687; of which $642,000,000 shall be
available until September 30, 2016, to acquire, effect major repairs,
renovate, or improve vessels, small boats, and related equipment; of
which $264,900,000 shall be available until September 30, 2016, to
acquire, effect major repairs, renovate, or improve aircraft or
increase aviation capability; of which $161,140,000 shall be available
until September 30, 2016, for other equipment; of which $193,692,000
shall be available until September 30, 2016, for shore facilities and
aids to navigation, including waterfront facilities at Navy
installations used by the Coast Guard; of which $110,192,000 shall be
available for personnel compensation and benefits and related costs:
Provided, That the funds provided by this Act shall be immediately
available and allotted to contract for long lead time materials,
components, and designs for the sixth National Security Cutter
notwithstanding the availability of funds for production costs or post-
production costs: 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 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 5 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 of Homeland Security 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;
$27,779,000, 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.
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 where a protective assignment
during 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; $1,670,237,000; of which not to exceed $21,250 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 the
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 $19,307,000 for National Special Security
Events shall remain available until expended: 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, 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 perform such service 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 technology transformation:
Provided further, That $20,000,000 made available in the preceding
proviso shall not 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
Appropriations of the Senate and the House of Representatives
certifying that all plans for integration and transformation are
consistent with Department of Homeland Security data center migration
and 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, $5,380,000, 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, $37,875,000: Provided, That not to exceed $4,250 shall
be for official reception and representation expenses: Provided
further, That $9,000,000 shall not be available for obligation until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive plan to initiate implementation of a biometric air exit
capability in fiscal year 2012, or a written certification to the
Congress that it is the position of the administration that the
statutory requirements for biometric air exit be repealed.
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.),
$918,283,000, of which $773,473,000 shall remain available until
September 30, 2013.
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 Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives no later
than December 31, 2011, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2012 through revenues and
collection of security fees, and shall adjust the fees to ensure fee
collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,371 full-time equivalent staff and
1,007 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly engaged
on a daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff''): Provided further, That
the Director of the Federal Protective Service shall include with the
submission of the President's fiscal year 2013 budget a strategic human
capital plan that aligns fee collections to personnel requirements
based on a current threat assessment.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of 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, to
remain available until September 30, 2014: Provided, That of the total
amount made available under this heading, $75,000,000 may not be
obligated for the United States Visitor and Immigrant Status Indicator
Technology project 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 not less than $18,000,000 of unobligated
balances of prior year appropriations shall remain available and be
obligated solely for implementation of a biometric air exit capability.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$159,450,000; of which $29,171,000 is for salaries and expenses and
$90,164,000 is for BioWatch operations: Provided, That $40,115,000
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 $2,500 shall be for official reception and
representation expenses.
Federal Emergency Management Agency
operating expenses
For necessary expenses for management and administration of the
Federal Emergency Management Agency, $904,550,000, 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; 120 Stat.
1394): Provided, That not to exceed $2,500 shall be for official
reception and representation expenses: Provided further, That the
Administrator of the Federal Emergency Management Agency is authorized
to reprogram funds made available under this heading between programs,
projects, and activities, subject to the limitations in section 503, by
notifying the Committees on Appropriations of the Senate and the House
of Representatives 15 days in advance of such reprogramming, but
without prior written approval from such Committees: Provided further,
That the authority in the preceding proviso shall expire on September
30, 2012: Provided further, That the President's budget submitted
under section 1105(a) of title 31, United States Code, shall be
detailed by office for the Federal Emergency Management Agency:
Provided further, That of the total amount made available under this
heading, not to exceed $12,000,000 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, $41,250,000 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
$6,981,000 shall be for the Office of National Capital Region
Coordination: Provided further, That $1,400,000 of the funds available
for the Office of the Administrator shall not be available for
obligation until the Administrator submits to the Committees on
Appropriations of the Senate and the House of Representatives the
National Preparedness Report required by Public Law 109-295 and a
comprehensive plan to implement a system to measure the effectiveness
of grants to State and local communities in fiscal year 2012: Provided
further, That for purposes of planning, coordination, execution, and
decisionmaking 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 Public Law
107-296, the Homeland Security Act of 2002.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $1,476,681,000 shall be allocated as follows:
(1) $430,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That of the amount provided
by this paragraph, $50,000,000 shall be for Operation
Stonegarden: Provided further, That notwithstanding subsection
(c)(4) of such section 2004, 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 this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $400,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which, notwithstanding subsection
(c)(1) of such section, $10,000,000 shall be 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 of Homeland
Security to be at high risk of a terrorist attack.
