That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30, 2012, and for
other purposes, namely:
<enum>I</enum><header></header>
<appropriations-major id="H5028B7E5AB994149966B86B4DBD6C651"><header>DEPARTMENTAL MANAGEMENT AND
OPERATIONS</header>
</appropriations-major><appropriations-intermediate id="H302FCEFA63EE4609A3FF01679E5B0F5A"><header>Office of the Secretary and
Executive Management</header>
</appropriations-intermediate><appropriations-small id="H393C9D7446DA44E2B0A1E96E5D055893"><text display-inline="no-display-inline">For necessary expenses of the Office of the
Secretary of Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/112">6 U.S.C. 112</external-xref>), and executive
management of the Department of Homeland Security, as authorized by law,
$126,700,000 (reduced by
$63,350,000) (reduced by
$1,000,000):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
of the amount made available under this heading,
$63,350,000 may not be obligated until the
Committees on Appropriations of the Senate and the House of Representatives
receive: (1) the National Preparedness Goal and the National Preparedness
System consistent with Presidential Policy Directive-8; and (2) the Secretary’s
determination on implementation of biometric air
exit.</text>
</appropriations-small><appropriations-intermediate id="H2B3979B36FE84ECE8807871CC497BA87"><header>Office of the Under Secretary
for Management</header><text display-inline="no-display-inline">For necessary
expenses of the Office of the Under Secretary for Management, as authorized by
sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341
through 345), $234,940,000 (reduced by
$600,000) (reduced by
$117,470,000) (reduced by
$10,000,000), of which not to exceed
$3,000 shall be for official reception and
representation expenses:
<proviso><italic>Provided</italic></proviso>, That of the total amount
made available under this heading, $5,000,000
shall remain available until September 30, 2016, solely for the alteration and
improvement of facilities, tenant improvements, and relocation costs to
consolidate Department headquarters operations at the Nebraska Avenue Complex;
and $16,686,000 shall remain available until
September 30, 2014, for the Human Resources Information Technology
program.</text>
</appropriations-intermediate><appropriations-intermediate id="H8445E03AAAE542A1B010F594A9982CB7"><header>Office of the Chief Financial
Officer</header><text display-inline="no-display-inline">For necessary expenses
of the Office of the Chief Financial Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/113">6 U.S.C. 113</external-xref>),
$50,860,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HC323174CA699475E93C628466A91176E"><header>Office of the Chief Information
Officer</header><text display-inline="no-display-inline">For necessary expenses
of the Office of the Chief Information Officer, as authorized by section 103 of
the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/113">6 U.S.C. 113</external-xref>), and
Department-wide technology investments,
$261,300,000 (reduced by
$139,180,000), of which
$105,500,000 (reduced by
$55,672,000) shall be available for salaries and
expenses; and of which $155,800,000 (reduced by
$83,508,000), to remain available until
September 30, 2014, shall be available for development and acquisition of
information technology equipment, software, services, and related activities
for the Department of Homeland Security:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for all information technology acquisition
projects that includes—</text>
<paragraph id="HCE774A9F9AF44DBBB691AA9373506AEA"><enum>(1)</enum><text>the proposed
appropriations included for each project and activity tied to mission
requirements, program management capabilities, performance levels, and specific
capabilities and services to be delivered;</text>
</paragraph><paragraph id="HF6B2BB23824846D19A68A33FE8152FB2"><enum>(2)</enum><text>the total
estimated cost and projected timeline of completion for all multi-year
enhancements, modernizations, and new capabilities that are proposed in such
budget or underway;</text>
</paragraph><paragraph id="H939DE27E228D4D0996DDFCDC17AECF17"><enum>(3)</enum><text>a detailed
accounting of operations and maintenance and contractor services costs;
and</text>
</paragraph><paragraph id="H232F732AD4C7488BA2864749B0975779"><enum>(4)</enum><text>a current
acquisition program baseline for each project, that—</text>
<subparagraph id="H55A0DA2E877F496B97525F134EEE8114"><enum>(A)</enum><text>notes and explains
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline;</text>
</subparagraph><subparagraph id="H8298DC9256C74CF5BA265712061A9EEC"><enum>(B)</enum><text>aligns the
acquisition programs covered by the baseline to mission requirements by
defining existing capabilities, identifying known capability gaps between such
existing capabilities and stated mission requirements, and explaining how each
increment will address such known capability gaps; and</text>
</subparagraph><subparagraph id="H2B8E5E6A5EBA470B88C6673815F2E5BF"><enum>(C)</enum><text>defines life-cycle
costs for such programs.</text>
</subparagraph></paragraph></appropriations-intermediate><appropriations-intermediate id="HA46A42C9456C45EFA0907C2A195CF864"><header>Analysis and
Operations</header><text display-inline="no-display-inline">For necessary
expenses for intelligence analysis and operations coordination activities, as
authorized by title II of the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/121">6 U.S.C. 121 et
seq.</external-xref>), $344,368,000, of which
not to exceed $5,000 shall be for official
reception and representation expenses; and of which
$58,757,000 shall remain available until
September 30, 2013.</text>
</appropriations-intermediate><appropriations-intermediate id="H54E2423E4695477B8CB704B3E3024148"><header>Office of Inspector
General</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Inspector General in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.),
$124,000,000, of which not to exceed
$300,000 may be used for certain confidential
operational expenses, including the payment of informants, to be expended at
the direction of the Inspector General.</text>
</appropriations-intermediate><enum>II</enum><header></header>
<appropriations-major changed="deleted" committee-id="SSAP00" id="H2295FCFDC88C47BAAD1A36D51967642A" reported-display-style="strikethrough"><header>SECURITY, ENFORCEMENT, AND
INVESTIGATIONS</header>
</appropriations-major><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="H78EBD3B36511467EABECEED2CC223E20" reported-display-style="strikethrough"><header>U.S. Customs and Border
Protection</header>
</appropriations-intermediate><appropriations-small changed="deleted" committee-id="SSAP00" id="H91201D0F8DC94019961F59A7B07B6424" reported-display-style="strikethrough"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses for enforcement of laws relating to border security, immigration,
customs, agricultural inspections and regulatory activities related to plant
and animal imports, and transportation of unaccompanied minor aliens; purchase
and lease of up to 8,000 (7,000 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad;
$8,769,518,000 (reduced by
$1,000,000) (increased by
$1,000,000), of which
$3,274,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/26/9505">section
9505(c)(3)</external-xref> of the Internal Revenue Code of 1986 (<external-xref legal-doc="usc" parsable-cite="usc/26/9505">26 U.S.C.
9505(c)(3)</external-xref>) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/551">6 U.S.C. 551(e)(1)</external-xref>); of which not to
exceed $45,000 shall be for official reception
and representation expenses; of which not less than
$287,901,000 shall be for Air and Marine
Operations; of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (<external-xref legal-doc="usc" parsable-cite="usc/19/58c">19 U.S.C.
58c(f)(3)</external-xref>), shall be derived from that account; of which not to
exceed $150,000 shall be available for payment
for rental space in connection with preclearance operations; and of which not
to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the certificate of
the Secretary of Homeland Security:
<proviso><italic>Provided</italic></proviso>, That for fiscal year
2012, the overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (<external-xref legal-doc="usc" parsable-cite="usc/19/267">19
U.S.C. 267(c)(1)</external-xref>) shall be
$35,000; and notwithstanding any other provision
of law, none of the funds appropriated by this Act may be available to
compensate any employee of U.S. Customs and Border Protection for overtime,
from whatever source, in an amount that exceeds such limitation, except in
individual cases determined by the Secretary of Homeland Security, or the
designee of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for Inspection and Detection Technology that
identifies for each technology—</text>
<paragraph id="H99CF3CA629274768984B988785FCDFF3"><enum>(1)</enum><text>the inventory of
Inspection and Detection Technology by location and date of deployment;</text>
</paragraph><paragraph id="H4EEAD456A3284F4B87DC2AA6E6075D1B"><enum>(2)</enum><text>the proposed
appropriations included in the budget subdivided by the proposed appropriations
for procurement, including quantity, deployment, and operations and
maintenance;</text>
</paragraph><paragraph id="HCB7005C38B314F66A5FD35B4AD0C7AA0"><enum>(3)</enum><text>projected funding
levels for procurement in quantity, deployment, and operations and maintenance
for each of the next three fiscal years; and</text>
</paragraph><paragraph id="HC968A73745E8498C88E7A2751FCA5762"><enum>(4)</enum><text>a current
acquisition program baseline that—</text>
<subparagraph id="HE58605396FEF4CD78B9B7AC972FE9CBA"><enum>(A)</enum><text>aligns the
acquisition of each technology to mission requirements by defining existing
capabilities of comparable legacy technology assets, identifying known
capability gaps between such existing capabilities and stated mission
requirements, and explaining how the acquisition of each technology will
address such known capability gaps;</text>
</subparagraph><subparagraph id="HEECC1C6F8C7E439F907E0299CCA3F42E"><enum>(B)</enum><text>defines life-cycle
costs for each technology, including all associated costs of major acquisitions
systems infrastructure and transition to operations, delineated by purpose and
fiscal year for the projected service life of the technology; and</text>
</subparagraph><subparagraph id="H57CA5AC793DF4728BF9FF7BD880C5FE9"><enum>(C)</enum><text display-inline="yes-display-inline">includes a phase-out and decommissioning
schedule delineated by fiscal year for existing legacy technology assets that
each technology is intended to replace or recapitalize.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="HE39B0345F5314B86A3A93DDF8D87F578" reported-display-style="strikethrough"><header>Automation
modernization</header><text display-inline="no-display-inline">For expenses for
U.S. Customs and Border Protection automated systems,
$334,275,000, to remain available until
September 30, 2014, of which not less than
$140,000,000 shall be for the development of the
Automated Commercial Environment:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for the funds made available under this heading
that includes—</text>
<paragraph id="HD1488F072C514AF5BD05C05DADBC4EFB"><enum>(1)</enum><text>the proposed
appropriations included for each project and activity tied to mission
requirements, program management capabilities, performance levels, and specific
capabilities and services to be delivered;</text>
</paragraph><paragraph id="HB3BECEB8672C4186A7CB087EC063063E"><enum>(2)</enum><text>the total
estimated cost and projected timeline of completion for all multi-year
enhancements, modernizations, and new capabilities proposed in such budget or
underway;</text>
</paragraph><paragraph id="H04CDE29E5AD04368B79EF092C0D82EB0"><enum>(3)</enum><text>a detailed
accounting of operations and maintenance and contractor services costs;
and</text>
</paragraph><paragraph id="HA97324688A8441A8BD108D2839D3D5B0"><enum>(4)</enum><text>current
acquisition program baselines for the Automated Commercial Environment and TECS
Modernization respectively, that—</text>
<subparagraph id="H5BC4F4F0673342B5911B286B1505470A"><enum>(A)</enum><text>note and explain
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline;</text>
</subparagraph><subparagraph id="HD1916ACD8D254B9EB35BF1D054C65A95"><enum>(B)</enum><text>align these
acquisition programs to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how each increment will address such known
capability gaps; and</text>
</subparagraph><subparagraph id="H55DEA6FCE3874A1DA3001245D23169F1"><enum>(C)</enum><text>define life-cycle
costs for these programs.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="HAEF72D18CDFA4C52A93D4EFD6AF474CA" reported-display-style="strikethrough"><header>Border security fencing,
infrastructure, and technology</header><text display-inline="no-display-inline">For expenses for border security fencing,
infrastructure, and technology, $500,000,000
(increased by $10,000,000), to remain available
until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for the Border Security Fencing, Infrastructure,
and Technology account, that includes for each tactical infrastructure and
technology deployment—</text>
<paragraph id="H115A18D2892E4D8B91829FE787F2DA8A"><enum>(1)</enum><text>the funding level
in that budget and projected funding levels for each of the next three fiscal
years, including a description of the purpose of such funding levels;</text>
</paragraph><paragraph id="HF0C7E56074594C13BF1349205B2AD858"><enum>(2)</enum><text>the deployment
plan, by border segment, that aligns each deployment to mission requirements by
defining existing capabilities, identifying known capability gaps between such
existing capabilities and stated mission requirements related to achieving
operational control, and explaining how each tactical infrastructure or
technology deployment will address such known capability gaps; and</text>
</paragraph><paragraph id="H95F8E43FA87B4BE5B2AE94E070EEC703"><enum>(3)</enum><text>a current
acquisition program baseline that—</text>
<subparagraph id="H7FCA827EE16B4A0BB574951F3B84551C"><enum>(A)</enum><text>notes and explains
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the most recent acquisition program baseline approved by the
Department of Homeland Security Acquisition Review Board;</text>
</subparagraph><subparagraph id="H466EEA6ABCC34C11B16C7D584597AB3D"><enum>(B)</enum><text>includes a
phase-out and life-cycle recapitalization schedule delineated by fiscal year
for existing and new tactical infrastructure and technology deployments that
each deployment is intended to replace or recapitalize; and</text>
</subparagraph><subparagraph id="HF10266124A18498592AF47CF287B98D0"><enum>(C)</enum><text>includes
qualitative performance metrics that assess the effectiveness of new and
existing tactical infrastructure and technology deployments and inform the next
multi-year investment and management plan related to achieving operational
control of the Northern and Southwest borders of the United States.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="HDB9CE0E4DA824BA48BEF55713E47AD6B" reported-display-style="strikethrough"><header>Air and marine interdiction,
operations, maintenance, and procurement</header><text display-inline="no-display-inline">For necessary expenses for the operations,
maintenance, and procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine program, including
operational training and mission-related travel, the operations of which
include the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the enforcement
or administration of laws enforced by the Department of Homeland Security; and
at the discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts, $499,966,000, to
remain available until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall report to the Committees on
Appropriations of the Senate and the House of Representatives, not later than
90 days after the date of enactment of this Act, on the update to the five-year
strategic plan for the air and marine program directed in conference report
109–241 accompanying
<external-xref legal-doc="public-law" parsable-cite="pl/109/90">Public Law 109–90</external-xref> that addresses missions, structure, operations,
equipment, facilities, and resources including deployment and command and
control requirements, and includes a recapitalization plan with milestones and
funding, and a detailed staffing plan with associated costs to achieve full
staffing to meet all mission requirements.</text>
</appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="HEE49F02EFF7C4BE1820DCF18C14E542B" reported-display-style="strikethrough"><header>Construction and facilities
management</header><text display-inline="no-display-inline">For necessary
expenses to plan, acquire, construct, renovate, equip, furnish, operate,
manage, oversee, administer, and maintain buildings and facilities and to
provide facilities solutions and related infrastructure along with program
management support necessary for the administration and enforcement of the laws
relating to customs, immigration, and border security,
$234,096,000, to remain available until
September 30, 2016:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, an inventory of the
real property of the U.S. Customs and Border Protection and a plan for each
activity and project proposed for funding under this heading that includes the
full cost by fiscal year of each activity and project proposed and underway in
fiscal year 2013.</text>
</appropriations-small><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="H4744E0109EDE497B877EDB4F9B48A0BC" reported-display-style="strikethrough"><header>U.S. Immigration and Customs
Enforcement</header>
</appropriations-intermediate><appropriations-small changed="deleted" committee-id="SSAP00" id="H0087932273DD45DEB46571000F75AE14" reported-display-style="strikethrough"><header>salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses for enforcement of immigration and customs laws, detention and
removals, and investigations; and purchase and lease of up to 3,790 (2,350 for
replacement only) police-type vehicles;
$5,522,474,000 (increased by
$1,000,000) (reduced by
$1,000,000) (increased by
$1,000,000) (reduced by
$5,000,000) (increased by
$5,000,000), of which not to exceed
$7,500,000 shall be available until expended for
conducting special operations under section 3131 of the Customs Enforcement Act
of 1986 (<external-xref legal-doc="usc" parsable-cite="usc/19/2081">19 U.S.C.
2081</external-xref>); of which not to exceed
$15,000 shall be for official reception and
representation expenses; of which not to exceed
$2,000,000 shall be for awards of compensation
to informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security; of which not less than
$305,000 shall be for promotion of public
awareness of the child pornography tipline and activities to counter child
exploitation; of which not less than $5,400,000
(increased by $1,000,000) shall be used to
facilitate agreements consistent with section 287(g) of the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1357">8
U.S.C. 1357(g)</external-xref>); and of which not to exceed
$11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in the
United States:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary shall prioritize the identification and removal of aliens
convicted of a crime by the severity of that crime:
<proviso><italic>Provided further</italic></proviso>, That
the funding made available under this heading shall maintain a level of not
less than 34,000 detention beds through September 30, 2012:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
of the total amount provided, $10,300,000 shall
remain available until September 30, 2013, for the Visa Security Program:
<proviso><italic>Provided further</italic></proviso>, That
none of the funds provided under this heading may be used to continue a
delegation of law enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1357">8 U.S.C. 1357(g)</external-xref>) if the Department
of Homeland Security Inspector General determines that the terms of the
agreement governing the delegation of authority have been violated:
<proviso><italic>Provided further</italic></proviso>, That
none of the funds provided under this heading may be used to continue any
contract for the provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less than
<quote>adequate</quote> or the equivalent median score in any subsequent
performance evaluation system:
<proviso><italic>Provided further</italic></proviso>, That
nothing under this heading shall prevent U.S. Immigration and Customs
Enforcement from exercising those authorities provided under immigration laws
(as defined in section 101(a)(17) of the Immigration and Nationality Act
(<external-xref legal-doc="usc" parsable-cite="usc/8/1101">8 U.S.C.
1101(a)(17)</external-xref>)) during priority operations pertaining to aliens
convicted of a crime.</text>
</appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="H01B9FEB7DB3B4E93A70611EB36B5B539" reported-display-style="strikethrough"><header>automation
modernization</header><text display-inline="no-display-inline">For expenses of
immigration and customs enforcement automated systems,
$23,860,000, to remain available until September
30, 2016:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the President’s
budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for funds made available under this heading that
includes—</text>
<paragraph id="H579DE952E7514BABB83817A745ABF3AE"><enum>(1)</enum><text>the proposed
appropriations included for each project and activity tied to mission
requirements and outcomes, program management capabilities, performance levels,
and specific capabilities and services to be delivered;</text>
</paragraph><paragraph id="H0204EF7181ED4424AE14F7B00C8FAEE0"><enum>(2)</enum><text>the total
estimated cost and projected timeline of completion for all multi-year
enhancements, modernizations, and new capabilities proposed in such budget or
underway;</text>
</paragraph><paragraph id="H0E4DBB9CF5684D7B992BFFD5152708E8"><enum>(3)</enum><text>a detailed
accounting of operations and maintenance and contractor services costs;
and</text>
</paragraph><paragraph id="H195409A6077C4C8697A2051FC2066E8C"><enum>(4)</enum><text>current
acquisition program baselines for Atlas and TECS Modernization respectively,
that—</text>
<subparagraph id="HB441BA3A43754E5AB033BAD93F873758"><enum>(A)</enum><text>note and explain
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline;</text>
</subparagraph><subparagraph id="HCBE27BFEA1D747F392BE6F6D73450849"><enum>(B)</enum><text>align these
acquisition programs to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how each increment will address such known
capability gaps; and</text>
</subparagraph><subparagraph id="H1CFA2848EA654CA58F6D9AC9CD4B62FE"><enum>(C)</enum><text>define life-cycle
costs for these programs.</text>
</subparagraph></paragraph></appropriations-small><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="HBCE8688056EE498CB0A67AF6B78B5444" reported-display-style="strikethrough"><header>Transportation Security
Administration</header>
</appropriations-intermediate><appropriations-small changed="deleted" committee-id="SSAP00" id="H48A8443184A24F47A2076D79E4B2FAD7" reported-display-style="strikethrough"><header>aviation security</header><text display-inline="no-display-inline">For necessary expenses of the Transportation
Security Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (<external-xref legal-doc="public-law" parsable-cite="pl/107/71">Public Law 107–71</external-xref>; 115 Stat. 597;
<external-xref legal-doc="usc" parsable-cite="usc/49/40101">49 U.S.C.
