[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