(3) $200,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under sections 1406, 1513, and
1532 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182),
of which not less than $20,000,000 shall be for Amtrak
security: Provided, That such public transportation security
assistance shall be provided directly to public transportation
agencies.
(4) $200,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $15,000,000 shall be for grants for Emergency
Operations Centers under section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c)
to remain available until expended.
(6) $231,681,000 shall be for training, exercises,
technical assistance, and other programs, of which $155,500,000
shall be for training of State, local, and tribal emergency
response providers:
Provided, That 5.8 percent of the amounts provided under this
heading shall be transferred to the Federal Emergency
Management Agency ``Operating Expenses'' account 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
within 60 days after the date of enactment of this Act:
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 5
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 (5), 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
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 of Homeland Security:
Provided further, That in fiscal year 2012 and thereafter: (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 for
Domestic Preparedness 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; (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; and (c)
subject to (b), nothing in (a) prohibits the Center for
Domestic Preparedness from providing training to employees of
the Federal Emergency Management Agency for the professional
development of such employees pursuant to 5 U.S.C. 4103 without
reimbursement for the cost of such training.
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.),
$750,000,000, to remain available until September 30, 2013, of which
$375,000,000 shall be available to carry out section 33 of that Act (15
U.S.C. 2229) and $375,000,000 shall be available to carry out section
34 of that Act (15 U.S.C. 2229a): Provided, That not to exceed 5
percent of the amount available under this heading shall be available
for program administration.
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 total
administrative costs shall not exceed 3 percent of the total amount
appropriated under this heading.
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.), $45,038,000.
disaster relief fund
(including transfer 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.),
$1,800,000,000, to remain available until expended, of which
$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, 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 the ``Disaster Relief Fund'' for the current fiscal
year and the succeeding three fiscal years: Provided further, That the
report shall provide: (a) an estimate, by quarter, for the costs of all
previously designated disasters; (b) an estimate, by quarter, for the
cost of future disasters based on a 10-year average, excluding
catastrophic disasters; (c) an estimate, by quarter, for the costs of
catastrophic disasters excluded from the 10-year average subdivided by
disaster and the amount already obligated, and the remaining estimated
costs; and (d) an estimate of the date on which the ``Disaster Relief
Fund'' balance will reach $800,000,000: Provided further, 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 within 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 from
the initial plan: Provided further, That the Federal Emergency
Management Agency shall submit the monthly ``Disaster Relief Fund''
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 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 of Homeland Security for such purposes,
the Secretary of Homeland Security shall take appropriate steps to
ensure that each agency is periodically reminded of Department policies
on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
For an additional amount for the ``Disaster Relief Fund'' for
expenses resulting from a major disaster designation pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)), $4,200,000,000, to remain available until expended:
Provided, That such amount is designated by Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as
amended.
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), $295,000 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, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), $92,712,000, 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.
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 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)); of which
not to exceed $22,000,000 shall be available for salaries and expenses
associated with flood mitigation and flood insurance operations; and
not less than $149,000,000 shall be available for flood plain
management and flood mapping, which shall remain available until
September 30, 2013: Provided, 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) $60,000,000, which shall remain available until
expended for flood mitigation actions; of which not less than
$10,000,000 is for severe repetitive loss properties under
section 1361A of the National Flood Insurance Act of 1968 (42
U.S.C. 4102a); of which $10,000,000 shall be 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 shall be 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 the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) 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 Insurance Act
of 1968, notwithstanding subsection (f)(8) of such section 102 (42
U.S.C. 4012a(f)(8) and subsection 1366(i) and paragraphs (2) and (3) of
section 1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(i), 4104d(b)(2)-(3)): Provided further, That total
administrative costs shall not exceed 4 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), including administrative costs, $42,500,000, to remain
available until expended: Provided, That the total administrative
costs associated with such grants shall not exceed $3,000,000 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,
$120,924,000, of which $102,424,000 is for immigration verification
programs, including the E-Verify Program, as authorized by section 402
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: 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: Provided further, That
none of the funds made available in this Act for grants for immigrant
integration may be used to provide services to aliens who have not been
lawfully admitted for permanent residence.