40101</external-xref> note), $5,224,556,000, of
which $1,692,000,000 shall be available until
September 30, 2013, and of which not to exceed
$10,000 shall be for official reception and
representation expenses:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
notwithstanding <external-xref legal-doc="usc" parsable-cite="usc/49/44923">section 44923</external-xref> of title 49, United
States Code, for fiscal year 2012 any funds in the Aviation Security Capital
Fund established by <external-xref legal-doc="usc" parsable-cite="usc/49/44923">section 44923(h)</external-xref> of title 49,
United States Code, may be used for the procurement and installation of
explosives detection systems or for the issuance of other transaction
agreements for the purpose of funding projects described in section 44923(a):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the preceding proviso shall not apply to personnel hired as part-time
employees:
<proviso><italic>Provided further</italic></proviso>, That
not later than 90 days after the date of enactment of this Act, the Secretary
of Homeland Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a detailed report
on—</text>
<paragraph id="H4ECB0A9C89F140839D03E180DE45D73C"><enum>(1)</enum><text>the Department of
Homeland Security efforts and resources being devoted to develop more advanced
integrated passenger screening technologies for the most effective security of
passengers and baggage at the lowest possible operating and acquisition
costs;</text>
</paragraph><paragraph id="HC23F47B4DBD84400A900FF572E9EE3B0"><enum>(2)</enum><text>how the
Transportation Security Administration is deploying its existing passenger and
baggage screener workforce in the most cost effective manner; and</text>
</paragraph><paragraph id="HAB3EBA76141A4955A001B9FF3F9A7E05"><enum>(3)</enum><text>labor savings from
the deployment of improved technologies for passenger and baggage screening and
how those savings are being used to offset security costs or reinvested to
address security vulnerabilities:</text>
</paragraph></appropriations-small><section id="LEXA-Repairid3E9B1A5B7E574A80ACD7526C9FE24459"><continuation-text changed="deleted" committee-id="SSAP00" continuation-text-level="section" reported-display-style="strikethrough"><proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
That security service fees authorized under
<external-xref legal-doc="usc" parsable-cite="usc/49/44940">section
44940</external-xref> of title 49, United States Code, shall be credited to
this appropriation as offsetting collections and shall be available only for
aviation security:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>,
That any security service fees collected in excess of the amount made available
under this heading shall be available for fiscal year 2013:
<proviso><italic>Provided further</italic></proviso>,
That Members of the House of Representatives and the Senate, including the
leadership; the heads of Federal agencies and commissions, including the
Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of
the Department of Homeland Security; the Attorney General, Deputy Attorney
General, Assistant Attorneys General, and United States Attorneys; and senior
members of the Executive Office of the President, including the Director of the
Office of Management and Budget shall not be exempt from Federal passenger and
baggage screening.</continuation-text></section><appropriations-small changed="deleted" committee-id="SSAP00" id="H0580D08B5BCC4A478280E9DA38DDACB9" reported-display-style="strikethrough">
</appropriations-small><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="H4FBD76BC525D4E4483DC76410FDF360C" reported-display-style="strikethrough"><header>Surface Transportation
Security</header><text display-inline="no-display-inline">For necessary
expenses of the Transportation Security Administration related to surface
transportation security activities,
$129,748,000, to remain available until
September 30, 2013.</text>
</appropriations-intermediate><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="H41B47E1BB49B4B958437593BCE4F39BA" reported-display-style="strikethrough"><header>Transportation Threat Assessment
and Credentialing</header><text display-inline="no-display-inline">For
necessary expenses for the development and implementation of screening programs
of the Office of Transportation Threat Assessment and Credentialing,
$183,954,000, to remain available until
September 30, 2013.</text>
</appropriations-intermediate><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="H7AF6C5D7AFFD42C389820CB4F3B9537A" reported-display-style="strikethrough"><header>Transportation Security
Support</header><text display-inline="no-display-inline">For necessary expenses
of the Transportation Security Administration related to providing
transportation security support and intelligence pursuant to the Aviation and
Transportation Security Act (<external-xref legal-doc="public-law" parsable-cite="pl/107/71">Public Law 107–71</external-xref>; 115 Stat. 597;
<external-xref legal-doc="usc" parsable-cite="usc/49/40101">49 U.S.C.
40101</external-xref> note), $1,032,790,000, to
remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
these plans shall be submitted not later than 60 days after the date of
enactment of this Act.</text>
</appropriations-intermediate><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="H1737E01BB10A4A24907DE49C570C975C" reported-display-style="strikethrough"><header>Federal Air
Marshals</header><text display-inline="no-display-inline">For necessary
expenses of the Federal Air Marshals,
$961,375,000.</text>
</appropriations-intermediate><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="HE387734AE81847F89A43C2E464E0E653" reported-display-style="strikethrough"><header>Coast
Guard</header>
</appropriations-intermediate><appropriations-small changed="deleted" committee-id="SSAP00" id="H14109EF63B3C467B9F9E7C40279CDA1F" reported-display-style="strikethrough"><header>Operating expenses</header><text display-inline="no-display-inline">For necessary expenses for the operation and
maintenance of the Coast Guard, not otherwise provided for, purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent requirements
(at a unit cost of no more than $700,000) and
repairs and service-life replacements, not to exceed a total of
$28,000,000; purchase or lease of boats
necessary for overseas deployments and activities; minor shore construction
projects not exceeding $1,000,000 in total cost
at any location; payments pursuant to section 156 of
<external-xref legal-doc="public-law" parsable-cite="pl/97/377">Public Law 97–377</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/42/402">42 U.S.C. 402</external-xref> note; 96 Stat. 1920);
and recreation and welfare; $7,071,061,000, of
which $598,278,000 shall be for defense-related
activities, of which $258,278,000 is designated
as being for the global war on terrorism pursuant to section 301 of H. Con.
Res. 34 (112th Congress); of which $24,500,000
shall be derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (<external-xref legal-doc="usc" parsable-cite="usc/33/2712">33 U.S.C.
2712(a)(5)</external-xref>); and of which not to exceed
$20,000 shall be for official reception and
representation expenses:
<proviso><italic>Provided</italic></proviso>, That none of the funds
made available by this Act shall be for expenses incurred for recreational
vessels under <external-xref legal-doc="usc" parsable-cite="usc/46/12114">section 12114</external-xref> of title 46, United
States Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the Coast Guard shall comply with the requirements of section 527 of the
National Defense Authorization Act for Fiscal Year 2004 (<external-xref legal-doc="usc" parsable-cite="usc/10/4331">10 U.S.C. 4331</external-xref>
note) with respect to the Coast Guard Academy:
<proviso><italic>Provided further</italic></proviso>, That
of the funds provided under this heading,
$75,000,000 shall be withheld from obligation
for Coast Guard Headquarters Directorates until: (1) a revised future-years
capital investment plan for fiscal years 2012 through 2016, as specified under
the heading <quote>Coast Guard, Acquisition, Construction, and
Improvements</quote> of this Act, that is reviewed by the Comptroller General
of the United States; (2) the fiscal year 2012 second quarter acquisition
report; and (3) the polar operations high latitude study are submitted to the
Committees on Appropriations of the Senate and the House of Representatives:
<proviso><italic>Provided further</italic></proviso>, That
funds made available under this heading designated as being for the global war
on terrorism pursuant to section 301 of H. Con. Res. 34 (112th Congress) may be
allocated by program, project, and activity, notwithstanding section 503 of
this Act.</text>
</appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="H2648AB8CF4094144913967233145A832" reported-display-style="strikethrough"><header>Environmental compliance and
restoration</header><text display-inline="no-display-inline">For necessary
expenses to carry out the environmental compliance and restoration functions of
the Coast Guard under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/14/19">chapter 19</external-xref> of title 14,
United States Code, $10,198,000, to remain
available until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That an expenditure plan
that itemizes the costs associated with each project identified in the Coast
Guard’s Environmental Compliance and Restoration backlog report dated April 11,
2011, shall be included at the time that the President’s budget is submitted
each year under <external-xref legal-doc="usc" parsable-cite="usc/31/1105">section 1105(a)</external-xref> of title 31, United
States Code, to the Committees on Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="HFD6E0C9BE4904EF5B184065CCF342ACE" reported-display-style="strikethrough"><header>Reserve training</header><text display-inline="no-display-inline">For necessary expenses of the Coast Guard
Reserve, as authorized by law; operations and maintenance of the Coast Guard
reserve program; personnel and training costs; and equipment and services;
$131,778,000.</text>
</appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="H3A306C75388C4085907060077955C13B" reported-display-style="strikethrough"><header>Acquisition, construction, and
improvements</header><text display-inline="no-display-inline">For necessary
expenses of acquisition, construction, renovation, and improvement of aids to
navigation, shore facilities, vessels, and aircraft, including equipment
related thereto, and maintenance, rehabilitation, lease and operation of
facilities and equipment, as authorized by law,
$1,151,673,000, of which
$20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (<external-xref legal-doc="usc" parsable-cite="usc/33/2712">33 U.S.C. 2712(a)(5)</external-xref>); of which
$427,691,000 shall be available until September
30, 2016, to acquire, effect major repairs to, renovate, or improve vessels,
small boats, and related equipment; of which
$328,900,000 shall be available until September
30, 2014, to acquire, effect major repairs to, renovate, or improve aircraft or
increase aviation capability; of which
$171,140,000 shall be available until September
30, 2014, for other equipment; of which
$116,000,000 shall be available until September
30, 2016, for shore, infrastructure, military housing, and aids to navigation
facilities, including waterfront facilities at Navy installations used by the
Coast Guard, of which $14,000,000 may be derived
from the Coast Guard Housing Fund, established under
<external-xref legal-doc="usc" parsable-cite="usc/14/687">section
687</external-xref> of title 14, United States Code; and of which
$107,942,000 shall be available for personnel
compensation and benefits and related costs:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the President’s
budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a future-years capital
investment plan for the Coast Guard that identifies for each requested capital
asset—</text>
<paragraph id="HDA39B8B5290A4C09A1FEB547AC81F2CB"><enum>(1)</enum><text>the proposed
appropriations included in that budget;</text>
</paragraph><paragraph id="H7E6AF25FC0564A89A5BB1ABA13AB322C"><enum>(2)</enum><text>the total
estimated cost of completion, including and clearly delineating the costs of
associated major acquisition systems infrastructure and transition to
operations;</text>
</paragraph><paragraph id="H0A5B7D555EB3475BAAFE644CF4240912"><enum>(3)</enum><text>projected funding
levels for each fiscal year for the next five fiscal years or until acquisition
program baseline or project completion, whichever is earlier;</text>
</paragraph><paragraph id="H2DE8B39A61C14F748CC3F12456DD925F"><enum>(4)</enum><text>an estimated
completion date at the projected funding levels; and</text>
</paragraph><paragraph id="H64D50C13756F4E19896AD9391E93EF6E"><enum>(5)</enum><text>a current
acquisition program baseline for each capital asset, as applicable,
that—</text>
<subparagraph id="H59FCF6C15258401FAAB7F607BA738BB2"><enum>(A)</enum><text>includes the total
acquisition cost of each asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed funding levels for each
fiscal year, including for each fiscal year funds requested for design,
pre-acquisition activities, production, structural modifications,
missionization, post-delivery, and transition to operations costs;</text>
</subparagraph><subparagraph id="H618F79D29214495E92FA18B85D939BA7"><enum>(B)</enum><text>includes a
detailed project schedule through completion, subdivided by fiscal year, that
details—</text>
<clause id="HEE536DE7F39C4EF797B98D49410FD763"><enum>(i)</enum><text>quantities planned
for each fiscal year; and</text>
</clause><clause id="HA836E850C6C4467BB509F8C0BCCF164A"><enum>(ii)</enum><text>major acquisition
and project events, including development of operational requirements,
contracting actions, design reviews, production, delivery, test and evaluation,
and transition to operations, including necessary training, shore
infrastructure, and logistics;</text>
</clause></subparagraph><subparagraph id="H8264BA3DCB344516A32D473B84062737"><enum>(C)</enum><text>notes and explains
any deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline and the most recent
baseline approved by the Department of Homeland Security’s Acquisition Review
Board, if applicable;</text>
</subparagraph><subparagraph id="HEEC634335A904CA9B0328A8CCF6423CA"><enum>(D)</enum><text>aligns the
acquisition of each asset to mission requirements by defining existing
capabilities of comparable legacy assets, identifying known capability gaps
between such existing capabilities and stated mission requirements, and
explaining how the acquisition of each asset will address such known capability
gaps;</text>
</subparagraph><subparagraph id="H7981AE9BD3E84042B4FA686B0EF33B10"><enum>(E)</enum><text>defines life-cycle
costs for each asset and the date of the estimate on which such costs are
based, including all associated costs of major acquisitions systems
infrastructure and transition to operations, delineated by purpose and fiscal
year for the projected service life of the asset;</text>
</subparagraph><subparagraph id="H24C4319B616A45EC8A4F3B1FEF1990EF"><enum>(F)</enum><text>includes the
earned value management system summary schedule performance index and cost
performance index for each asset, if applicable; and</text>
</subparagraph><subparagraph id="H1256D11977B64BEFAC044D48DB67B656"><enum>(G)</enum><text>includes a
phase-out and decommissioning schedule delineated by fiscal year for each
existing legacy asset that each asset is intended to replace or
recapitalize:</text>
</subparagraph><continuation-text continuation-text-level="paragraph"><proviso><italic>Provided further</italic></proviso>, That the Secretary
shall ensure that amounts specified in the future-years capital investment plan
are consistent, to the maximum extent practicable, with proposed appropriations
necessary to support the programs, projects, and activities of the Coast Guard
in the President’s budget as submitted under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, for that fiscal year:
<proviso><italic>Provided further</italic></proviso>,
That any inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified:
<proviso><italic>Provided further</italic></proviso>,
That subsections (a) and (b) of section 6402 of
<external-xref legal-doc="public-law" parsable-cite="pl/110/28">Public Law 110–28</external-xref> shall apply with respect to the amounts made available
under this heading.</continuation-text></paragraph></appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="H2F779616B8724404A99266AEE34CBE41" reported-display-style="strikethrough"><header>Research, development, test, and
evaluation</header><text display-inline="no-display-inline">For necessary
expenses for applied scientific research, development, test, and evaluation;
and for maintenance, rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $12,779,000, to
remain available until September 30, 2016, of which
$500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (<external-xref legal-doc="usc" parsable-cite="usc/33/2712">33 U.S.C. 2712(a)(5)</external-xref>):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
a detailed expenditure plan for the amount requested under this heading shall
be included with the President’s annual budget
submission.</text>
</appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="HFE9AA9F1A8F94FDE92A9585C2C52D3BD" reported-display-style="strikethrough"><header>Retired pay</header><text display-inline="no-display-inline">For retired pay, including the payment of
obligations otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman’s Family Protection and Survivor Benefits
Plans, payment for career status bonuses, concurrent receipts and
combat-related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their dependents
under <external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/10/55">chapter 55</external-xref> of title 10,
United States Code, $1,440,157,000, to remain
available until expended.</text>
</appropriations-small><appropriations-intermediate changed="deleted" committee-id="SSAP00" id="HB3F00285B9B441A48578AF13394D9F0B" reported-display-style="strikethrough"><header>United States Secret
Service</header>
</appropriations-intermediate><appropriations-small changed="deleted" committee-id="SSAP00" id="H22C41F2E1A91472E8A864FD4B5EC1DB2" reported-display-style="strikethrough"><header>salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the United States Secret Service, including purchase of not to
exceed 652 vehicles for police-type use for replacement only; hire of passenger
motor vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be determined by
the Director of the Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other facilities on private
or other property not in Government ownership or control, as may be necessary
to perform protective functions; payment of per diem or subsistence allowances
to employees in cases in which a protective assignment on the actual day or
days of the visit of a protectee requires an employee to work 16 hours per day
or to remain overnight at a post of duty; conduct of and participation in
firearms matches; presentation of awards; travel of United States Secret
Service employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct behavioral
research in support of protective research and operations; and payment in
advance for commercial accommodations as may be necessary to perform protective
functions; $1,666,451,000, of which not to
exceed $25,000 shall be for official reception
and representation expenses; of which not to exceed
$100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000
shall be for forensic and related support of investigations of missing and
exploited children; and of which $6,000,000
shall be for a grant for activities related to investigations of missing and
exploited children and shall remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, That up to
$18,000,000 for protective travel shall remain
available until September 30, 2013:
<proviso><italic>Provided further</italic></proviso>, That
up to $12,307,000 for National Special Security
Events shall remain available until September 30, 2013:
<proviso><italic>Provided further</italic></proviso>, That
the United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as defined
in <external-xref legal-doc="usc" parsable-cite="usc/5/105">section
105</external-xref> of title 5, United States Code, for personnel receiving
training sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total budgetary
resources available under this heading at the end of the fiscal year:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Director of the United States Secret Service may enter into an agreement to
provide such protection on a fully reimbursable basis:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
none of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless the
Committees on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such obligation.</text>
</appropriations-small><appropriations-small changed="deleted" committee-id="SSAP00" id="H51F3EF07D0D9475BAE61A2D345E67702" reported-display-style="strikethrough"><header>acquisition, construction,
improvements, and related expenses</header><text display-inline="no-display-inline">For necessary expenses for acquisition,
construction, repair, alteration, and improvement of facilities,
$6,780,000, to remain available until September
30, 2016.</text>
</appropriations-small><enum>III</enum><header></header>
<appropriations-major id="H3E525A94FAD74ED19682A6816142C06D"><header>PROTECTION, PREPAREDNESS,
RESPONSE, AND RECOVERY</header>
</appropriations-major><appropriations-intermediate id="HEAD4D021414943379B8E6CDD8C2A4E63"><header>National Protection and Programs
Directorate</header>
</appropriations-intermediate><appropriations-small id="HA98BB6C94140452084719AD09D4F7E66"><header>management and
administration</header><text display-inline="no-display-inline">For salaries
and expenses of the Office of the Under Secretary for the National Protection
and Programs Directorate, support for operations, information technology, and
the Office of Risk Management and Analysis,
$42,511,000:
<proviso><italic>Provided</italic></proviso>, That not to exceed
$5,000 shall be for official reception and
representation expenses.</text>
</appropriations-small><appropriations-small id="HFF82E310EC62423D8CC825D363B4C7BD"><header>infrastructure protection and
information security</header><text display-inline="no-display-inline">For
necessary expenses for infrastructure protection and information security
programs and activities, as authorized by title II of the Homeland Security Act
of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/121">6 U.S.C. 121
et seq.</external-xref>), $891,243,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code: (1) an expenditure
plan for the Office of Infrastructure Protection and the National Cyber
Security Division that describes the strategic context of the programs, the
specific goals and milestones set for the programs, and the funds allocated to
achieving each of those goals and milestones for the fiscal year being
appropriated; and (2) a multi-year investment and management plan for the
National Cybersecurity Protection System that
identifies—</text>
<paragraph id="H6E969CEA233A425CA581D9C957F244D5"><enum>(1)</enum><text>the inventory of
nests and sensors by location and date of deployment;</text>
</paragraph><paragraph id="HBF49EBD4B6B6423B979E081B3ED59D6D"><enum>(2)</enum><text>the proposed
appropriations included in that budget for each increment sub-divided by
procurement, including quantity, deployment, and operations and
maintenance;</text>
</paragraph><paragraph id="H719EE2592FCF468D94DD248AC99B28B6"><enum>(3)</enum><text>projected funding
levels for procurements including quantity, deployment, and operations and
maintenance for each increment for each of the next five fiscal years;
and</text>
</paragraph><paragraph id="HF8395415323148A7B3D3EFAF479C2F1F"><enum>(4)</enum><text>a current
acquisition program baseline that—</text>
<subparagraph id="H75EAE493A17B4A86908BC55F3DDCA6DF"><enum>(A)</enum><text>aligns the
acquisition to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how the acquisition of each technology
will address such known capability gaps; and</text>
</subparagraph><subparagraph id="H4E168A8595314DB8BF2298E86EBF7F79"><enum>(B)</enum><text>defines life-cycle
costs for each technology, including all associated costs of major acquisitions
systems infrastructure and transition to operations, delineated by purpose and
fiscal year for the projected service life of the technology.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="H1E975FE252114BD89BC20BE3B9EA0513"><header>federal protective
service</header><text display-inline="no-display-inline">The revenues and
collections of security fees credited to this account shall be available until
expended for necessary expenses related to the protection of Federally-owned
and leased buildings and for the operations of the Federal Protective Service:
<proviso><italic>Provided</italic></proviso>, 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;
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
an expenditure plan for program, project, and activity and by objective for
fiscal year 2013 shall be submitted at the time that the President’s budget is
submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-small><appropriations-small id="H442F0E15C53641EB8C608A0A0DAF04CB"><header>united states visitor and
immigrant status indicator technology</header><text display-inline="no-display-inline">For necessary expenses for the United States
Visitor and Immigrant Status Indicator Technology program, as authorized by
section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (<external-xref legal-doc="usc" parsable-cite="usc/8/1365a">8 U.S.C.
1365a</external-xref>), $297,402,000:
<proviso><italic>Provided</italic></proviso>, That of the total amount
made available under this heading, $194,295,000
is to remain available until September 30, 2014:
<proviso><italic>Provided further</italic></proviso>, That
of the total amount provided, $50,000,000 may
not be obligated for the United States Visitor and Immigrant Status Indicator
Technology program until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure, prepared by the
Secretary of Homeland Security, not later than 90 days after the date of
enactment of this Act, that meets the statutory conditions specified under this
heading in <external-xref legal-doc="public-law" parsable-cite="pl/110/329">Public Law 110–329</external-xref>:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, a multi-year
investment and management plan for the United States Visitor and Immigrant
Status Indicator Technology program that
includes—</text>
<paragraph id="H68ECA6FEFC514724AB464BBB26C10D78"><enum>(1)</enum><text>the proposed
appropriations for each activity tied to mission requirements and outcomes,
program management capabilities, performance levels, and specific capabilities
and services to be delivered, noting any deviations in cost or performance from
the prior fiscal year expenditure or investment and management plan;</text>
</paragraph><paragraph id="HCBC9C938E1F54850BDA6440627E5E334"><enum>(2)</enum><text>the total
estimated cost, projected funding by fiscal year, and projected timeline of
completion for all enhancements, modernizations, and new capabilities proposed
in such budget and underway, including and clearly delineating associated
efforts and funds requested by other agencies within the Department of Homeland
Security and in the Federal Government, and detailing any deviations in cost,
performance, schedule, or estimated date of completion provided in the prior
fiscal year expenditure or investment and management plan; and</text>
</paragraph><paragraph id="H8B8375D990C4438CB64BDFC9B622EAD3"><enum>(3)</enum><text>a detailed
accounting of operations and maintenance, contractor services, and program
costs associated with the management of identity services.</text>
</paragraph></appropriations-small><appropriations-intermediate id="HD1F6C5C47AA946D4AC71F6916084CBED"><header>Office of Health
Affairs</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Health Affairs, $165,949,000;
of which $30,171,000 is for salaries and
expenses and $115,164,000 is for BioWatch
operations:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
not to exceed $3,000 shall be for official
reception and representation expenses:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
an expenditure plan for program, project, and activity and by objective for
each fiscal year shall be submitted at the time that the President’s budget is
submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-intermediate><appropriations-intermediate id="H566327B04B0A4232B92B9E991E58706A"><header>Federal Emergency Management
Agency</header>
</appropriations-intermediate><appropriations-small id="H59CFE8CF391448479620002F29C5727F"><header>management and
administration</header><text display-inline="no-display-inline">For necessary
expenses for management and administration of the Federal Emergency Management
Agency, $707,298,000, including activities
authorized by the National Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4001">42 U.S.C. 4001 et
seq.</external-xref>), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5121">42
U.S.C. 5121 et seq.</external-xref>), the Cerro Grande Fire Assistance Act of
2000 (division C, title I, 114 Stat. 583), the Earthquake Hazards Reduction Act
of 1977 (<external-xref legal-doc="usc" parsable-cite="usc/42/7701">42 U.S.C.
7701 et seq.</external-xref>), the Defense Production Act of 1950 (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947
(<external-xref legal-doc="usc" parsable-cite="usc/50/404">50 U.S.C.
404</external-xref>, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/101">6 U.S.C. 101 et
seq.</external-xref>), and the Post-Katrina Emergency Management Reform Act of
2006 (<external-xref legal-doc="public-law" parsable-cite="pl/109/295">Public Law 109–295</external-xref>):
<proviso><italic>Provided</italic></proviso>, That not to exceed
$3,000 shall be for official reception and
representation expenses:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Homeland Security shall submit an expenditure plan detailed by
office for the Federal Emergency Management Agency to the Committees on
Appropriations of the Senate and the House of Representatives at the time that
the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
for purposes of planning, coordination, execution, and decision-making related
to mass evacuation during a disaster, the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania, or their designees, shall be
incorporated into efforts to integrate the activities of Federal, State, and
local governments in the National Capital Region, as defined in section 882 of
the Homeland Security Act of 2002 (<external-xref legal-doc="public-law" parsable-cite="pl/107/296">Public Law 107–296</external-xref>).</text>
</appropriations-small><appropriations-small id="H9110DA4793B24912836193625FB8550C"><header>state and local
programs</header>
</appropriations-small><appropriations-small id="H24C5C842321C4F0F9AC90B0FCFC518D8"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For grants, contracts,
cooperative agreements, and other activities,
$1,000,000,000, which shall be distributed at
the discretion of the Secretary of Homeland Security based on the following
authorities:</text>
<paragraph id="HBC60DFD08FB5430E8FCEA9F84CF29C05"><enum>(1)</enum><text>The State Homeland
Security Grant Program under section 2004 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/605">6 U.S.C.
605</external-xref>).</text>
</paragraph><paragraph id="HE7E784F7A7094405BC5DA5FC74F2A362"><enum>(2)</enum><text>The Urban Area
Security Initiative under section 2003 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/604">6 U.S.C.
604</external-xref>), notwithstanding subsection (c)(1) of such section, funds
provided under this paragraph may be used for grants to organizations (as
described under <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)(3)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax section 501(a) of such code)
determined by the Secretary to be at high risk of a terrorist attack.</text>
</paragraph><paragraph id="HEDA895B2C010409296599F4554396E99"><enum>(3)</enum><text>The Metropolitan
Medical Response System under section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (<external-xref legal-doc="usc" parsable-cite="usc/6/723">6 U.S.C. 723</external-xref>).</text>
</paragraph><paragraph id="H45C7036A8C214998881B70386519C2A0"><enum>(4)</enum><text>The Citizen Corps
Program, notwithstanding the requirements of subtitle A of title XX of the
Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/603">6 U.S.C. 603 et seq.</external-xref>).</text>
</paragraph><paragraph id="H6C3E5CD81EDE41D4BC7CDF85C5F41377"><enum>(5)</enum><text>The Public
Transportation Security Assistance and Railroad Security Assistance, under
sections 1406 and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135 and 1163):
<proviso><italic>Provided</italic></proviso>, That such public
transportation security assistance shall be provided directly to public
transportation agencies.</text>
</paragraph><paragraph id="H9C499A8D712149CCAF64DC1C5D007610"><enum>(6)</enum><text display-inline="yes-display-inline">Over-the-Road Bus Security Assistance under
section 1532 of the Implementing Recommendations of the 9/11 Commission Act of
2007 (<external-xref legal-doc="usc" parsable-cite="usc/6/1182">6 U.S.C.
1182</external-xref>).</text>
</paragraph><paragraph id="H80524BEE385F4990B417C217FFF24E43"><enum>(7)</enum><text display-inline="yes-display-inline">Port Security Grants in accordance with 46
U.S.C. 70107.</text>
</paragraph><paragraph id="HB0B7AE79FC694465AD27632440341FE5"><enum>(8)</enum><text display-inline="yes-display-inline">The Driver’s License Security Grants
Program in accordance with section 204 of the REAL ID Act of 2005
(<external-xref legal-doc="usc" parsable-cite="usc/49/30301">49 U.S.C.
30301</external-xref> note).</text>
</paragraph><paragraph id="HF21BE9F3BB69438AB721BFA1154DC437"><enum>(9)</enum><text display-inline="yes-display-inline">The Interoperable Emergency Communications
Grant Program under section 1809 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/579">6 U.S.C.
579</external-xref>).</text>
</paragraph></appropriations-small><appropriations-small id="HF990B29739B24403A5AE378F78473245"><text display-inline="no-display-inline"><proviso><italic>Provided</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>, That
notwithstanding subsection (c)(4) of section 2004 of the Homeland Security Act
of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/605">6 U.S.C.
605</external-xref>), for fiscal year 2012, the Commonwealth of Puerto Rico
shall make available to local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under the State Homeland Security Grant Program in
accordance with subsection (c)(1) of such section 2004:
<proviso><italic>Provided further</italic></proviso>, That
10 percent of the amounts provided under this heading shall be transferred to
<quote>Federal Emergency Management Agency, Management and
Administration</quote> for program administration, and the Secretary of
Homeland Security shall provide an expenditure plan for program administration
to the Committees on Appropriations of the Senate and the House of
Representatives within 60 days after the date of enactment of this Act:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary shall provide a detailed expenditure plan for program
administration for each fiscal year to the Committees on Appropriations of the
Senate and the House of Representatives at the time that the President’s budget
is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code:
<proviso><italic>Provided further</italic></proviso>, That
notwithstanding section 2008(a)(11) of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/609">6 U.S.C.
609(a)(11)</external-xref>), or any other provision of law, a grantee may use
not more than five percent of the amount of a grant made available under this
heading for expenses directly related to administration of the grant:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
for grants under paragraphs (1) and (2), the installation of communications
towers is not considered construction of a building or other physical facility:
<proviso><italic>Provided further</italic></proviso>, That
grantees shall provide reports on their use of funds, as determined necessary
by the Secretary:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
not later than 60 days after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall submit to the
Committees on Appropriations of the Senate and the House of Representatives a
plan to expend by the end of fiscal year 2012 all unexpended balances of funds
appropriated for fiscal years before fiscal year 2008 under this
heading.</text>
</appropriations-small><appropriations-small id="H5067E9BEA83440EEB68F3D9FD1F656AC"><header>firefighter assistance
grants</header><text display-inline="no-display-inline">For necessary expenses
for programs authorized by the Federal Fire Prevention and Control Act of 1974
(<external-xref legal-doc="usc" parsable-cite="usc/15/2201">15 U.S.C. 2201 et
seq.</external-xref>), $350,000,000 (increased
by $320,000,000), of which
$200,000,000 (increased by
$135,000,000) shall be available to carry out
section 33 of that Act (<external-xref legal-doc="usc" parsable-cite="usc/15/2229">15 U.S.C. 2229</external-xref>) and
$150,000,000 (increased by
$185,000,000) shall be available to carry out
section 34 of that Act (<external-xref legal-doc="usc" parsable-cite="usc/15/2229a">15 U.S.C. 2229a</external-xref>), to remain
available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, That not to exceed 10
percent of the amount available under this heading shall be transferred to
<quote>Federal Emergency Management Agency, Management and
Administration</quote> for program administration, and an expenditure plan for
program administration shall be provided to the Committees on Appropriations of
the Senate and the House of Representatives not later than 60 days after the
date of enactment of this Act:
<proviso><italic>Provided further</italic></proviso>, That
an expenditure plan for program administration shall be submitted at the time
that the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-small><appropriations-small id="H8A601D96DD77472B98E5A7ACFBA8909E"><header>emergency management performance
grants</header><text display-inline="no-display-inline">For necessary expenses
for emergency management performance grants, as authorized by the National
Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4001">42 U.S.C. 4001 et seq.</external-xref>), the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5121">42 U.S.C. 5121 et
seq.</external-xref>), the Earthquake Hazards Reduction Act of 1977
(<external-xref legal-doc="usc" parsable-cite="usc/42/7701">42 U.S.C. 7701 et
seq.</external-xref>), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$350,000,000:
<proviso><italic>Provided</italic></proviso>, That not to exceed 10
percent of the amount available under this heading shall be transferred to
<quote>Federal Emergency Management Agency, Management and
Administration</quote> for program administration, and an expenditure plan for
program administration shall be provided to the Committees on Appropriations of
the Senate and the House of Representatives not later than 60 days after the
date of enactment of this Act:
<proviso><italic>Provided further</italic></proviso>, That
an expenditure plan for program administration shall be submitted at the time
that the President’s budget is submitted each year under
<external-xref legal-doc="usc" parsable-cite="usc/31/1105">section
1105(a)</external-xref> of title 31, United States Code, to the Committees on
Appropriations of the Senate and the House of
Representatives.</text>
</appropriations-small><appropriations-small id="H04D4F84E597346E3862EE081B32B5EBF"><header>radiological emergency
preparedness program</header><text display-inline="no-display-inline">The
aggregate charges assessed during fiscal year 2012, as authorized in title III
of the Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (<external-xref legal-doc="usc" parsable-cite="usc/42/5196e">42 U.S.C. 5196e</external-xref>), shall not be
less than 100 percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the
next fiscal year:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
fees received under this heading shall be deposited in this account as
offsetting collections and will become available for authorized purposes on
October 1, 2012, and remain available until
expended.</text>
</appropriations-small><appropriations-small id="H49A0B15700974E7EBF8B8AC1546CE2A5"><header>united states fire
administration</header><text display-inline="no-display-inline">For necessary
expenses of the United States Fire Administration and for other purposes, as
authorized by the Federal Fire Prevention and Control Act of 1974
(<external-xref legal-doc="usc" parsable-cite="usc/15/2201">15 U.S.C. 2201 et
seq.</external-xref>) and the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/101">6 U.S.C. 101 et
seq.</external-xref>),
$42,538,000.</text>
</appropriations-small><appropriations-small id="H53E22E7EFE314C32B064FEAF9D0415A1"><header>disaster
relief</header>
</appropriations-small><appropriations-small id="H4F38ADB9027A4A7398708464155FEF17"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5121">42 U.S.C. 5121
et seq.</external-xref>), $2,650,000,000
(reduced by $100,000,000) (increased by
$100,000,000), to remain available until
expended:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
not later than 60 days after the date of enactment of this Act,
$105,600,000 shall be transferred to
<quote>Federal Emergency Management Agency, Management and
Administration</quote> for management and administration functions:
<proviso><italic>Provided further</italic></proviso>, That
the Administrator of the Federal Emergency Management Agency shall submit the
monthly <quote>Disaster Relief</quote> report, as specified in
<external-xref legal-doc="public-law" parsable-cite="pl/110/161">Public Law 110–161</external-xref>, to the Committees on Appropriations of the Senate and
the House of Representatives, and include the amounts provided to each Federal
agency for mission assignments:
<proviso><italic>Provided further</italic></proviso>, That
the Administrator of the Federal Emergency Management Agency shall submit
quarterly reports to the Committees on Appropriations of the Senate and the
House of Representatives providing estimates of funding requirements for
<quote>Disaster Relief</quote> for the current fiscal year and the succeeding
three fiscal years which shall include—</text>
<paragraph id="H23CE380E9EB04164986459B260F47A46"><enum>(1)</enum><text>an estimate, by
quarter, for the costs of all previously designated disasters;</text>
</paragraph><paragraph id="H217D06970FFA4563848127D5DE68720F"><enum>(2)</enum><text>an estimate, by
quarter, for the cost of future disasters based on a five-year average,
excluding catastrophic disasters;</text>
</paragraph><paragraph id="H27B5AA557D344678B896B024ADA913C7"><enum>(3)</enum><text>an estimate, by
quarter, for the costs of catastrophic disasters excluded from the five-year
average subdivided by disaster and shall include the amount already obligated
and the remaining estimated costs; and</text>
</paragraph><paragraph id="H09030F2C5A0F4A8B986041B55750383A"><enum>(4)</enum><text>an estimate of the
date on which the <quote>Disaster Relief</quote> balance will reach
$800,000,000:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>,
That the President shall submit an offset budget amendment from within
discretionary funds not later than three months prior to the date that the
Administrator of the Federal Emergency Management Agency estimates that the
total amount remaining unallocated in <quote>Disaster Relief</quote>' will
reach $800,000,000, and that the request shall
account for all estimated funding requirements for that fiscal year:
<proviso><italic>Provided further</italic></proviso>,
That for any request for reimbursement from a Federal agency to the Department
of Homeland Security to cover expenditures under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5121">42 U.S.C. 5121 et seq.</external-xref>), or any
mission assignment orders issued by the Department for such purposes, the
Secretary of Homeland Security shall take appropriate steps to ensure that each
agency is periodically reminded of the Department policies on—</text>
<subparagraph id="HF527E54FEAAA41D1805BEF43643AF505"><enum>(A)</enum><text>the detailed
information required in supporting documentation for reimbursements; and</text>
</subparagraph><subparagraph id="H20BC9B78AE58469CAD2EFC046223822D"><enum>(B)</enum><text>the necessity for
timeliness of agency billings.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="H08137FAEB3414C08BE120668006CE078"><header>disaster assistance direct loan
program account</header><text display-inline="no-display-inline">For activities
under section 319 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5162">42
U.S.C. 5162</external-xref>), $296,000 is for
the cost of direct loans:
<proviso><italic>Provided</italic></proviso>, That gross obligations
for the principal amount of direct loans shall not exceed
$25,000,000:
<proviso><italic>Provided further</italic></proviso>, That
the cost of modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (<external-xref legal-doc="usc" parsable-cite="usc/2/661a">2 U.S.C.
661a</external-xref>).</text>
</appropriations-small><appropriations-small id="HFBB95D3708694A46A6AE325DD471FA4A"><header>flood hazard mapping and risk
analysis program</header><text display-inline="no-display-inline">For necessary
expenses under section 1360 of the National Flood Insurance Act of 1968
(<external-xref legal-doc="usc" parsable-cite="usc/42/4101">42 U.S.C.