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 $10,200 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, $33,456,000, to remain available until expended:
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.), $143,000,000: Provided,
That not to exceed $8,500 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, $657,000,000; of which $638,800,000
shall remain available until September 30, 2014, of which not less than
$36,563,000 shall be for university programs; and of which $18,200,000,
shall remain available until September 30, 2016, for infrastructure
upgrades at the Transportation Security Laboratory.
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, $37,000,000: Provided, That not to exceed $2,500 shall be
for official reception and representation expenses: Provided further,
That not later than 180 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
strategic plan of investments necessary to implement the Department of
Homeland Security's responsibilities under the domestic component of
the global nuclear detection architecture that shall:
(1) define each Departmental entity's roles and
responsibilities in support of the domestic detection
architecture, including any existing or planned programs to
pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments being
made by Departmental organizations in fiscal year 2012, and
planned for fiscal year 2013, to support the domestic
architecture and the security of sea, land, and air pathways
into the United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and
timeframes, and estimates of feasibility and cost
effectiveness; and
(4) explain how the Department's research and development
funding is furthering the implementation of the domestic
nuclear detection architecture, including specific investments
planned for each of fiscal years 2012 and 2013.
research, development, and operations
For necessary expenses for radiological and nuclear detection
related development, testing, evaluation, and operations, $191,000,000,
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, $40,000,000, 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 of Homeland Security 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
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, 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 5 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. None of the funds made available by this Act may be used
to make a grant allocation, grant award, contract award, Other
Transaction Agreement, a 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, or to announce publicly the
intention to make such an award, including a contract covered by the
Federal Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the Senate and
the House of Representatives at least 3 full business days in advance
of making such an award or issuing such a letter: Provided, That 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 and the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified not later than 5 full business days after such an award is
made or letter issued: Provided further, That no notification shall
involve funds that are not available for obligation: Provided further,
That the notification 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: Provided further, That
the Federal Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives 5 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, 528, and 530, of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) 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. For fiscal year 2012 and thereafter, 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 or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' for fiscal years 2004 and 2005 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 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 ``2011'' and inserting ``2012 and thereafter''.
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 5 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 and an explanation
of why the waiver authority was used. 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 made available in this or any other
Act for fiscal years 2012 and thereafter, may be used to enforce
section 4025(1) of Public Law 108-458 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. 522. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of the
enactment of this Act.
Sec. 523. None of the funds provided in this Act shall be
available 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 Act may be used
to destroy or put out to pasture any horse or other equine belonging to
the Federal Government 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. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall hereafter be used to
approve a waiver of the navigation and vessel-inspection laws pursuant
to 46 U.S.C. 501 for the transportation of crude oil distributed from
the Strategic Petroleum Reserve until the Secretary of Homeland
Security, after consultation with the Secretaries of the Departments of
Energy and Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the use of
United States flag vessels: Provided, That the Secretary shall notify
the Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 48 hours of any request for
waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C.
501.
Sec. 527. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 528. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 529. 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,'';
(2) by striking subsection (b);
(3) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively; and
(4) in subsection (c)(1) (as redesignated by paragraph (3)
of this section), by striking ``September 30, 2011,'' and
inserting ``September 30, 2012,''.
Sec. 530. 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. 531. 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 under section 401 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note).
Sec. 532. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals 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. 533. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1 (g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: 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. 534 None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 535 (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date that
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, 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. 536. (a) Notwithstanding any other provision of law, if the
Secretary of Homeland Security determines that the National Bio- and
Agro-defense Facility should be located at a site other than Plum
Island, New York, the Secretary shall ensure that the Administrator of
General Services sells through public sale all real and related
personal property and transportation assets which support Plum Island
operations, subject to such terms and conditions as may be necessary to
protect Government interests and meet program requirements.
(b) The proceeds of such sale described in subsection (a) shall be
deposited as offsetting collections into the Department of 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. 537. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 538. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
amended by section 550 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83), is further amended by
striking ``on October 4, 2011'' and inserting ``on October 4, 2012''.