4101</external-xref>), $102,712,000, and such
additional sums as may be provided by State and local governments or other
political subdivisions for cost-shared mapping activities under section
1360(f)(2) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/42/4101">42 U.S.C. 4101(f)(2)</external-xref>), to remain
available until expended:
<proviso><italic>Provided</italic></proviso>, That total administrative
costs shall not exceed three percent of the total amount appropriated under
this heading.</text>
</appropriations-small><appropriations-small id="HE050AC270DA1441894F220B08F7E9969"><header>national flood insurance
fund</header><text display-inline="no-display-inline">For activities under the
National Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4001">42 U.S.C. 4001 et seq.</external-xref>) and the
Flood Disaster Protection Act of 1973 (<external-xref legal-doc="usc" parsable-cite="usc/42/4001">42 U.S.C. 4001 et seq.</external-xref>),
$171,000,000, which shall remain available until
September 30, 2013, and shall be derived from offsetting collections assessed
and collected under section 1308(d) of the National Flood Insurance Act of 1968
(<external-xref legal-doc="usc" parsable-cite="usc/42/4015">42 U.S.C.
4015(d)</external-xref>), which is available for salaries and expenses
associated with flood mitigation and flood insurance operations; and flood
plain management and flood mapping:
<proviso><italic>Provided</italic></proviso>, That not to exceed
$22,000,000 shall be available for salaries and
expenses associated with flood mitigation and flood insurance operations:
<proviso><italic>Provided further</italic></proviso>, That
not less than $149,000,000 shall be available
for flood plain management and flood mapping:
<proviso><italic>Provided further</italic></proviso>, That
any additional fees collected pursuant to section 1308(d) of the National Flood
Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4015">42 U.S.C. 4015(d)</external-xref>) shall be
credited as an offsetting collection to this account, to be available for flood
plain management and flood mapping:
<proviso><italic>Provided further</italic></proviso>, That
in fiscal year 2012, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (<external-xref legal-doc="usc" parsable-cite="usc/42/4017">42 U.S.C. 4017</external-xref>) in excess of: (1)
$132,000,000 for operating expenses; (2)
$1,007,571,000 for commissions and taxes of
agents; (3) such sums as are necessary for interest on Treasury borrowings; and
(4) $50,000,000, which shall remain available
until expended for flood mitigation actions, of which
$10,000,000 is for repetitive insurance claims
properties under section 1323 of the National Flood Insurance Act of 1968
(<external-xref legal-doc="usc" parsable-cite="usc/42/4030">42 U.S.C.
4030</external-xref>), and of which $40,000,000
is for flood mitigation assistance under section 1366 of the National Flood
Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4104c">42 U.S.C. 4104c</external-xref>), notwithstanding
subparagraphs (B) and (C) of subsection (b)(3) and subsection (f) of section
1366 of the National Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4104c">42 U.S.C. 4104c</external-xref>),
and notwithstanding subsection (a)(7) of section 1310 of the National Flood
Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4017">42 U.S.C. 4017</external-xref>):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
total administrative costs shall not exceed four percent of the total
appropriation.</text>
</appropriations-small><appropriations-small id="HEE54AE633C3E438A8322E5660F6773FC"><header>national predisaster mitigation
fund</header><text display-inline="no-display-inline">For the predisaster
mitigation grant program under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5133">42 U.S.C. 5133</external-xref>),
$40,000,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, That the total
administrative costs associated with such grants shall not exceed three percent
of the total amount made available under this
heading.</text>
</appropriations-small><appropriations-small id="H838383AF4BC046A8AA66F8C272948D8D"><header>emergency food and
shelter</header><text display-inline="no-display-inline">To carry out the
emergency food and shelter program pursuant to title III of the McKinney-Vento
Homeless Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/11331">42 U.S.C. 11331 et seq.</external-xref>),
$120,000,000, to remain available until
expended:
<proviso><italic>Provided</italic></proviso>, That total administrative
costs shall not exceed 3.5 percent of the total amount made available under
this heading.</text>
</appropriations-small><enum>IV</enum>
<appropriations-major id="HA73A77520A8B441CA854C2D5A772878F"><header>RESEARCH AND DEVELOPMENT,
TRAINING, AND SERVICES</header>
</appropriations-major><appropriations-intermediate id="HCD81897396F94DB5A949659D8D0779F7"><header>United States Citizenship and
Immigration Services</header><text display-inline="no-display-inline">For
necessary expenses for citizenship and immigration services,
$132,361,000 for immigration verification
programs, including the E-Verify Program, as authorized by section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C.
1324a</external-xref> note), to assist United States employers with maintaining
a legal workforce:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Director of United States Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of
employment.</text>
</appropriations-intermediate><appropriations-intermediate id="HB34814FD3EE74E369214F22EADECE3D8"><header>Federal Law Enforcement Training
Center</header>
</appropriations-intermediate><appropriations-small id="H18725E91B3BD4D84A8798F24FDB794AD"><header>salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Federal Law Enforcement Training Center, including materials
and support costs of Federal law enforcement basic training; the purchase of
not to exceed 117 vehicles for police-type use and hire of passenger motor
vehicles; expenses for student athletic and related activities; the conduct of
and participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly reimbursement to employees
authorized to use personal mobile phones for official duties; and services as
authorized by <external-xref legal-doc="usc" parsable-cite="usc/5/3109">section
3109</external-xref> of title 5, United States Code;
$238,957,000, of which up to
$48,978,000 shall remain available until
September 30, 2013, for materials and support costs of Federal law enforcement
basic training; of which $300,000 shall remain
available until expended to be distributed to Federal law enforcement agencies
for expenses incurred participating in training accreditation; and of which not
to exceed $12,000 shall be for official
reception and representation expenses:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
section 1202(a) of
<external-xref legal-doc="public-law" parsable-cite="pl/107/206">Public Law 107–206</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/42/3771">42 U.S.C. 3771</external-xref> note), as amended by
<external-xref legal-doc="public-law" parsable-cite="pl/111/83">Public Law 111–83</external-xref> (123 Stat. 2166), is further amended by striking
<quote>December 31, 2012</quote> and inserting <quote>December 31,
2014</quote>:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, shall lead the
Federal law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors.</text>
</appropriations-small><appropriations-small id="H36A4639C57D74170B67A6F9C2490F666"><header>acquisitions, construction,
improvements, and related expenses</header><text display-inline="no-display-inline">For acquisition of necessary additional real
property and facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement Training
Center, $35,456,000, to remain available until
September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That the Center is
authorized to accept reimbursement to this appropriation from government
agencies requesting the construction of special use
facilities.</text>
</appropriations-small><appropriations-major id="H7824B64C12E74C4CADF0AA0B91E926EE"><header>SCIENCE AND
TECHNOLOGY</header>
</appropriations-major><appropriations-intermediate id="HBBC650A433D5478DB2E147FEA92149D8"><header>Management and
Administration</header><text display-inline="no-display-inline">For salaries
and expenses of the Office of the Under Secretary for Science and Technology
and for management and administration of programs and activities, as authorized
by title III of the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/181">6 U.S.C. 181 et
seq.</external-xref>), $140,565,000:
<proviso><italic>Provided</italic></proviso>, That not to exceed
$10,000 shall be for official reception and
representation expenses.</text>
</appropriations-intermediate><appropriations-intermediate id="HA989474036A145479C72180BF99D8F57"><header>Research, Development,
Acquisition, and Operations</header><text display-inline="no-display-inline">For necessary expenses for science and
technology research, including advanced research projects, development, test
and evaluation, acquisition, and operations as authorized by title III of the
Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/181">6 U.S.C. 181 et seq.</external-xref>), and the
purchase or lease of not to exceed five vehicles,
$398,213,000, of which
$196,713,000, to remain available until
September 30, 2014; and of which $201,500,000,
to remain available until September 30, 2016, solely for operation and
construction of laboratory facilities.</text>
</appropriations-intermediate><appropriations-major id="H9DE7E9A140EE4E7DA5B7AB42E388E120"><header>DOMESTIC NUCLEAR DETECTION
OFFICE</header>
</appropriations-major><appropriations-intermediate id="HF1A9CAF87BAD47DB81E5105B348D1CA4"><header>Management and
Administration</header><text display-inline="no-display-inline">For salaries
and expenses of the Domestic Nuclear Detection Office, as authorized by title
XIX of the Homeland Security Act of 2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/591">6 U.S.C. 591 et seq.</external-xref>), for management
and administration of programs and activities,
$40,000,000:
<proviso><italic>Provided</italic></proviso>, That not to exceed
$3,000 shall be for official reception and
representation expenses.</text>
</appropriations-intermediate><appropriations-intermediate id="H9521D2D74AB64A2C9FA5EDE06B7B0918"><header>Research, Development, and
Operations</header><text display-inline="no-display-inline">For necessary
expenses for radiological and nuclear research, development, testing,
evaluation, and operations, $245,194,000, to
remain available until September 30, 2014.</text>
</appropriations-intermediate><appropriations-intermediate id="H5740221483FB4D938A97D1977D72F70F"><header>Systems
Acquisition</header><text display-inline="no-display-inline">For expenses for
the Domestic Nuclear Detection Office acquisition and deployment of
radiological detection systems in accordance with the global nuclear detection
architecture, $52,000,000, to remain available
until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary shall continue to consult with the National Academy of Sciences
before making such certifications:
<proviso><italic>Provided further</italic></proviso>, That
none of the funds appropriated under this heading shall be used for high-risk
concurrent development and production of mutually dependent software and
hardware.</text>
</appropriations-intermediate><enum>V</enum>
<appropriations-major id="H10C9138B05A2483E9FD558CC068403CB"><header>GENERAL
PROVISIONS</header>
</appropriations-major><appropriations-small id="H30ADB2D2D7F8440CBDC99457A771692A"><header>(including rescissions of
funds)</header>
</appropriations-small><section id="HC5324ED9EC8A425BA73AE845F787E614"><enum>501.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
</section><section id="HFE34ED7E090A40EF8B9B727DF939BBB0"><enum>502.</enum><text display-inline="yes-display-inline">Subject to the requirements of section 503
of this Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be accounted for as one
fund for the same time period as originally enacted.</text>
</section><section id="H62379C7BE47F40C9A536298ABA3898CF"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8052603EA606417FACADB8FF507E05A8"><enum>(a)</enum><text>None of the funds
provided by this Act, provided by previous appropriations Acts to the agencies
in or transferred to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2012, or provided from any
accounts in the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that: (1) creates a new
program, project, office, or activity; (2) eliminates a program, project,
office, or activity; (3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either of the Committees on
Appropriations of the Senate or the House of Representatives for a different
purpose; or (5) contracts out any function or activity for which funding levels
were requested for Federal full-time equivalents in the object classification
tables contained in the fiscal year 2012 Budget Appendix for the Department of
Homeland Security, as modified by the joint explanatory statement accompanying
this Act, unless the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such reprogramming of
funds.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="H24511C726C4842F983E6C806B0E38E5B" reported-display-style="strikethrough"><enum>(b)</enum><text>None of the funds
provided by this Act, provided by previous appropriations Acts to the agencies
in or transferred to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2012, or provided from any
accounts in the Treasury of the United States derived by the collection of fees
or proceeds available to the agencies funded by this Act, shall be available
for obligation or expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000
or 10 percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any existing
program, project, or activity, or reduces the numbers of personnel by 10
percent as approved by the Congress; or (3) results from any general savings
from a reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such reprogramming of funds.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="H4BF293FEA7344A2FB742F8D375A2DFB7" reported-display-style="strikethrough"><enum>(c)</enum><text>Not to exceed five
percent of any appropriation made available for the current fiscal year for the
Department of Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be increased by
more than 10 percent by such transfers:
<proviso><italic>Provided</italic></proviso>, That any transfer under
this section shall be treated as a reprogramming of funds under subsection (b)
and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are notified 15
days in advance of such transfer.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="HAF7DA4F83A3D4AE6924BDC8F50484512" reported-display-style="strikethrough"><enum>(d)</enum><text>Notwithstanding
subsections (a), (b), and (c) of this section, no funds shall be reprogrammed
within or transferred between appropriations after June 30, except in
extraordinary circumstances that imminently threaten the safety of human life
or the protection of property.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="HD186625747AE483BAD5BBD3BAC33028D" reported-display-style="strikethrough"><enum>(e)</enum><text>The notification
thresholds and procedures set forth in this section shall apply to any use of
deobligated balances of funds provided in previous Department of Homeland
Security Appropriations Acts.</text>
</subsection></section><section id="HCE7618F36DFA442EB80CF74323CE0A8E"><enum>504.</enum><text display-inline="yes-display-inline">The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of
<external-xref legal-doc="public-law" parsable-cite="pl/103/356">Public Law 103–356</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/31/501">31 U.S.C. 501</external-xref> note), shall continue
operations as a permanent working capital fund for fiscal year 2012:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>,
That all departmental components shall be charged only for direct usage of each
Working Capital Fund service:
<proviso><italic>Provided further</italic></proviso>,
That funds provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component:
<proviso><italic>Provided further</italic></proviso>,
That the Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service:
<proviso><italic>Provided further</italic></proviso>,
That the Working Capital Fund shall be subject to the requirements of section
503 of this Act.</text>
</section><section id="HCA09F3C3C22142C7A5C7F0E285EF72EB"><enum>505.</enum><text display-inline="yes-display-inline">Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances remaining available at
the end of fiscal year 2012 from appropriations for salaries and expenses for
fiscal year 2012 in this Act shall remain available through September 30, 2013,
in the account and for the purposes for which the appropriations were provided:
<proviso><italic>Provided</italic></proviso>, That prior to the
obligation of such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for approval in
accordance with section 503 of this Act.</text>
</section><section id="H01909339DD3F4284AF46AF76CBEA864D"><enum>506.</enum><text display-inline="yes-display-inline">Funds made available by this Act for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of 1947
(<external-xref legal-doc="usc" parsable-cite="usc/50/414">50 U.S.C.
414</external-xref>) during fiscal year 2012 until the enactment of an Act
authorizing intelligence activities for fiscal year 2012.</text>
</section><section id="H035338D175B94406903F7FF90C8B5CAB"><enum>507.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF4CE84FDCEBA4F88B2DDFCB9C164D095"><enum>(a)</enum><text>Except as provided in
subsections (b) and (c), none of the funds made available by this Act may be
used to—</text>
<paragraph changed="deleted" committee-id="SSAP00" id="H263173D77F354B0795B7A3F84BE2EA1F" reported-display-style="strikethrough"><enum>(1)</enum><text>make or award a
grant allocation, grant, contract, other transaction agreement, task or
delivery order on a Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of
$1,000,000;</text>
</paragraph><paragraph changed="deleted" committee-id="SSAP00" id="H38FF1F1E07B24079B14E42059F9354A9" reported-display-style="strikethrough"><enum>(2)</enum><text>award a task order
requiring an obligation of funds in an amount greater than
$25,000,000 from multi-year Department of
Homeland Security funds or a task order that would cause cumulative obligations
of multi-year funds in a single account to exceed 50 percent of the total
amount appropriated; or</text>
</paragraph><paragraph changed="deleted" committee-id="SSAP00" id="HC4E83A43696A4092BFD679177A7332AF" reported-display-style="strikethrough"><enum>(3)</enum><text>announce publicly
the intention to make or award items under paragraph (1) or (2), including a
contract covered by the Federal Acquisition Regulation.</text>
</paragraph></subsection><subsection changed="deleted" committee-id="SSAP00" id="HE294A089D86341878257B2B80D4A5FB3" reported-display-style="strikethrough"><enum>(b)</enum><text>The Secretary of
Homeland Security may waive the prohibition under subsection (a) if the
Secretary notifies the Committees on Appropriations of the Senate and the House
of Representatives at least three full business days in advance of making an
award or issuing a letter as described in that subsection.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="H50A1E4F8CFF74E0BA03D9803A645DBC7" reported-display-style="strikethrough"><enum>(c)</enum><text>If the Secretary
of Homeland Security determines that compliance with this section would pose a
substantial risk to human life, health, or safety, an award may be made without
notification, then the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than five full
business days after such an award is made or letter issued.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="H9816BA8A017C421DBB6B66F77B98B9AC" reported-display-style="strikethrough"><enum>(d)</enum><text>A notification
under this section—</text>
<paragraph id="H1E06372AA62644629A5975A57470E7D2"><enum>(1)</enum><text>may not involve
funds that are not available for obligation; and</text>
</paragraph><paragraph id="HF781B32B47A541FC8689A21821031902"><enum>(2)</enum><text>shall include the
amount of the award, the fiscal year for which the funds for the award were
appropriated, and the account from which the funds are being drawn.</text>
</paragraph></subsection><subsection changed="deleted" committee-id="SSAP00" id="HF380CC4BC67E4284954FBAE5921E35AA" reported-display-style="strikethrough"><enum>(e)</enum><text>The Administrator
of the Federal Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives five full
business days in advance of announcing publicly the intention of making an
award under “State and Local Programs”</text>
</subsection></section><section id="H6B2CC76608334E1CB885DD79AF93C6EE"><enum>508.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
no agency shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of Representatives,
except that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training that cannot be accommodated in existing Center
facilities.</text>
</section><section id="H849545D4AB924543BC703241F52B2392"><enum>509.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus otherwise
required under
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/40/33">chapter 33</external-xref> of title 40,
United States Code, has not been approved, except that necessary funds may be
expended for each project for required expenses for the development of a
proposed prospectus.</text>
</section><section id="H1C967660504F41B2B2B6B516E34A7CB2"><enum>510.</enum><text display-inline="yes-display-inline">Sections 520, 522, and 530 of the
Department of Homeland Security Appropriations Act, 2008 (division E of
<external-xref legal-doc="public-law" parsable-cite="pl/110/161">Public Law 110–161</external-xref>; 121 Stat. 2042 et seq.) shall apply with respect to
funds made available in this Act in the same manner as such sections applied to
funds made available in that Act.</text>
</section><section id="HAD1057EA99D54597A3CB66925EF7B22E"><enum>511.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used in contravention of the applicable provisions of the Buy
American Act (<external-xref legal-doc="usc" parsable-cite="usc/41/10a">41
U.S.C. 10a et seq.</external-xref>).</text>
</section><section id="HC1CB580C643B4260ACF52FFBF2E9852E"><enum>512.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used by any person other than the Privacy Officer appointed under
subsection (a) of section 222 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/142">6 U.S.C.
142(a)</external-xref>) to alter, direct that changes be made to, delay, or
prohibit the transmission to Congress of any report prepared under paragraph
(6) of such subsection.</text>
</section><section id="H629DB58784764468B727042646C59E5D"><enum>513.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1448">8 U.S.C. 1448</external-xref>).</text>
</section><section id="H9D0E89360E684AC1A9E05ECAEDAD4CFB"><enum>514.</enum><text display-inline="yes-display-inline">Within 45 days after the end of each month,
the Chief Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month that
includes total obligations, on-board versus funded full-time equivalent
staffing levels, and the number of contract employees for each office of the
Department.</text>
</section><section id="H9996EDC221DA4D1D85D5CE44475CA2BD"><enum>515.</enum><text display-inline="yes-display-inline">Except as provided in
<external-xref legal-doc="usc" parsable-cite="usc/49/44945">section
44945</external-xref> of title 49, United States Code, funds appropriated for
or transferred to <quote>Transportation Security Administration, Aviation
Security</quote>, <quote>Transportation Security Administration,
Administration</quote>, and <quote>Transportation Security Administration,
Transportation Security Support</quote> for fiscal years 2004, 2005, 2006,
2007, 2008, 2009, and 2010 that are recovered or deobligated shall be available
only for the procurement or installation of explosives detection systems, air
cargo, baggage, and checkpoint screening systems, subject to notification:
<proviso><italic>Provided</italic></proviso>, That quarterly reports
shall be submitted to the Committees on Appropriations of the Senate and the
House of Representatives on any funds that are so recovered or
deobligated.</text>
</section><section id="H45B0BCA6E3364849B38256DDB3EC7C00"><enum>516.</enum><text display-inline="yes-display-inline">Any funds appropriated to <quote>Coast
Guard, Acquisition, Construction, and Improvements</quote> for fiscal years
2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended for
the Fast Response Cutter program.</text>
</section><section id="HE1DD17C404B846E9A0D145DCCC7C0CDB"><enum>517.</enum><text display-inline="yes-display-inline">Section 532(a) of
<external-xref legal-doc="public-law" parsable-cite="pl/109/295">Public Law 109–295</external-xref> (120 Stat. 1384) is amended by striking
<quote>2010</quote> and inserting <quote>2012</quote>.</text>
</section><section id="HF24CC58A5EF349BCACFADDB367DA9EB8"><enum>518.</enum><text display-inline="yes-display-inline">The functions of the Federal Law
Enforcement Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory Reform Act of
1998 (<external-xref legal-doc="usc" parsable-cite="usc/31/501">31 U.S.C.
501</external-xref> note).</text>
</section><section id="H5064A611058E4980BFB5E4D18736BE15"><enum>519.</enum><subsection commented="no" display-inline="yes-display-inline" id="H18CBB0046A574D02B8F99541FCE4C429"><enum>(a)</enum><text>Except as provided in
subsection (b), none of the funds appropriated in this or any other Act to the
Office of the Secretary and Executive Management, the Office of the Under
Secretary for Management, or the Office of the Chief Financial Officer, may be
obligated for a grant or contract funded under such headings by any means other
than full and open competition.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="HB387B2672A374D2987001748612BC8A6" reported-display-style="strikethrough"><enum>(b)</enum><text>Subsection (a)
does not apply to obligation of funds for a contract awarded—</text>
<paragraph id="H531FDE3C2B1D4F4DA577F83A247F62BB"><enum>(1)</enum><text>by a means that is
required by a Federal statute, including obligation for a purchase made under a
mandated preferential program, including the AbilityOne Program, that is
authorized under the Javits-Wagner-O’Day Act (<external-xref legal-doc="usc" parsable-cite="usc/41/46">41 U.S.C. 46 et seq.</external-xref>);</text>
</paragraph><paragraph id="HB16936F813DD406DAFE913936D613C42"><enum>(2)</enum><text>pursuant to the
Small Business Act (<external-xref legal-doc="usc" parsable-cite="usc/15/631">15 U.S.C. 631 et seq.</external-xref>);</text>
</paragraph><paragraph id="HA72412E430624E8C9C0EB86FB505F030"><enum>(3)</enum><text>in an amount less
than the simplified acquisition threshold described under section 302A(a) of
the Federal Property and Administrative Services Act of 1949 (<external-xref legal-doc="usc" parsable-cite="usc/41/252a">41 U.S.C. 252a(a)</external-xref>);
or</text>
</paragraph><paragraph id="H4BE91EB0C3154DDFA8D967FBA3E2436F"><enum>(4)</enum><text>by another Federal
agency using funds provided through an interagency agreement.</text>
</paragraph></subsection><subsection changed="deleted" committee-id="SSAP00" id="H79B003C5025C4D6C8505AF49DDE6BF55" reported-display-style="strikethrough"><enum>(c)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H68A306039AB948F0BA4189839CE9E914"><enum>(1)</enum><text>Subject to paragraph
(2), the Secretary of Homeland Security may waive the application of this
section for the award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health or
welfare.</text>
</paragraph><paragraph changed="deleted" committee-id="SSAP00" id="H7C4E7E378D35402AACE24A4A96636CF4" indent="up1" reported-display-style="strikethrough"><enum>(2)</enum><text>Not later than
five days after the date on which the Secretary of Homeland Security issues a
waiver under this subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and the House of
Representatives, including a description of the applicable contract to which
the waiver applies and an explanation of why the waiver authority was used:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
not delegate the authority to grant such a waiver.</text>
</paragraph></subsection><subsection changed="deleted" committee-id="SSAP00" id="H7C2EB19526ED413486932C1836D3B1F4" reported-display-style="strikethrough"><enum>(d)</enum><text>In addition to the
requirements established by subsections (a), (b), and (c) of this section, the
Inspector General of the Department of Homeland Security shall review
departmental contracts awarded through means other than a full and open
competition to assess departmental compliance with applicable laws and
regulations:
<proviso><italic>Provided</italic></proviso>, That the Inspector
General shall review selected contracts awarded in the previous fiscal year
through means other than a full and open competition:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>,
That the Inspector General shall report the results of the reviews to the
Committees on Appropriations of the Senate and the House of Representatives no
later than February 6, 2012.</text>
</subsection></section><section id="H42847FB1AC6C49259A39BD0A1F3E2DDE"><enum>520.</enum><text display-inline="yes-display-inline">None of the funds provided in this Act or
any previous appropriations Acts shall be used to fund any position designated
as a Principal Federal Official, or successor position, for any event that is
declared a major disaster or emergency under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. et seq.).</text>
</section><section id="H68654AB421DB4DCCAF564234FFD7FEF7"><enum>521.</enum><text display-inline="yes-display-inline">None of the funds made available in this or
any other Act may be used to enforce section 4025(1) of the Intelligence Reform
and Terrorism Prevention Act (<external-xref legal-doc="public-law" parsable-cite="pl/108/458">Public Law 108–458</external-xref>; 118 Stat. 3724)
unless the Assistant Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007, that butane
lighters are not a significant threat to civil aviation security.</text>
</section><section id="HCCCC5C8ADC6840EE96D31BFFCADED75D"><enum>522.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to carry out section 872 of the Homeland Security Act of 2002
(<external-xref legal-doc="usc" parsable-cite="usc/6/452">6 U.S.C.
452</external-xref>).</text>
</section><section id="HBA7DC5A585804846BA2E1605B5CE31D0"><enum>523.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used by United States Citizenship and Immigration Services to grant
an immigration benefit unless the results of background checks required by law
to be completed prior to the granting of the benefit have been received by
United States Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.</text>
</section><section id="H5B6B83F3E53E4020BD70B49A6E7B30A3"><enum>524.</enum><text display-inline="yes-display-inline">None of the funds made available in this or
any other Act for fiscal year 2012 and hereafter may be used to destroy or put
out to pasture any horse or other equine belonging to any component or agency
of the Department of Homeland Security that has become unfit for service,
unless the trainer or handler is first given the option to take possession of
the equine through an adoption program that has safeguards against slaughter
and inhumane treatment.</text>
</section><section id="H2036CCF53B754B2388647E4AF7F53C14"><enum>525.</enum><text display-inline="yes-display-inline">Section 831 of the Homeland Security Act of
2002 (<external-xref legal-doc="usc" parsable-cite="usc/6/391">6 U.S.C.
391</external-xref>) is amended—</text>
<paragraph id="H2D9B9A42F2D14B2F92C9EFC722579D46"><enum>(1)</enum><text>in subsection (a),
by striking <quote>Until September 30, 2011,</quote> and inserting <quote>Until
September 30, 2012,</quote>; and</text>
</paragraph><paragraph id="H773F113CBC4B47DFB84C0C42D3843C2D"><enum>(2)</enum><text>in subsection
(d)(1), by striking <quote>September 30, 2011,</quote> and inserting
<quote>September 30, 2012,</quote>.</text>
</paragraph></section><section id="HE27D656C4DBA401CA0F7BDC4BE1B0B85"><enum>526.</enum><text display-inline="yes-display-inline">The Secretary of Homeland Security shall
require that all contracts of the Department of Homeland Security that provide
award fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).</text>
</section><section id="HD700D2518ABB4BFB877A32A5843AEACB"><enum>527.</enum><text display-inline="yes-display-inline">None of the funds made available to the
Office of the Secretary and Executive Management under this Act may be expended
for any new hires by the Department of Homeland Security that are not verified
through the E-Verify Program established under section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C. 1324a</external-xref>
note).</text>
</section><section id="H16B62CB981D94D17848C07555046C24B"><enum>528.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act for U.S. Customs and Border Protection may be used to prevent an individual
not in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a
prescription drug from Canada that complies with the Federal Food, Drug, and
Cosmetic Act:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
That the prescription drug may not be—</text>
<paragraph id="H9503CA873AE248E792B490960846FD6D"><enum>(1)</enum><text>a controlled
substance, as defined in section 102 of the Controlled Substances Act
(<external-xref legal-doc="usc" parsable-cite="usc/21/802">21 U.S.C.
802</external-xref>); or</text>
</paragraph><paragraph id="HC890283B8CD94208964C6F4889415CA3"><enum>(2)</enum><text>a biological
product, as defined in section 351 of the Public Health Service Act
(<external-xref legal-doc="usc" parsable-cite="usc/42/262">42 U.S.C.
262</external-xref>).</text>
</paragraph></section><section id="H7B095DF626E041A1BAA71C2ED26EE355"><enum>529.</enum><text display-inline="yes-display-inline">The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any proposed
transfers of funds available under subsection (g)(4)(B) of title 31, United
States Code (as added by
<external-xref legal-doc="public-law" parsable-cite="pl/102/393">Public Law 102–393</external-xref>) from the Department of the Treasury Forfeiture Fund to
any agency within the Department of Homeland Security:
<proviso><italic>Provided</italic></proviso>, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve the
proposed transfers.</text>
</section><section id="H4A2FC6A3D103461DACD6457167BA5387"><enum>530.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for planning, testing, piloting, or developing a national
identification card.</text>
</section><section id="H8F9A25A50BE84FC39BCCF0AD27A742BE"><enum>531.</enum><text display-inline="yes-display-inline">If the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines that an airport
does not need to participate in the E-Verify Program established under section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C.
1324a</external-xref> note), the Assistant Secretary shall certify to the
Committees on Appropriations of the Senate and the House of Representatives
that no security risks will result from such non-participation.</text>
</section><section id="H3F7DC13F295744C0994192C3BB26F487"><enum>532.</enum><subsection commented="no" display-inline="yes-display-inline" id="H9C10AC8799484421B68DC2F3FE2D096B"><enum>(a)</enum><text>Notwithstanding any
other provision of this Act, except as provided in subsection (b), and 30 days
after the date on which the President determines whether to declare a major
disaster because of an event and any appeal is completed, the Administrator
shall submit to the Committee on Homeland Security and Governmental Affairs of
the Senate, the Committee on Homeland Security of the House of Representatives,
the Committee on Transportation and Infrastructure of the House of
Representatives, and the Committees on Appropriations of the Senate and the
House of Representatives, and publish on the website of the Federal Emergency
Management Agency, a report regarding that decision, which shall summarize
damage assessment information used to determine whether to declare a major
disaster.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="H85A33D55469D4E11901351EA112FA575" reported-display-style="strikethrough"><enum>(b)</enum><text>The Administrator
may redact from a report under subsection (a) any data that the Administrator
determines would compromise national security.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="HBCC9F98266924AF3B3F87D68EB91D22C" reported-display-style="strikethrough"><enum>(c)</enum><text>In this
section—</text>
<paragraph id="HC17B85E06D8941D4902537FFD1ABC779"><enum>(1)</enum><text>the term
<quote>Administrator</quote> means the Administrator of the Federal Emergency
Management Agency; and</text>
</paragraph><paragraph id="HE2826DBEF3274F87B59E0B08A81DA0E1"><enum>(2)</enum><text>the term
<quote>major disaster</quote> has the meaning given that term in section 102 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(<external-xref legal-doc="usc" parsable-cite="usc/42/5122">42 U.S.C.
5122</external-xref>).</text>
</paragraph></subsection></section><section id="H7D7C62F3EDC747D1A918215CC89A1840"><enum>533.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF7747F61454940BCA1C38D0F9213DB6A"><enum>(a)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law
during fiscal year 2012 or any subsequent fiscal year, if the Secretary of
Homeland Security determines that the National Bio- and Agro-defense Facility
be located at a site other than Plum Island, New York, the Secretary shall
ensure that the Administrator of General Services sells through public sale all
real and related personal property and transportation assets that support Plum
Island operations, subject to such terms and conditions as may be necessary to
protect Government interests and meet program requirements.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="H88094B5C5D16432EA1F086DE2EA3EE9C" reported-display-style="strikethrough"><enum>(b)</enum><text>The proceeds of
any sale described in subsection (a) shall be deposited as offsetting
collections into the Department of Homeland Security <quote>Science and
Technology, Research, Development, Acquisition, and Operations</quote> account
and, subject to appropriation, shall be available until expended, for site
acquisition, construction, and costs related to the construction of the
National Bio- and Agro-defense Facility, including the costs associated with
the sale, including due diligence requirements, necessary environmental
remediation at Plum Island, and reimbursement of expenses incurred by the
General Services Administration.</text>
</subsection></section><section id="HEF0A2734CEBC4D7F9068172777EC28BD"><enum>534.</enum><text display-inline="yes-display-inline">Any official that is required by this Act
to report or certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.</text>
</section><section id="H20CC737E8050402F84C9C22765185324"><enum>535.</enum><text display-inline="yes-display-inline">Section 550(b) of the Department of
Homeland Security Appropriations Act, 2007 (<external-xref legal-doc="public-law" parsable-cite="pl/109/295">Public Law 109–295</external-xref>;
<external-xref legal-doc="usc" parsable-cite="usc/6/121">6 U.S.C.
121</external-xref> note) is further amended by striking <quote>2011</quote>
and inserting <quote>2012</quote>.</text>
</section><section id="HD55029D699DD469ABE8D51B00EAC876D"><enum>536.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions, including detaining, accepting custody of, or
extending immigration benefits to, Khalid Sheikh Mohammed or any other detainee
who—</text>
<paragraph id="HB5B1F13FD20948C780BF9AB5C436FE54"><enum>(1)</enum><text>is not a United
States citizen or a member of the Armed Forces of the United States; and</text>
</paragraph><paragraph id="H3CC62D327E264BDE9D8EC1061757FF00"><enum>(2)</enum><text>is or was held on
or after June 24, 2009, at the United States Naval Station, Guantanamo Bay,
Cuba, by the Department of Defense.</text>
</paragraph></section><section id="H58E2246EF7EC423BADE13CE0CC99389C"><enum>537.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for first-class travel by the employees of agencies funded by
this Act in contravention of sections 301–10.122 through 301.10–124 of title
41, Code of Federal Regulations.</text>
</section><section id="H241174F266B34641A51CEA5871D7209F"><enum>538.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to propose or effect a disciplinary or adverse action, with
respect to any Department of Homeland Security employee who engages regularly
with the public in the performance of his or her official duties solely because
that employee elects to utilize protective equipment or measures, including but
not limited to surgical masks, N95 respirators, gloves, or hand-sanitizers,
where use of such equipment or measures is in accord with Department of
Homeland Security policy, and Centers for Disease Control and Prevention and
Office of Personnel Management guidance.</text>
</section><section id="HC7588FCE1A6A4F35B70C70EB62326295"><enum>539.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1324a">8 U.S.C. 1324a(h)(3)</external-xref>).</text>
</section><section id="H28762A90C7E94594B1AE2E1CE9470999"><enum>540.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6C55A0753F744A4BB39C5D58F630ADDF"><enum>(a)</enum><text>Any company that
collects or retains personal information directly from any individual who
participates in the Registered Traveler program of the Transportation Security
Administration shall safeguard and dispose of such information in accordance
with the requirements in—</text>
<paragraph changed="deleted" committee-id="SSAP00" id="H7458DB47CE3046988164633DF35E374F" reported-display-style="strikethrough"><enum>(1)</enum><text>the National
Institute for Standards and Technology Special Publication 800–30, entitled
<quote>Risk Management Guide for Information Technology Systems</quote>;</text>
</paragraph><paragraph changed="deleted" committee-id="SSAP00" id="H2B47BC0535F246CA83BB5863BDFBC3E6" reported-display-style="strikethrough"><enum>(2)</enum><text>the National
Institute for Standards and Technology Special Publication 800–53, Revision 3,
entitled <quote>Recommended Security Controls for Federal Information Systems
and Organizations</quote>; and</text>
</paragraph><paragraph changed="deleted" committee-id="SSAP00" id="HA17F39D1F4C6490295A72136C3ADC901" reported-display-style="strikethrough"><enum>(3)</enum><text>any supplemental
standards established by the Assistant Secretary of Homeland Security
(Transportation Security Administration) (referred to in this section as the
<quote>Assistant Secretary</quote>).</text>
</paragraph></subsection><subsection changed="deleted" committee-id="SSAP00" id="H34F53AE6E1B74A5585061D435560307E" reported-display-style="strikethrough"><enum>(b)</enum><text>The airport
authority or air carrier operator that sponsors the company under the
Registered Traveler program shall be known as the Sponsoring Entity.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="H666D77E4C4FF426AADE46D54774EAC14" reported-display-style="strikethrough"><enum>(c)</enum><text>The Assistant
Secretary shall require any company covered by subsection (a) to provide, not
later than 30 days after the date of enactment of this Act, to the Sponsoring
Entity written certification that the procedures used by the company to
safeguard and dispose of information are in compliance with the requirements
under subsection (a). Such certification shall include a description of the
procedures used by the company to comply with such requirements.</text>
</subsection><subsection changed="deleted" committee-id="SSAP00" id="H67BE780A503D4823A63CD8E811CD6C01" reported-display-style="strikethrough"><enum>(d)</enum><text>Not later than 90
days after the date of enactment of this Act, the Assistant Secretary shall
submit to the Committees on Appropriations of the Senate and the House of
Representatives a report that includes a description of—</text>
<paragraph id="H40CA741285AE44AF9B2AE5C9E0B4E340"><enum>(1)</enum><text>the procedures
that have been used to safeguard and dispose of personal information collected
through the Registered Traveler program; and</text>
</paragraph><paragraph id="H52F167EA907548FCBFC9CFE193811C91"><enum>(2)</enum><text>the status of any
certifications required to be submitted by subsection (c).</text>
</paragraph></subsection></section><section id="H46E681F97B9D426BB6D8394335B490DB"><enum>541.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of this
Act, none of the funds appropriated or otherwise made available by this Act may
be used to pay award or incentive fees for contractor performance that has been
judged to be below satisfactory performance or performance that does not meet
the basic requirements of a contract.</text>
</section><section id="H10C8EAD74ED9457A915B172AC557D633"><enum>542.</enum><subsection commented="no" display-inline="yes-display-inline" id="H0A0D26D9352C48B8BFDD9D57AD9B5C7D"><enum>(a)</enum><text>Not later than 180 days
after the date of enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall submit to the
Committees on Appropriations of the Senate and the House of Representatives, a
report that either—</text>
<paragraph changed="deleted" committee-id="SSAP00" id="H1252A8D70857453BA624098C34883204" reported-display-style="strikethrough"><enum>(1)</enum><text>certifies that the
requirement for screening all air cargo on passenger aircraft by the deadline
under <external-xref legal-doc="usc" parsable-cite="usc/49/44901">section
44901(g)</external-xref> of title 49, United States Code, has been met;
or</text>
</paragraph><paragraph changed="deleted" committee-id="SSAP00" id="H378970549FF5477697F52BEF458EF3EB" reported-display-style="strikethrough"><enum>(2)</enum><text>includes a
strategy to comply with the requirements under title 44901(g) of title 49,
United States Code, including—</text>
<subparagraph id="HA7EF4CA83936431284377290B3C6A528"><enum>(A)</enum><text>a plan to meet the
requirement under <external-xref legal-doc="usc" parsable-cite="usc/49/44901">section 44901(g)</external-xref> of title 49,
United States Code, to screen 100 percent of air cargo transported on passenger
aircraft arriving in the United States in foreign air transportation (as that
term is defined in section 40102 of that title); and</text>
</subparagraph><subparagraph id="H7CA42E1539854505B70C724462FF0BFC"><enum>(B)</enum><text>specification
of—</text>
<clause id="H3AF062B5FE0F47E3A32ACB94793A7FFB"><enum>(i)</enum><text>the percentage of
such air cargo that is being screened; and</text>
</clause><clause id="HD5887D23CD334379BD3A8013E6F6101C"><enum>(ii)</enum><text>the schedule for
achieving screening of 100 percent of such air cargo.</text>
</clause></subparagraph></paragraph></subsection><subsection changed="deleted" committee-id="SSAP00" id="H0496C870A3CC41DCB5E6C17EC4CFB15A" reported-display-style="strikethrough"><enum>(b)</enum><text>The Assistant
Secretary shall continue to submit reports described in subsection (a)(2) every
180 days thereafter until the Assistant Secretary certifies that the
Transportation Security Administration has achieved screening of 100 percent of
such air cargo.</text>
</subsection></section><section id="HAF677A8F78084455BA7F7C13B669B5CF"><enum>543.</enum><text display-inline="yes-display-inline">In developing any process to screen
aviation passengers and crews for transportation or national security purposes,
the Secretary of Homeland Security shall ensure that all such processes take
into consideration such passengers’ and crews’ privacy and civil liberties
consistent with applicable laws, regulations, and guidance.</text>
</section><section id="H6352792ED34B48DB8B105546B489D8DE"><enum>544.</enum><text display-inline="yes-display-inline">Sections 1309(a) and 1319 of the National
Flood Insurance Act of 1968 (<external-xref legal-doc="usc" parsable-cite="usc/42/4016">42 U.S.C. 4016(a)</external-xref> and 4026) shall