Sec. 539. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 540. For fiscal year 2012 and thereafter, for purposes of
section 210C of the Homeland Security Act of 2002 (6 U.S.C. 124j), a
rural area shall also include any area that is located in a
metropolitan statistical area and a county, borough, parish, or area
under the jurisdiction of an Indian tribe with a population of not more
than 50,000.
Sec. 541. 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. 542. 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. 543. 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. 544. (a) Section 1647(b) of Public Law 112-10 is amended by
striking ``provided in this division'' and inserting ``made available
in this or any other Act''.
(b) The amendment made by subsection (a) shall apply to the fiscal
year ending September 30, 2012.
Sec. 545. For an additional amount for necessary expenses for
reimbursement of the actual costs to State and local governments for
providing emergency management, public safety, and security at events,
as determined by the Administrator of the Federal Emergency Management
Agency, related to the presence of a National Special Security Event,
$10,000,000, to remain available until September 30, 2013.
Sec. 546. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 5 days in
advance of such transfer.
Sec. 547. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary re-employment
basis to conduct arbitrations of disputes as part of the arbitration
panel established by the President under section 601 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5;
123 Stat. 164).
Sec. 548. (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 the
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.
Sec. 549. 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. 550. (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. 551. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that any processes
developed take into consideration such passengers' and crews' privacy
and civil liberties consistent with applicable laws, regulations, and
guidance.
Sec. 552. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such contract is
entered into in accordance with the requirements of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253) or
Chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above referenced
statutes.
Sec. 553. (a) Funds made available by this Act solely for data
center migration may be transferred by the Secretary of Homeland
Security between appropriations for the same purpose, notwithstanding
section 503 of this Act.
(b) No transfer described in (a) shall occur until 15 days after
the Committees on Appropriations of the Senate and the House and
Representatives are notified of such transfer.
(c) In addition to amounts made available in this Act for data
center migration, $15,000,000, is available to the Secretary of
Homeland Security for data center migration activities.
Sec. 554. For fiscal year 2012 and thereafter, U.S. Customs and
Border Protection's Advanced Training Center is authorized to charge
fees for any service and/or thing of value it provides to Federal
Government or non-government entities or individuals, so long as the
fees charged do not exceed the full costs associated with the service
or thing of value provided: Provided, That notwithstanding 31 U.S.C.
3302(b), fees collected by the Advanced Training Center are to be
deposited into a separate account entitled ``Advanced Training Center
Revolving Fund'', and be available, without further appropriations, for
necessary expenses of the Advanced Training Center program, and are to
remain available until expended.
Sec. 555. Section 559(e) of Public Law 111-83 is amended--
(a) in the matter preceding the first proviso, by striking ``law,
sell'' and inserting ``law, hereafter sell''; and
(b) in the first proviso--
(1) by striking ``shall be deposited'' and inserting
``shall hereafter be deposited''; and
(2) by striking ``subject to appropriation,'' and inserting
``without further appropriations,''.
Sec. 556. Notwithstanding any other provision of law, should the
Secretary of Homeland Security determine that specific U.S. Immigration
and Customs Enforcement Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities no
longer meet the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities by directing the
Administrator of General Services to sell all real and related personal
property which support Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities, subject
to such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the proceeds,
net of the costs of sale incurred by the General Services
Administration and U.S. Immigration and Customs Enforcement, shall be
deposited as offsetting collections into a separate account that shall
be available, subject to appropriation, until expended for other real
property capital asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and maintenance costs,
as the Secretary deems appropriate: Provided further, That any sale or
collocation of federally owned detention facilities shall not result in
the maintenance of fewer than 33,400 detention beds: Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the announcement of
any proposed sale or collocation.
Sec. 557. For an additional amount for the ``Office of the Under
Secretary for Management'', $55,979,000, to remain available until
expended, for necessary expenses to plan, acquire, construct, renovate,
remediate, equip, furnish, and occupy buildings and facilities for the
consolidation of department headquarters at St. Elizabeths and
associated mission support consolidation: Provided, That the
Committees on Appropriations of the Senate and House of Representatives
shall receive an expenditure plan no later than 60 days after the date
of enactment of this Act detailing the allocation of these funds.