each be amended by striking <quote>September 30, 2011</quote> and inserting
<quote>September 30, 2012</quote>.</text>
</section><section id="HD74A552178864B84B2D57E40DA28DBCD"><enum>545.</enum><subsection commented="no" display-inline="yes-display-inline" id="H9655A89906DC44D19249E98A5AEA713F"><enum>(a)</enum><text>Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/8/1356">section
1356(n)</external-xref> of title 8, United States Code, of the funds deposited
into the Immigration Examinations Fee Account,
$8,500,000 is available to United States
Citizenship and Immigration Services in fiscal year 2012 for the purpose of
providing an immigrant integration grants program.</text>
<paragraph changed="deleted" committee-id="SSAP00" id="HEE116981118A40268B3C7EB4E7651B91" indent="up1" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">None of the funds made available to United
States Citizenship and Immigration Service for grants for immigrant integration
may be used to provide services to aliens who have not been lawfully admitted
for permanent residence.</text>
</paragraph></subsection></section><section id="HE98DD2C7DDAB4B30BF0ECEEB25A97B30"><enum>546.</enum><text display-inline="yes-display-inline">Of the funds transferred to the Department
of Homeland Security when it was created in 2003, the following funds are
hereby rescinded from the following accounts and programs in the specified
amounts:</text>
<paragraph id="H19E4911D1F22413A9FFE8F733B768671"><enum>(1)</enum><text>$20,997,225
from <quote>U.S. Immigration and Customs Enforcement, Salaries and
Expenses</quote>.</text>
</paragraph><paragraph id="HD24C943EB1A8400B9458E8BB278EFCFB"><enum>(2)</enum><text>$594,945
from <quote>Violent Crime Reduction Programs</quote>.</text>
</paragraph></section><section id="HCD7DACE6D4C84A088C195B40E9CD82C4"><enum>547.</enum><text display-inline="yes-display-inline">Of the following unobligated balances
available for <quote>Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Construction</quote>,
$11,300,000 is rescinded.</text>
</section><enum>VI</enum>
<appropriations-major id="HF64670C878F14947865D87B50CD42180"><header>Emergency supplemental funding
for disaster relief</header>
</appropriations-major><appropriations-small id="HB22139703F0B4E9783DC748C944DBC9F"><header>(including rescission and
transfer of funds)</header>
</appropriations-small><section id="HE1D8F8CC3D5E43FEBCEC52E710BACE4D"><enum>601.</enum><text display-inline="yes-display-inline">Effective on the date of the enactment of
this Act, of the unobligated balances remaining available to the Department of
Energy pursuant to section 129 of the Continuing Appropriations Resolution,
2009 (division A of
<external-xref legal-doc="public-law" parsable-cite="pl/110/329">Public Law 110–329</external-xref>), $500,000,000 is
rescinded and $1,000,000,000 is hereby
transferred to and merged with <quote>Department of Homeland Security—Federal
Emergency Management Agency—Disaster Relief</quote>:
<proviso><italic>Provided</italic></proviso>, That the amount
transferred by this section is designated as an emergency pursuant to section
3(c)(1) of H. Res. 5 (112th Congress).</text>
</section><enum>VII</enum>
<appropriations-major id="HE11E8B86608A4F2589B6C3E88513AE53"><header>SPENDING REDUCTION
ACCOUNT</header>
</appropriations-major><section id="HC22626CC09E246AC8A72E18569400326"><enum>701.</enum><text display-inline="yes-display-inline">The amount by which the applicable
allocation of new budget authority made by the Committee on Appropriations of
the House of Representatives under section 302(b) of the Congressional Budget
Act of 1974 exceeds the amount of proposed new budget authority is
$0 (increased by
$600,000).</text>
</section><section id="H19E7851F542C405686DA8534F0DFA5F2"><enum>702.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used in contravention of section 642(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (<external-xref legal-doc="usc" parsable-cite="usc/8/1373">8 U.S.C. 1373(a)</external-xref>).</text>
</section><section id="H6D36ECA0DCD04DE19A09B3A5EC38A110"><enum>703.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to parole an alien into the United States, or grant deferred
action of a final order of removal, for any reason other than on a case-by-case
basis for urgent humanitarian reasons or significant public benefit.</text>
</section><section id="H84D7FC8AE8BC4B2C886B6B14DD9A4EEA"><enum>704.</enum><text display-inline="yes-display-inline">None of the funds made available under this
Act may be used to require an approved Transportation Worker Identification
Credential (TWIC) applicant to personally appear at a designated enrollment
center for the purpose of TWIC issuance, renewal, or activation.</text>
</section><section id="H812C6CED5B9F460BBEB0BB80FB1310FA"><enum>705.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used by the Department of Homeland Security to lease or purchase new
light duty vehicles, for any executive fleet, or for an agency’s fleet
inventory, except in accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.</text>
</section><section id="HC7B7AB18878248CAB7D4D70427934D04"><enum>706.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used in contravention of
<external-xref legal-doc="usc" parsable-cite="usc/49/44917">section
44917</external-xref> of title 49, United States Code.</text>
</section><section id="H7F63114717C5469D91A0A1BD85293F5E"><enum>707.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used for the Climate Change Adaptation Task Force of the Department
of Homeland Security.</text>
</section><section id="H2C2452F846EE4C839E6107004369DC5C"><enum>708.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to enforce the requirements in—</text>
<paragraph id="HB4641313C22D47E284A7202153861754"><enum>(1)</enum><text display-inline="yes-display-inline">section 34(a)(1)(A) of the Federal Fire
Prevention and Control Act of 1974 (<external-xref legal-doc="usc" parsable-cite="usc/15/2229">15 U.S.C. 2229(a)(1)(A)</external-xref>);</text>
</paragraph><paragraph id="HDB922A91C1B74422BDFAC6180777366E"><enum>(2)</enum><text>section
34(a)(1)(B) of such Act;</text>
</paragraph><paragraph id="HCD63BEE8260E4746B37C5F8020738CB7"><enum>(3)</enum><text display-inline="yes-display-inline">section 34(c)(1) of such Act;</text>
</paragraph><paragraph id="HC9A8971848FC4AFC8E06A21C3C795FF5"><enum>(4)</enum><text display-inline="yes-display-inline">section 34(c)(2) of such Act;</text>
</paragraph><paragraph id="HCEBC03E2B41349B68241D95D08673B3D"><enum>(5)</enum><text display-inline="yes-display-inline">section 34(c)(4)(A) of such Act; and</text>
</paragraph><paragraph id="HD0E0BCC1FAC74B3DA73016384C52DCE7"><enum>(6)</enum><text display-inline="yes-display-inline">section 34(a)(1)(E) of such Act.</text>
</paragraph></section><section id="HC9249B28B1D446E684C230FCB8942DF7"><enum>709.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act shall be made available to the Association of Community Organizations for
Reform Now, Acorn Beneficial Assoc., Inc., Arkansas Broadcast Foundation, Inc.,
Acorn Children’s Beneficial Assoc., Arkansas Community Housing Corp., Acorn
Community Land Assoc., Inc., Acorn Community Land Assoc. of Illinois, Acorn
Community Land Association of Louisiana, Acorn Community Land Assoc. of
Pennsylvania, ACORN COMMUNITY LABOR ORGANIZING CENTER, ACORN Beverly LLC, ACORN
Canada, ACORN Center for Housing, ACORN Housing Affordable Loans LLC, Acorn
Housing 1 Associates, LP, Acorn Housing 2 Associates, LP, ACORN Housing 3
Associates LP, ACORN Housing 4 Associates, L.P., ACORN International, ACORN
VOTES, Acorn 2004 Housing Development Fund Corporation, ACRMW, ACSI, Acorn
Cultural Trust, Inc., American Environmental Justice Project, Inc., ACORN Fund,
Inc., Acorn Fair Housing Organization, Inc., Acorn Foster Parents, Inc., Agape
Broadcast Foundation Inc., Acorn Housing Corporation, Arkansas Acorn Housing
Corporation, Acorn Housing Corp. of Arizona, Acorn Housing Corp. of Illinois,
Acorn Housing Corp. of Missouri, New Jersey ACORN Housing Corporation, Inc.,
AHCNY, Acorn Housing Corp. of Pennsylvania, Texas ACORN Housing Corporation,
Inc., American Institute for Social Justice, Acorn law for Education, Rep.
& Training, Acorn Law Reform Pac, Affiliated Media Foundation Movement,
Albuquerque Minimum Wage Committee, Acorn National Broadcasting Network,
Arkansas New Party, Arkansas Acorn Political Action Committee, Association for
Rights of Citizens, Acorn Services, Inc., Acorn Television in Action for
Communities, Acorn Tenants’ Union, Inc., Acorn Tenant Union Training & Org.
Project, AWA, Baltimore Organizing Support Center, Inc., Bronx Parent
Leadership, Baton Rouge ACORN Education Project, Inc., Baton Rouge Assoc. of
School Employees, Broad Street Corporation, California Acorn Political Action
Committee, Citizens Action Research Project, Council Beneficial Association,
Citizens Campaign for Fair Work, Living Wage Etc., Citizens Consulting, Inc.,
California Community Network, Citizens for April Troope, Clean Government Pac,
Chicago Organizing and Support Center, Inc., Council Health Plan, Citizens
Services Society, Campaign For Justice at Avondale, CLOC, Community and Labor
for Baltimore, Chief Organizer Fund, Colorado Organizing and Support Center,
Community Real Estate Processing, Inc., Campaign to Reward Work, Citizens
Services Incorporated, Elysian Fields Corporation, Environmental Justice
Training Project, Inc., Franklin Acorn Housing Corporation, Flagstaff Broadcast
Foundation, Floridians for All PAC, Fifteenth Street Corporation, Friends of
Wendy Foy, Greenwell Springs Corporations, Genevieve Stewart Campaign Fund,
Hammurabi Fund, Houston Organizing Support Center, Hospitality Hotel and
Restaurant Org. Council, Iowa ACORN Broadcasting Corp., Illinois Home Day Care
Workers Association, Inc., Illinois Acorn Political Action Committee, Illinois
New Party, Illinois New Party Political Committee, Institute for Worker
Education, Inc., Jefferson Association of Parish Employees, Jefferson
Association of School Employees, Johnnie Pugh Campaign Fund, Louisiana ACORN,
New York Communities for Change, Affordable Housing Centers of America, Action
Now, Pennsylvania Communities Organizing for Change, Arkansas Community
Organizations (ACO), The Alliance of Californians for Community Empowerment,
New England United for Justice, Texas Organizing Project, Minnesota,
Neighborhoods Organizing for Change, Organization United for Reform,
Missourians Organizing for Reform and Empowerment, A Community Voice, Community
Organizations International, Applied Research Center, or the Working Families
Party.</text>
</section><section id="H2AFB327FF8794AD484023B1F8AE2C3AE"><enum>710.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used in contravention of section 236(c) of the Immigration and
Nationality Act (<external-xref legal-doc="usc" parsable-cite="usc/8/1226">8
U.S.C. 1226(c)</external-xref>).</text>
</section><section id="H6ACB6ED063254778A7BF5F94ED9C0132"><enum>711.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used for any action by a political appointee (as that term is
defined in <external-xref legal-doc="usc" parsable-cite="usc/49/106">section
106</external-xref> of title 49, United States Code) to delay, vacate, or
reverse any decision by an employee in the Privacy Office of the Department of
Homeland Security to make records available pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/5/552">section
552</external-xref> of title 5, United States Code, popularly known as the
Freedom of Information Act.</text>
</section><section id="H01A23E4ECE7D4FFD98FC8337C8D07D04"><enum>712.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement the determination of the Administrator of the
Transportation Security Administration regarding transportation security
officers and collective bargaining as described in the decision memorandum
dated February 4, 2011.</text>
</section><section id="H9452B8B8424840CBBCCA66B559EC0184"><enum>713.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement any rule, regulation, or executive order regarding
the disclosure of political contributions that takes effect on or after the
date of enactment of this Act.</text>
</section><section id="H32F64943DC2346DF970B1D59B8E7ACC2"><enum>714.</enum><text display-inline="yes-display-inline">Of the amount made available for screening
operations under the heading: <quote>Transportation Security
Administration—Aviation Security</quote>, not more than
$2,760,503,458 may be used for screener
personnel, compensation, and benefits.</text>
</section><section display-inline="no-display-inline" id="HDECAD13BB4A8441CB95D5E3A68922612" section-type="undesignated-section"><text display-inline="yes-display-inline">This Act may be cited as the
<quote><short-title>Department of Homeland Security
Appropriations Act, 2012 </short-title></quote>.</text>
</section>
That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30, 2012, and for
other purposes, namely:
<enum>I</enum><header display-inline="no-display-inline">Departmental management and
operations</header>
<appropriations-intermediate id="ID024E9F344E8849109F02F696AE8AEAC0"><header>Departmental
operations</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3883FC2999174DC5B290B0D8A2C07BBE"><header>Office of the secretary and executive
management </header><text display-inline="no-display-inline">For necessary
expenses of the Office of the Secretary of Homeland Security, as authorized by
section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as authorized by law,
$135,433,000:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:<proviso><italic> Provided further,
</italic></proviso>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:<proviso><italic> Provided
further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small id="idBEE5214789484B53B85F295703765A97"><header>Office of the under Secretary for
management</header><text display-inline="no-display-inline">For necessary
expenses of the Office of the Under Secretary for Management, as authorized by
sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341
through 345), $237,131,000, of which not to
exceed $2,500 shall be for official reception
and representation expenses:
<proviso><italic>Provided</italic>,</proviso> That of the total amount
made available under this heading,
<added-phrase reported-display-style="italic"></added-phrase>$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.</text><text></text>
</appropriations-small><appropriations-intermediate id="id0D51420615194CF7AC1E0C90B25F5F79"><header>Office of the Chief Financial
Officer</header>
</appropriations-intermediate><appropriations-intermediate id="id58387167B58D4121A36AED80AAF2C398"><text display-inline="no-display-inline">For necessary expenses of the Office of the
Chief Financial Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), <added-phrase reported-display-style="italic"></added-phrase>$51,000,000.<added-phrase reported-display-style="italic"></added-phrase></text>
</appropriations-intermediate><appropriations-intermediate id="idD704FFFC59C14E86B7B2BE0DC5175502"><header>Office of the Chief Information
Officer</header>
</appropriations-intermediate><appropriations-intermediate id="id25091714E91245EF98EF25F21DAE9C18"><text display-inline="no-display-inline">For necessary expenses of the Office of the
Chief Information Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), and Department-wide technology
investments, <added-phrase reported-display-style="italic"></added-phrase>$267,972,000<added-phrase reported-display-style="italic"></added-phrase>; 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:
<proviso><italic>Provided</italic></proviso>, 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—</text>
<paragraph id="IDbbd5309286a24056ac56fc5ef51a4522"><enum>(1)</enum><text>the proposed
appropriations included for each project and activity tied to mission
requirements, program management capabilities, performance levels, and specific
capabilities and services to be delivered;</text>
</paragraph><paragraph id="ID3eb216e6aaef4ec18ff59bf40e62fcdc"><enum>(2)</enum><text>the total estimated cost
and projected timeline of completion for all multi-year enhancements,
modernizations, and new capabilities that are proposed in such budget or
underway;</text>
</paragraph><paragraph id="IDdffda1972e6e43b1bdbb58b92506f4cf"><enum>(3)</enum><text>a detailed accounting of
operations and maintenance and contractor services costs; and</text>
</paragraph><paragraph id="ID4341d4c4c5e94d69bd986d15366af72a"><enum>(4)</enum><text>a current acquisition
program baseline for each project, that—</text>
<subparagraph id="ID38f13f1e5c9a4b308da8932402546e33"><enum>(A)</enum><text>notes and explains any
deviations in cost, performance parameters, schedule, or estimated date of
completion from the original acquisition program baseline;</text>
</subparagraph><subparagraph id="ID00efb3dbe1f34678b1383d027872b079"><enum>(B)</enum><text>aligns the acquisition
programs covered by the baseline to mission requirements by defining existing
capabilities, identifying known capability gaps between such existing
capabilities and stated mission requirements, and explaining how each increment
will address such known capability gaps; and</text>
</subparagraph><subparagraph id="ID96a8ecf4af974c548f3f5143c65ef359"><enum>(C)</enum><text>defines life-cycle costs
for such programs.</text>
</subparagraph></paragraph></appropriations-intermediate><appropriations-intermediate id="idB46384802F4B48FDAEEB8AB82E327137"><header>Analysis and operations</header><text display-inline="no-display-inline">For necessary expenses for intelligence
analysis and operations coordination activities, as authorized by title II of
the Homeland Security Act of 2002 (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.</text>
</appropriations-intermediate><appropriations-intermediate id="idEB107A0862334B99876B2843D51E5D3B"><header>Office of inspector
general</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Inspector General in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.),
$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.</text>
</appropriations-intermediate><enum>II</enum><header display-inline="no-display-inline">Security, enforcement, and
investigations</header>
<appropriations-intermediate id="id5876BA07EC6145D58A599E94153CE043"><header>U.S. CUSTOMS AND BORDER
PROTECTION</header>
</appropriations-intermediate><appropriations-small id="id7B77704E45F44B4F8ABD6AAF9E1E6C58"><header>Salaries and Expenses</header><text display-inline="no-display-inline">For necessary expenses for enforcement of
laws relating to border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and animal imports, and
transportation of unaccompanied minor aliens; purchase and lease of up to 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:
<proviso><italic>Provided</italic>,</proviso> 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:<proviso><italic>
Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small id="idA8159F42C6A54F5D80312A41ADA505E8"><header>Automation modernization</header><text display-inline="no-display-inline">For expenses for U.S. Customs and Border
Protection automated systems, $334,275,000, to
remain available until September 30, 2014, of which not less than
$140,000,000 shall be for the development of the
Automated Commercial Environment:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id76A90CC0987A4ECB8D22C69C60CF22D1"><header>Border security fencing,
infrastructure, and technology</header><text display-inline="no-display-inline">For expenses for border security fencing,
infrastructure, and technology, $400,000,000, to
remain available until September 30, 2014:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="id1AD88C339EB44517BAA5782D77474452"><header>Air and marine interdiction,
operations, maintenance, and procurement</header><text display-inline="no-display-inline">For necessary expenses for the operations,
maintenance, and procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine program, including
operational training and mission-related travel, the operations of which
include the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the enforcement
or administration of laws enforced by the Department of Homeland Security; and,
at the discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts, $506,566,000, to
remain available until September 30, 2014:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="id48B8B5F5E2FB4220AA474C6F1CD6E44A"><header>Construction and facilities
management</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That for fiscal year 2012
and thereafter, the annual budget submission of U.S. Customs and Border
Protection for <quote>Construction and Facilities Management</quote> 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.</text>
</appropriations-small><appropriations-intermediate id="idCAE14B82C06144C8AC5B0FB5AF24109F"><header>U.S. immigration and customs
enforcement</header>
</appropriations-intermediate><appropriations-small commented="no" id="id9FFF1C315D0740CEB34E1B3D04980B44"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="idB28C8270AAC84CC09753F18B3850A0E2"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
of the total amount provided, $15,770,000 shall
be for activities in fiscal year <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase> to enforce laws against forced
child labor, of which not to exceed $6,000,000
shall remain available until expended:
<proviso><italic>Provided further</italic>,</proviso> 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, <added-phrase reported-display-style="italic"></added-phrase>2013<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
the Secretary of Homeland Security shall prioritize the identification and
removal of aliens convicted of a crime by the severity of that crime:
<proviso><italic>Provided further</italic>,</proviso> That
funding made available under this heading shall maintain a level of not less
than 33,400 detention beds through September 30,
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
of the total amount provided, $7,300,000 shall
remain available until September 30,
<added-phrase reported-display-style="italic"></added-phrase>2013<added-phrase reported-display-style="italic"></added-phrase>, for the Visa Security Program:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided further</italic>,</proviso> That
none of the funds provided under this heading may be used to continue any
contract for the provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less than
<quote>adequate</quote> or the equivalent median score in any subsequent
performance evaluation system<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="idD58CE8B7DE5C4800AFDB8AC8F05C2345"><header>Automation
modernization</header>
</appropriations-small><appropriations-small id="id0A0E9E814B834B99A5E0823B9E1BD5E6"><text display-inline="no-display-inline">For expenses of immigration and customs