Sec. 558. Notwithstanding section 44940(c) of title 49, United
States Code, the limitation on fees imposed under subsection (a)(1) of
such section 44940 may not exceed $4.00 per enplanement in air
transportation or intrastate air transportation that originates at an
airport in the United States, except that the total amount of such fees
may not exceed $8 per one-way trip.
Sec. 559. None of the funds made available by this Act may be used
to enforce the requirements in--
(1) section 34(a)(1)(A) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));
(2) section 34(a)(1)(B) of such Act;
(3) section 34(c)(1) of such Act;
(4) section 34(c)(2) of such Act;
(5) section 34(c)(4)(A) of such Act; and
(6) section 34(a)(1)(E) of such Act.
Sec. 560. For fiscal year 2012 and thereafter, notwithstanding
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)) and 31 U.S.C. 3302, in the event that a spill of national
significance occurs, any payment of amounts from the Oil Spill
Liability Trust Fund pursuant to section 1012(a)(1) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs
incurred by the Coast Guard for such spill, shall be credited directly
to the accounts of the Coast Guard that bore the expense or current at
the time: Provided, That such amounts shall be merged with and,
without further appropriations, made available for the same time period
and the same purpose as the appropriation to which it is credited.
Sec. 561. (a) Civil Penalties.--Section 46301(a)(5)(A)(i) of title
49, United States Code, is amended--
(1) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(2) by inserting ``, or section 46314(a)'' after
``44909)''.
(b) Criminal Penalties.--Section 46314(b) of title 49, United
States Code, is amended to read as follows:
``(b) Criminal Penalty.--A person violating subsection (a) of this
section shall be fined under title 18, imprisoned for not more than 10
years, or both.''.
(c) Notice of Penalties.--Section 46314 of title 49, United States
Code, is amended by adding at the end the following new subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in the
United States that is required to establish an air
transportation security program pursuant to section 44903(c)
shall ensure that signs that meet such requirements as the
Secretary of Homeland Security may prescribe providing notice
of the penalties imposed under sections 46301(a)(5)(A)(i) and
subsection (b) of this section, are displayed near all
screening locations, all locations where passengers exit the
sterile area, and such other locations at the airport as the
Secretary of Homeland Security determines appropriate.
``(2) Effect of signs on penalties.--An individual shall be
subject to the penalty provided for under section
46301(a)(5)(A)(i) and subsection (b) of this section without
regard to whether signs are displayed at an airport as required
by paragraph (1).''.
Sec. 562. (a) Short Title.--This section may be cited as the
``Disaster Assistance Recoupment Fairness Act of 2011''.
(b) Debts Since 2005.--
(1) Definition.--In this section, the term ``covered
assistance'' means assistance provided--
(A) under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174); and
(B) in relation to a major disaster declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170) during the period beginning on August 28, 2005,
and ending on December 31, 2010.
(2) Waiver authority.--The Administrator of the Federal
Emergency Management Agency--
(A) subject to subparagraph (B), may waive a debt
owed to the United States related to covered assistance
provided to an individual or household if--
(i) the covered assistance was distributed
based on an error by the Federal Emergency
Management Agency;
(ii) there was no fault on behalf of the
debtor; and
(iii) the collection of the debt would be
against equity and good conscience; and
(B) may not waive a debt under subparagraph (A) if
the debt involves fraud, the presentation of a false
claim, or misrepresentation by the debtor or any party
having an interest in the claim.
(3) Reporting.--Not later than 3 months after the date of
enactment of this Act, and every 3 months thereafter until the
date that is 18 months after the date of enactment of this Act,
the Inspector General of the Department of Homeland Security
shall submit a report that assesses the cost-effectiveness of
the efforts of the Federal Emergency Management Agency to
recoup improper payments under the Individuals and Household
Program under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) to--
(A) the Committee on Homeland Security and
Governmental Affairs and the Subcommittee on Homeland
Security of the Committee on Appropriations of the
Senate; and
(B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure, and the
Subcommittee on Homeland Security of the Committee on
Appropriations of the House of Representatives.
Sec. 563. (a) Notwithstanding section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and subject to subsection
(b), recipients of Small Business Administration Disaster loans for
disaster-related damage to their homes may be eligible for
reimbursement at the discretion of the state, under Section 404 of that
Act, for documented and eligible mitigation work performed on their
home.
(b) Limitations.--
(1) Any reimbursement provided to or on behalf of a
homeowner pursuant to subsection (a) shall not exceed the
amount of the disaster loan that may be used and was used for
disaster mitigation activities; and
(2) Subsection (a) shall only apply if the disaster loan
and assistance provided under section 404 were made available
in response to the same disaster declaration.
(3) Shall be applicable only to disasters declared by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) during the
period beginning on August 28, 2005 and ending on August 28,
2006.
(c) If a state chooses to use funds under section 404 to reimburse
homeowners as provided in subsection (a), it shall make payments in the
following order:
(1) First, to the Small Business Administration on behalf
of the eligible homeowner for the purpose of reducing, but not
below zero, the homeowner's outstanding debt obligation to the
Small Business Administration for the disaster loan; and
(2) Second, any remaining reimbursement shall be paid
directly to the homeowner.
Sec. 564. Notwithstanding the requirement under section
34(a)(1)(A) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a(a)(1)(A)) that grants must be used to increase the number
of firefighters in fire departments, the Secretary of Homeland
Security, in making grants under section 34 of such Act using the funds
appropriated for fiscal year 2011, shall grant waivers from the
requirements of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of
such section: Provided, That section 34(a)(1)(E) of such Act shall not
apply with respect to funds appropriated for fiscal year 2011 for
grants under section 34 of such Act: Provided further, That the
Secretary of Homeland Security, in making grants under section 34 of
such Act, shall ensure that funds appropriated for fiscal year 2011 are
made available for the hiring, rehiring, or retention of firefighters.
(including rescissions)
Sec. 565. (a) For an additional amount for Coast Guard
``Acquisition, Construction, and Improvements'', $18,300,000, to remain
available until September 30, 2014, for aircraft replacement.
(b) The following amounts are rescinded:
(1) $7,300,000 from unobligated balances made available for
Coast Guard ``Acquisition, Construction, and Improvements'' in
chapter 5 of title I of division B of Public Law 110-329.
(2) $7,000,000 from unobligated balances made available for
``United States Citizenship and Immigration Services'' in
chapter 6 of title I of Public Law 111-212.
(3) $4,000,000 from unobligated balances made available for
Transportation Security Administration ``Aviation Security'' in
chapter 5 of title III of Public Law 110-28.
(c) The amount made available in subsection (a) is designated by
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (Public Law 99-177), as amended.
(rescissions)
Sec. 566. 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) $2,577,000 from Coast Guard, ``Acquisition,
Construction, and Improvements''.
(2) $4,000,000 from U.S. Immigration and Customs
Enforcement, ``Salaries and Expenses''.
(3) $407,000 from ``Violent Crime Reduction Programs''.
(4) $7,101,000 from U.S. Customs and Border Protection,
``Salaries and Expenses''.
(5) $3,121,348 from Department of Homeland Security,
``Office for Domestic Preparedness''.
(6) $678,213 from Federal Emergency Management Agency,
``National Predisaster Mitigation Fund''.
(rescission)
Sec. 567. Of the unobligated, prior year balances available for
U.S. Immigration and Customs Enforcement, ``Salaries and Expenses'',
$7,000,000 are rescinded.
(rescission)
Sec. 568. Of the unobligated, prior year balances available for
U.S. Immigration and Customs Enforcement, ``Automation Modernization'',
$10,000,000 are rescinded.
(rescission)
Sec. 569. Of the unobligated balances available for Department of
Homeland Security, ``Transportation Security Administration'' in
``Aviation Security'' account 70x0550, $48,503,000 are rescinded.
(rescission)
Sec. 570. Of the unobligated, prior year balances available for
Science and Technology, ``Research, Development, Acquisition, and
Operations'', $20,000,000 are rescinded.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2012''.
Calendar No. 156
112th CONGRESS
1st Session
H. R. 2017
[Report No. 112-74]
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2012, and for other purposes.
_______________________________________________________________________
June 6, 2011
Received; read twice and referred to the Committee on Appropriations
September 7, 2011
Reported with an amendment