enforcement automated systems, $21,710,000, to
remain available until September 30, 2016.</text>
</appropriations-small><appropriations-intermediate id="id1742474120E548BB954F6C403128DBFB"><header>Transportation security
administration</header>
</appropriations-intermediate><appropriations-small id="id009F68DE2E41490FB5F1A6DB263EB6B8"><header>AVIATION SECURITY</header><text display-inline="no-display-inline">For necessary expenses of the Transportation
Security Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law 107–71;
115 Stat. 597; 49 U.S.C. 40101 note),
$5,293,566,000, to remain available until
September 30, <added-phrase reported-display-style="italic"></added-phrase>2013<added-phrase reported-display-style="italic"></added-phrase>, of which not to exceed
$8,500 shall be for official reception and
representation expenses:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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 <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase> so as to result in a final
fiscal year appropriation from the general fund estimated at not more than
$2,983,566,000:
<proviso><italic>Provided further</italic>,</proviso> That
any security service fees collected in excess of the amount made available
under this heading shall become available during fiscal year 2013:<proviso><italic> Provided further,</italic></proviso> 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):
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="idBF199595E60E4772BDDE3330D017C05D"><header>Surface transportation
security</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id7DD71CE7F422481BAC0EAFF4139811CE"><header>Transportation threat assessment and
credentialing</header><text display-inline="no-display-inline">For necessary
expenses for the development and implementation of screening programs of the
Office of Transportation Threat Assessment and Credentialing,
$163,954,000, to remain available until
September 30, 2013.</text>
</appropriations-small><appropriations-small id="id850F05194D2B43008E141B3DEAC15B45"><header>Transportation security
support</header><text display-inline="no-display-inline">For necessary expenses
of the Transportation Security Administration related to providing
transportation security support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101
note), $1,042,066,000, to remain available until
September 30, <added-phrase reported-display-style="italic"></added-phrase>2013<added-phrase reported-display-style="italic"></added-phrase><added-phrase reported-display-style="italic"></added-phrase>:<added-phrase reported-display-style="italic"></added-phrase><added-phrase reported-display-style="italic"><proviso><italic>Provided</italic>,</proviso></added-phrase>
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:
<proviso><italic>Provided further</italic>,</proviso> That
these plans shall be submitted no later than 60 days after the date of
enactment of this Act.</text>
</appropriations-small><appropriations-small id="idB58B564557674DA18F71F6C93ADB45EB"><header>Federal air marshals</header><text display-inline="no-display-inline">For necessary expenses of the Federal Air
Marshals,
$981,115,000.</text>
</appropriations-small><appropriations-intermediate id="idA459B0546FFD4097BBE384022186C95C"><header>Coast
guard</header>
</appropriations-intermediate><appropriations-small id="id84EB4C87017F4E8F81F6738C8CD25120"><header>Operating expenses</header><text display-inline="no-display-inline">For necessary expenses for the operation and
maintenance of the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent requirements
(at a unit cost of no more than $700,000) and
repairs and service-life replacements, not to exceed a total of
$28,000,000; 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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
of the funds provided under this heading,
$75,000,000 shall be withheld from obligation
for Headquarters Directorates until:</text>
<paragraph commented="no" id="id745C06730FF34EA9AB1A6AB6EE4A4544"><enum>(1)</enum><text display-inline="yes-display-inline">the fiscal year 2012 second quarter
acquisition report; and</text>
</paragraph><paragraph commented="no" id="id545C73090F3F45468EB8409F469D0896"><enum>(2)</enum><text display-inline="yes-display-inline">the future-years capital investment plan
for fiscal years 2013–2017, as specified under the heading Coast Guard,
<quote>Acquisition, Construction, and Improvements</quote> of this Act, are
received by the Committees on Appropriations of the Senate and the House of
Representatives:</text>
</paragraph><continuation-text continuation-text-level="appropriations-small"><proviso><italic>Provided
further</italic>,</proviso> 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.</continuation-text></appropriations-small><appropriations-small id="idC15A6155A1A442B795F05401D9A4EB8C"><header>Environmental compliance and
restoration</header><text display-inline="no-display-inline">For necessary
expenses to carry out the environmental compliance and restoration functions of
the Coast Guard under chapter 19 of title 14, United States Code,
$16,699,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id565191C4001E4A7FAA561EBA6D9C8EC5"><header>Reserve training</header><text display-inline="no-display-inline">For necessary expenses of the Coast Guard
Reserve, as authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and services;
$134,278,000.</text>
</appropriations-small><appropriations-small id="id2AE3E8B09DDC429FB4EF1E6E0E74AB3A"><header>Acquisition, construction, and
improvements</header><text display-inline="no-display-inline">For necessary
expenses of acquisition, construction, renovation, and improvement of aids to
navigation, shore facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and operation of
facilities and equipment, as authorized by law;
$1,391,924,000, 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, <added-phrase reported-display-style="italic"></added-phrase>2016<added-phrase reported-display-style="italic"></added-phrase>, for other equipment; of which
$193,692,000 shall be available until September
30, <added-phrase reported-display-style="italic"></added-phrase>2016<added-phrase reported-display-style="italic"></added-phrase>, 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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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—</text>
<paragraph id="idFAFD98570F2346F1B796ECD6D5A31961"><enum>(1)</enum><text display-inline="yes-display-inline">the proposed appropriations included in
that budget;</text>
</paragraph><paragraph id="idB32E94EA9DD7423AA69A5CC825F06416"><enum>(2)</enum><text display-inline="yes-display-inline">the total estimated cost of completion,
including and clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;</text>
</paragraph><paragraph id="id8AD137368D394A5EB086A20761B99A40"><enum>(3)</enum><text display-inline="yes-display-inline">projected funding levels for each fiscal
year for the next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;</text>
</paragraph><paragraph id="id8F17691FF6EA4EC09437E6A11F3A516B"><enum>(4)</enum><text display-inline="yes-display-inline">an estimated completion date at the
projected funding levels; and</text>
</paragraph><paragraph id="id079680A35E9944538FE72519E6320AFE"><enum>(5)</enum><text display-inline="yes-display-inline">a current acquisition program baseline for
each capital asset, as applicable, that—</text>
<subparagraph id="id164707BD227D4C66A422B86B9CBA3689"><enum>(A)</enum><text display-inline="yes-display-inline">includes the total acquisition cost of each
asset, subdivided by fiscal year and including a detailed description of the
purpose of the proposed funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition activities, production,
structural modifications, missionization, post-delivery, and transition to
operations costs;</text>
</subparagraph><subparagraph id="idBD05AB57E14D40DDB3F119F858B73397"><enum>(B)</enum><text display-inline="yes-display-inline">includes a detailed project schedule
through completion, subdivided by fiscal year, that details—</text>
<clause id="id8D43DB3E539F42EEA93CAE0B9E4CD6D9"><enum>(i)</enum><text display-inline="yes-display-inline">quantities planned for each fiscal year;
and</text>
</clause><clause id="idD8FD059512064EBB8D2E3C1594118D57"><enum>(ii)</enum><text display-inline="yes-display-inline">major acquisition and project events,
including development of operational requirements, contracting actions, design
reviews, production, delivery, test and evaluation, and transition to
operations, including necessary training, shore infrastructure, and
logistics;</text>
</clause></subparagraph><subparagraph id="idFD6BD129E8F34F8BA2F4638CFB606792"><enum>(C)</enum><text display-inline="yes-display-inline">notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of completion from the
original acquisition program baseline and the most recent baseline approved by
the Department of Homeland Security's Acquisition Review Board, if
applicable;</text>
</subparagraph><subparagraph id="id30A4C2E6322D4FFB93775BF5882A0D58"><enum>(D)</enum><text display-inline="yes-display-inline">aligns the acquisition of each asset to
mission requirements by defining existing capabilities of comparable legacy
assets, identifying known capability gaps between such existing capabilities
and stated mission requirements, and explaining how the acquisition of each
asset will address such known capability gaps;</text>
</subparagraph><subparagraph id="id71C06DD38C6945BEB6AE56F93C5B959F"><enum>(E)</enum><text display-inline="yes-display-inline">defines life-cycle costs for each asset and
the date of the estimate on which such costs are based, including all
associated costs of major acquisitions systems infrastructure and transition to
operations, delineated by purpose and fiscal year for the projected service
life of the asset;</text>
</subparagraph><subparagraph id="id6788AE9872EA4FBC80CA075B2ACECAF6"><enum>(F)</enum><text display-inline="yes-display-inline">includes the earned value management system
summary schedule performance index and cost performance index for each asset,
if applicable; and</text>
</subparagraph><subparagraph id="id046E841B6C384AAEA7F1FAC10E34517C"><enum>(G)</enum><text display-inline="yes-display-inline">includes a phase-out and decommissioning
schedule delineated by fiscal year for each existing legacy asset that each
asset is intended to replace or recapitalize:</text>
</subparagraph></paragraph><continuation-text continuation-text-level="appropriations-small"><proviso><italic> Provided
further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso>
That any inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified:
<proviso><italic>Provided further</italic>,</proviso>
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.</continuation-text></appropriations-small><appropriations-small id="id0041741D88154E6ABE2088F48ECAFDB5"><header>Research, development, test, and
evaluation</header>
</appropriations-small><appropriations-small id="id8FD28ECCBFC54544B918DDAB1B7064EF"><text display-inline="no-display-inline">For necessary expenses for applied
scientific research, development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and equipment; as authorized
by law; $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)):
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="idD71F0297A5EF41259732150F8CF523FA"><header>Retired pay</header><text display-inline="no-display-inline">For retired pay, including the payment of
obligations otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman’s Family Protection and Survivor Benefits
Plans, payment for career status bonuses, concurrent receipts and
combat-related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their dependents
under chapter 55 of title 10, United States Code,
$1,440,157,000, to remain available until
expended.</text>
</appropriations-small><appropriations-intermediate id="id1B57FE68D5E24965A2503F148104FC15"><header>United States secret
service</header>
</appropriations-intermediate><appropriations-small id="idD84529CE715F4A06B500FE6ECEDF83DC"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the United States
Secret Service, including: purchase of not to exceed 652 vehicles for
police-type use for replacement only; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft; services
of expert witnesses at such rates as may be determined by the Director of the
Secret Service; rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or other property not
in Government ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to employees 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:
<proviso><italic>Provided</italic>,</proviso> That up to
$18,000,000 for protective travel shall remain
available until September 30, <added-phrase reported-display-style="italic"></added-phrase>2013<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided further</italic>,</proviso> That
up to $19,307,000 for National Special Security
Events shall remain available until expended:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
the Director of the United States Secret Service may enter into an agreement to
perform such service on a fully reimbursable basis:<proviso><italic> Provided further,</italic></proviso> That of the total
amount made available under this heading,
<added-phrase reported-display-style="italic"></added-phrase>$43,843,000,<added-phrase reported-display-style="italic"></added-phrase> to remain available until
September 30, 2014, is for information integration and technology
transformation:
<proviso><italic>Provided further</italic>,</proviso> That
<added-phrase reported-display-style="italic"></added-phrase>$20,000,000<added-phrase reported-display-style="italic"></added-phrase> 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<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided further</italic>,</proviso> 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.<added-phrase reported-display-style="italic"></added-phrase></text>
</appropriations-small><appropriations-small id="id8A525EEB8658401F9F93CA8315CA3FAC"><header>ACQUISITION, CONSTRUCTION,
IMPROVEMENTS, AND RELATED EXPENSES </header><text display-inline="no-display-inline">For necessary expenses for acquisition,
construction, repair, alteration, and improvement of facilities,
$5,380,000, to remain available until September
30, 2016.</text>
</appropriations-small><enum>III</enum><header display-inline="no-display-inline">PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY</header>
<appropriations-intermediate id="id21AE3BBE966848D68322F3A786936C57"><header>National protection and programs
directorate</header>
</appropriations-intermediate><appropriations-intermediate id="id7575FC3343B54E36BE8156020CF888AA"><header>Management and
administration</header><text display-inline="no-display-inline">For salaries
and expenses of the Office of the Under Secretary for the National Protection
and Programs Directorate, support for operations, information technology, and
the Office of Risk Management and Analysis,
$37,875,000:
<proviso><italic>Provided</italic>,</proviso> That not to exceed
$4,250 shall be for official reception and
representation expenses:<proviso><italic> Provided
further,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-small id="id253C083D0DD34C6E9D330BE1161D3715"><header>Infrastructure protection and
information security</header><text display-inline="no-display-inline">For
necessary expenses for infrastructure protection and information security
programs and activities, as authorized by title II of the Homeland Security Act
of 2002 (6 U.S.C. 121 et seq.), $918,283,000, of
which $773,473,000 shall remain available until
September 30, 2013.</text>
</appropriations-small><appropriations-intermediate id="id338506290E204C7A8232DC9093CC9152"><header>Federal protective
service</header><text display-inline="no-display-inline">The revenues and
collections of security fees credited to this account shall be available until
expended for necessary expenses related to the protection of federally owned
and leased buildings and for the operations of the Federal Protective Service:
<proviso><italic>Provided</italic>,</proviso> 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 <quote>in-service field
staff</quote>):<proviso><italic> Provided
further,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-small id="idFB088921FE6D4F26B9D42664EDF7CBF9"><header>United States visitor and immigrant
status indicator technology</header>
</appropriations-small><appropriations-small id="id5751057B1CE741A6B0BEC3BBCB835B91"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:<proviso><italic> Provided further,</italic></proviso> 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.<added-phrase reported-display-style="italic"></added-phrase></text>
</appropriations-small><appropriations-intermediate id="id459A27D730594F3C9C6845E18F4660CD"><header>Office of health affairs</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Health Affairs, $159,450,000;<added-phrase reported-display-style="italic"></added-phrase> of which
$29,171,000 is for salaries and expenses and
$90,164,000 is for BioWatch operations:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That
not to exceed $2,500 shall be for official
reception and representation expenses<added-phrase reported-display-style="italic">.</added-phrase></text>
</appropriations-intermediate><appropriations-intermediate id="id902E4DE737704F16A3693524E8E6EA77"><header>Federal Emergency Management
Agency</header>
</appropriations-intermediate><appropriations-small id="id35A891FBC282489F9F2AD1981C0481C2"><header>Operating expenses</header><text display-inline="no-display-inline">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):
<proviso><italic>Provided</italic>,</proviso> That not to exceed
$2,500 shall be for official reception and
representation expenses:
<proviso><italic>Provided further</italic>,</proviso> 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:<proviso><italic> Provided
further,</italic></proviso> That the authority in the preceding proviso shall
expire on September 30, 2012:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="idE95AE00C27A344788B385A8D1F25C5D1"><header>State and local
programs</header>
</appropriations-small><appropriations-small commented="no" id="id8F4C45F42CF24E2E9F9271142E72873A"><header>(INCLUDING TRANSFER OF
FUNDS)</header><text display-inline="no-display-inline">For grants, contracts,
cooperative agreements, and other activities,
$1,476,681,000 shall be allocated as
follows:</text>
<paragraph commented="no" id="ID98f0ac303d164a8faaebc6128cf6bbdc"><enum>(1)</enum><text>$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):
<proviso><italic>Provided</italic>,</proviso> That of the amount
provided by this paragraph, $50,000,000 shall be
for Operation Stonegarden:
<proviso><italic>Provided further</italic>,</proviso>
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.</text>
</paragraph><paragraph commented="no" id="ID9bc749e9ba164f0d810a4e8b00d5a3be"><enum>(2)</enum><text>$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.</text>
</paragraph><paragraph commented="no" id="ID1f9b036115cb45248efa02010525783a"><enum>(3)</enum><text>$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:
<proviso><italic>Provided</italic>,</proviso> That such public
transportation security assistance shall be provided directly to public
transportation agencies.</text>
</paragraph><paragraph commented="no" id="ID4de4a1d892f549a39ed9ef5e0e9ac56e"><enum>(4)</enum><text>$200,000,000
shall be for Port Security Grants in accordance with 46 U.S.C. 70107.</text>
</paragraph><paragraph commented="no" id="IDee33553c3b1c48beb0ac2abf66e6c87c"><enum>(5)</enum><text>$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.</text>
</paragraph><paragraph commented="no" id="IDcd20296bc3a34b72826d3a2b69897b84"><enum>(6)</enum><text>$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:</text>
<continuation-text continuation-text-level="paragraph"><proviso><italic>Provided</italic>,</proviso>
That 5.8 percent of the amounts provided under this heading shall be
transferred to the Federal Emergency Management Agency <quote>Operating
Expenses</quote> 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:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
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:<proviso><italic> Provided
further,</italic></proviso> That for grants under paragraphs (1) and (2), the
installation of communications towers is not considered construction of a
building or other physical facility:
<proviso><italic>Provided further</italic>,</proviso>
That grantees shall provide reports on their use of funds, as determined
necessary by the Secretary of Homeland Security:
<proviso><italic>Provided
further</italic>,</proviso><added-phrase reported-display-style="italic"></added-phrase> 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.</continuation-text></paragraph></appropriations-small><appropriations-small commented="no" id="idCB46DD70CBAC4E0BAAD79D4E2196F7A7"><header>Firefighter assistance
grants</header><text display-inline="no-display-inline">For necessary expenses
for programs authorized by the Federal Fire Prevention and Control Act of 1974
(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):
<proviso><italic>Provided</italic>,</proviso> That not to exceed 5
percent of the amount available under this heading shall be available for
program administration.</text>
</appropriations-small><appropriations-small commented="no" id="idEC182F75F3AF4CDE8D8E360275918D72"><header>Emergency management performance
grants</header><text display-inline="no-display-inline">For necessary expenses
for emergency management performance grants, as authorized by the National
Flood Insurance Act of 1968 (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:
<proviso><italic>Provided</italic>,</proviso> That total administrative
costs shall not exceed 3 percent of the total amount appropriated under this
heading.</text>
</appropriations-small><appropriations-small id="id576A129F10E94514862908F2F64D8B12"><header>Radiological emergency preparedness
program</header><text display-inline="no-display-inline">The aggregate charges
assessed during fiscal year <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>, 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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
fees received under this heading shall be deposited in this account as
offsetting collections and will become available for authorized purposes on
October 1, 2012, and remain available until
expended.</text>
</appropriations-small><appropriations-small id="id4A0076C085F742BFAAFA29F2531293EA"><header>UNITED STATES FIRE
ADMINISTRATION</header><text display-inline="no-display-inline">For necessary
expenses of the United States Fire Administration and for other purposes, as
authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$45,038,000.</text>
</appropriations-small><appropriations-small id="idB63DE989CEE64CD89DA881A61CE53310"><header>Disaster relief
fund</header>
</appropriations-small><appropriations-small id="id4671D22F3D0C4B81AB47272F3B329605"><header>(Including transfer of
funds)</header>
</appropriations-small><appropriations-small id="id88B27A0DF99F40AC8E9056627E2ACC79"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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 <quote>Disaster Relief
Fund</quote> for the current fiscal year and the succeeding three fiscal years:
<proviso><italic>Provided further</italic>,</proviso> 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 <quote>Disaster Relief Fund</quote> balance will reach
$800,000,000:<proviso><italic>
Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided
further</italic>,</proviso><added-phrase reported-display-style="italic"></added-phrase>That the Federal Emergency
Management Agency shall submit the monthly <quote>Disaster Relief Fund</quote>
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:
<proviso><italic>Provided further</italic>,</proviso> 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—<added-phrase reported-display-style="italic"></added-phrase></text>
<paragraph id="ID9c12be5fb7bb46779bda0a1c46371210"><enum>(1)</enum><text>the detailed information
required in supporting documentation for reimbursements; and</text>
</paragraph><paragraph id="ID47b4930bb3cf4fe1b4f267d9752a4720"><enum>(2)</enum><text>the necessity for
timeliness of agency billings.</text>
</paragraph></appropriations-small><appropriations-small id="id6CD00C9F7A6746DDB4DFDD42CE3E407E"><text display-inline="no-display-inline">For an additional amount for the
<quote>Disaster Relief Fund</quote> 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.</text>
</appropriations-small><appropriations-small id="idAE49A431F30443D2B9F9E10D216A00EF"><header>Disaster assistance direct loan program
account</header><text display-inline="no-display-inline">For activities under
section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5162), $295,000 is for the cost
of direct loans:
<proviso><italic>Provided</italic>,</proviso> That gross obligations
for the principal amount of direct loans shall not exceed
$25,000,000:
<proviso><italic>Provided further</italic>,</proviso> 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).</text>
</appropriations-small><appropriations-small id="id041FF3EF02824866BEF62E7F7C88D4AF"><header>Flood hazard mapping and risk analysis
program</header><text display-inline="no-display-inline">For necessary
expenses, including administrative costs,<added-phrase reported-display-style="italic"></added-phrase> 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.</text>
</appropriations-small><appropriations-small id="id75CDD40D69914D09B5E0409745193B7E"><header>National flood insurance
fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:</text>
<paragraph id="id2DADC1D166F84B9CA32125BBA611FCB5"><enum>(1)</enum><text display-inline="yes-display-inline">$132,000,000
for operating expenses;</text>
</paragraph><paragraph id="idEF86352339DC40919481871278CF5A1E"><enum>(2)</enum><text display-inline="yes-display-inline">$1,007,571,000
for commissions and taxes of agents;</text>
</paragraph><paragraph id="id6B59F1D9E2A046BAB469439B1F77C133"><enum>(3)</enum><text display-inline="yes-display-inline">such sums as are necessary for interest on
Treasury borrowings; and</text>
</paragraph><paragraph id="id82AC2F675F964DC1A72FE3CFFF591FDA"><enum>(4)</enum><text display-inline="yes-display-inline">$60,000,000<added-phrase reported-display-style="italic"></added-phrase>, which shall remain available
until expended for flood mitigation actions; of which not less than
<added-phrase reported-display-style="italic"></added-phrase>$10,000,000<added-phrase reported-display-style="italic"></added-phrase> is for severe repetitive loss
properties under section 1361A of the National Flood Insurance Act of 1968 (42
U.S.C. 4102a); of which <added-phrase reported-display-style="italic"></added-phrase>$10,000,000<added-phrase reported-display-style="italic"></added-phrase> 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
<added-phrase reported-display-style="italic"></added-phrase>$40,000,000<added-phrase reported-display-style="italic"></added-phrase> 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):<added-phrase reported-display-style="italic"></added-phrase></text>
</paragraph><continuation-text continuation-text-level="appropriations-small"><proviso><italic>Provided
further</italic>,</proviso> 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)):
<proviso><italic>Provided further</italic>,</proviso>
That total administrative costs shall not exceed 4 percent of the total
appropriation.</continuation-text></appropriations-small><appropriations-small id="id72B2C73430D4492BBB6A3239DDBDD031"><header>National predisaster mitigation
fund</header><text display-inline="no-display-inline">For the predisaster
mitigation grant program under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133),
<added-phrase reported-display-style="italic"></added-phrase>including
administrative costs, $42,500,000, to remain
available until expended:
<proviso><italic>Provided</italic>,</proviso> That the total
administrative costs associated with such grants shall not exceed
$3,000,000 of the total amount made available
under this heading.</text>
</appropriations-small><appropriations-small commented="no" id="id788B630D80984EBA86FA67167AD205E5"><header>Emergency food and
shelter</header><text display-inline="no-display-inline">To carry out the
emergency food and shelter program pursuant to title III of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11331 et seq.),
$120,000,000, to remain available until
expended:
<proviso><italic>Provided</italic>,</proviso> That total administrative
costs shall not exceed 3.5 percent of the total amount made available under
this heading.</text>
</appropriations-small><enum>IV</enum><header display-inline="no-display-inline">Research and Development, Training, and
Services</header>
<appropriations-intermediate id="id6553A57914554BB6BE7F6E95B1E6E4E5"><header>United states citizenship and
immigration services</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id88237AA8C5B34F34B52F9A571A15BBFF"><header>Federal law enforcement training
center</header>
</appropriations-intermediate><appropriations-small id="idFF0D795A0AF0475D93BB166FE020C10D"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Federal Law
Enforcement Training Center, including materials and support costs of Federal
law enforcement basic training; the purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles; expenses for student
athletic and related activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and enhancement of
community support of law enforcement training; room and board for student
interns; a flat monthly reimbursement to employees authorized to use personal
mobile phones for official duties; and services as authorized by 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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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
<quote>December 31, 2012</quote> and inserting <quote>December 31,
2014</quote>:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
the Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, shall lead the
Federal law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors.</text>
</appropriations-small><appropriations-small id="id767A23AB2CA44876824550736540CC7C"><header>ACQUISITIONS, CONSTRUCTION,
IMPROVEMENTS, AND RELATED EXPENSES</header><text display-inline="no-display-inline">For acquisition of necessary additional real
property and facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement Training
Center, $33,456,000, to remain available until
expended:
<proviso><italic>Provided</italic>,</proviso> That the Center is
authorized to accept reimbursement to this appropriation from government
agencies requesting the construction of special use
facilities.</text>
</appropriations-small><appropriations-intermediate id="id0E9A76AB6ABD4EAA818B81FD61C95835"><header>Science and
Technology</header>
</appropriations-intermediate><appropriations-small id="idEC17B87B03FD443BB8EC4A5362D12F33"><header>MANAGEMENT AND
ADMINISTRATION</header><text display-inline="no-display-inline">For salaries
and expenses of the Office of the Under Secretary for Science and Technology
and for management and administration of programs and activities, as authorized
by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$143,000,000:
<proviso><italic>Provided</italic>,</proviso> That not to exceed
$8,500 shall be for official reception and
representation expenses<added-phrase reported-display-style="italic">.</added-phrase></text>
</appropriations-small><appropriations-small id="id4388FC003F4D4060A880844C4C2C5BA3"><header>RESEARCH, DEVELOPMENT, ACQUISITION, AND
OPERATIONS</header><text display-inline="no-display-inline">For necessary
expenses for science and technology research, including advanced research
projects; development; test and evaluation; acquisition; and operations; as
authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.); <added-phrase reported-display-style="italic"></added-phrase>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, <added-phrase reported-display-style="italic"></added-phrase>2014<added-phrase reported-display-style="italic"></added-phrase>, 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.</text>
</appropriations-small><appropriations-intermediate id="idB976A72307EF4DE1AAFFB49A07CFD0A4"><header>Domestic Nuclear Detection
Office</header>
</appropriations-intermediate><appropriations-small id="idD8BACA32D7614128BE6BEC5349BD8780"><header>MANAGEMENT AND
ADMINISTRATION</header><text display-inline="no-display-inline">For salaries
and expenses of the Domestic Nuclear Detection Office as authorized by title
XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.), for management
and administration of programs and activities,
$37,000,000:
<proviso><italic>Provided</italic>,</proviso> That not to exceed
$2,500 shall be for official reception and
representation expenses:<proviso><italic> Provided
further,</italic></proviso> 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:</text>
<paragraph id="idB045018EEF9B42D6BFA675B6F3F075A8"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id562DD2E1F3A44C27A2F9CFB652E3CAB0"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id03DE9DB242BE4A97AC083647EEF784DF"><enum>(3)</enum><text display-inline="yes-display-inline">describe the investments necessary to close
known vulnerabilities and gaps, including associated costs and timeframes, and
estimates of feasibility and cost effectiveness; and</text>
</paragraph><paragraph id="idED38940A9B974A709E23936D75B50247"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></appropriations-small><appropriations-small id="idD0D9C22BE7DF4D8F81BA15C8809AE2FC"><header>RESEARCH, DEVELOPMENT, AND
OPERATIONS</header><text display-inline="no-display-inline">For necessary
expenses for radiological and nuclear detection related development, testing,
evaluation, and operations, $191,000,000, to
remain available until September 30, 2014.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id7337D9D1017842F1AE511D1EAFB5E327"><header>Systems acquisition</header><text display-inline="no-display-inline">For expenses for the Domestic Nuclear
Detection Office acquisition and deployment of radiological detection systems
<added-phrase reported-display-style="italic"></added-phrase>in accordance with
the global nuclear detection architecture<added-phrase reported-display-style="italic"></added-phrase>,
$40,000,000, to remain available until September
30, 2014:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That
the Secretary shall continue to consult with the National Academy of Sciences
before making such certifications:
<proviso><italic>Provided further</italic>,</proviso> That
none of the funds appropriated under this heading shall be used for high-risk
concurrent development and production of mutually dependent software and
hardware.</text>
</appropriations-intermediate><enum>V</enum><header display-inline="no-display-inline">GENERAL PROVISIONS</header>
<section id="idE4B24918E93248169153201167ED7CA3"><enum>501.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
</section><section id="idBA168151497045CCB2536B6D3CDCBFEF"><enum>502.</enum><text display-inline="yes-display-inline">Subject to the requirements of section 503
of this Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be accounted for as one
fund for the same time period as originally enacted.</text>
</section><section id="id4791D1647D6947C3A4BACA3D483E8AC5"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF4BA9FCC6A474E2C9C21D7646A6A1130"><enum>(a)</enum><text display-inline="yes-display-inline">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 <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>, 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:</text>
<paragraph changed="added" committee-id="SSAP00" id="idCE20F990E2C74C12908799F22BAE118C" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline">creates a new program, project, or
activity;</text>
</paragraph><paragraph changed="added" committee-id="SSAP00" id="idAB9186AC9D374D43B228DD2872FBA9E2" reported-display-style="italic"><enum>(2)</enum><text display-inline="yes-display-inline">eliminates a program, project, office, or
activity;</text>
</paragraph><paragraph changed="added" committee-id="SSAP00" id="id1B73A6F0D57245D993DD16202E3CA440" reported-display-style="italic"><enum>(3)</enum><text display-inline="yes-display-inline">increases funds for any program, project,
or activity for which funds have been denied or restricted by the
Congress;</text>
</paragraph><paragraph changed="added" commented="no" committee-id="SSAP00" id="id9A863639ED8D444A905F879EF9EAF5CF" reported-display-style="italic"><enum>(4)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph changed="added" committee-id="SSAP00" id="idB0CC5488B9944235BEB38ECAE722F713" reported-display-style="italic"><enum>(5)</enum><text display-inline="yes-display-inline">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
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase> Budget Appendix for the
Department of Homeland Security, as modified by the joint explanatory statement
accompanying this Act, unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in advance of such
reprogramming of funds.</text>
</paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="ID0881c7ba7ef740d3a23c73f11497aa0a" reported-display-style="italic"><enum>(b)</enum><text>None of the funds
provided by this Act, provided by previous appropriations Acts to the agencies
in or transferred to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>, 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:</text>
<paragraph id="idE6476018285C4B8C862803AC7698B6E5"><enum>(1)</enum><text>augments existing
programs, projects, or activities;</text>
</paragraph><paragraph id="id2B429202645D4BC89655E7CA9CF79254"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="id78BC86B267504BA6AF171231981E62DA"><enum>(3)</enum><text>results from any general
savings from a reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such reprogramming of funds.</text>
</paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="IDb26be4495a164398a79e88ccde5e2423" reported-display-style="italic"><enum>(c)</enum><text>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:
<proviso><italic>Provided</italic>,</proviso> That any transfer under
this section shall be treated as a reprogramming of funds under subsection (b)
and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are notified 15
days in advance of such transfer.</text>
</subsection><subsection changed="added" commented="no" committee-id="SSAP00" id="IDaeba5895a87e4573a21166b66e37c9a7" reported-display-style="italic"><enum>(d)</enum><text>Notwithstanding
subsections (a), (b), and (c) of this section, no funds shall be reprogrammed
within or transferred between appropriations after June 30, except in
extraordinary circumstances that imminently threaten the safety of human life
or the protection of property.</text>
</subsection><subsection changed="added" commented="no" committee-id="SSAP00" id="IDae20d0ef427e41359e5fd43e4f6641a7" reported-display-style="italic"><enum>(e)</enum><text>The notification
thresholds and procedures set forth in this section shall apply to any use of
deobligated balances of funds provided in previous Department of Homeland
Security Appropriations Acts.</text>
</subsection></section><section id="IDc57e29c2296c42b7900f8246c1132566"><enum>504.</enum><text display-inline="yes-display-inline">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 <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided</italic>,</proviso> 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
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase> budget:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
That all departmental components shall be charged only for direct usage of each
Working Capital Fund service:
<proviso><italic>Provided further</italic>,</proviso>
That funds provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component:
<proviso><italic>Provided further</italic>,</proviso>
That the Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service:
<proviso><italic>Provided further</italic>,</proviso>
That the Working Capital Fund shall be subject to the requirements of section
503 of this Act.</text>
</section><section id="ID765deb1136bb4f489eb286843de01453"><enum>505.</enum><text display-inline="yes-display-inline">Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances remaining available at
the end of fiscal year <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase> from appropriations for
salaries and expenses for fiscal year
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase> in this Act shall remain
available through September 30, <added-phrase reported-display-style="italic"></added-phrase>2013<added-phrase reported-display-style="italic"></added-phrase>, in the account and for the
purposes for which the appropriations were provided:
<proviso><italic>Provided</italic>,</proviso> That prior to the
obligation of such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for approval in
accordance with section 503 of this Act.</text>
</section><section id="ID2732946662c24b66bd2bbbf178f840ef"><enum>506.</enum><text display-inline="yes-display-inline">Funds made available by this Act for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of 1947 (50
U.S.C. 414) during fiscal year <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase> until the enactment of an Act
authorizing intelligence activities for fiscal year
<added-phrase reported-display-style="italic"></added-phrase>2012.<added-phrase reported-display-style="italic"></added-phrase></text>
</section><section id="IDa785b8ddc33c45cfa8e1b62bc3908041"><enum>507.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso>
That no notification shall involve funds that are not available for obligation:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
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
<quote>State and Local Programs</quote>.</text>
</section><section id="ID5aed7fe9d1cb4cd2b35db0e767f2bf44"><enum>508.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
no agency shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of Representatives,
except that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training that cannot be accommodated in existing Center
facilities.</text>
</section><section id="IDbde22633a31b457da30361dd3166c8d1"><enum>509.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus otherwise
required under chapter 33 of title 40, United States Code, has not been
<added-phrase reported-display-style="italic"></added-phrase>approved<added-phrase reported-display-style="italic"></added-phrase>, except that necessary funds
may be expended for each project for required expenses for the development of a
proposed prospectus.</text>
</section><section id="ID55bffda7ca4c48318cd5d2777053d8f6"><enum>510.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDac72db4226bb400f8e7765d55a3cf8c3"><enum>511.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used in contravention of the applicable provisions of the Buy
American Act (41 U.S.C. 10a et seq.).</text>
</section><section id="idE9D4D79785AA4008B8C751E108CADDD0"><enum>512.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used by any person other than the Privacy Officer appointed under
subsection (a) of section 222 of the Homeland Security Act of 2002 (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.</text>
</section><section commented="no" id="IDdd8c8038f60d4709aa0ab76b4a6111ec"><enum>513.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).</text>
</section><section id="ID1f8210bb17674ed4811ff86082ef9676"><enum>514.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID622e69826fc842c8887ff52f6dc15e3d"><enum>515.</enum><text display-inline="yes-display-inline">Within 45 days after the end of each month,
the Chief Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month that
includes total obligations, on-board versus funded full-time equivalent
staffing levels, and the number of contract employees for each office of the
Department.</text>
</section><section commented="no" id="ID5c41763e08ef48b09bf44107775bdb79"><enum>516.</enum><text display-inline="yes-display-inline">Except as provided in section 44945 of
title 49, United States Code, funds appropriated or transferred to
Transportation Security Administration <quote>Aviation Security</quote>,
<quote>Administration</quote> and <quote>Transportation Security
Support</quote> 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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section commented="no" id="IDd21d8a1e159c443cb840684c21c9649f"><enum>517.</enum><text display-inline="yes-display-inline">Any funds appropriated to Coast Guard
<quote>Acquisition, Construction, and Improvements</quote> for fiscal years
2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended for
the Fast Response Cutter program.</text>
</section><section id="IDc27e8b65ee444d8aac171f2c2623953d"><enum>518.</enum><text display-inline="yes-display-inline">Section 532(a) of Public Law 109–295 (120
Stat. 1384) is amended by striking <quote><added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase></quote> and inserting
<quote><added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase> and thereafter</quote>.</text>
</section><section id="ID5f41274c2cb64090b8bb4058bc4bf7f4"><enum>519.</enum><text display-inline="yes-display-inline">The functions of the Federal Law
Enforcement Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory Reform Act of
1998 (31 U.S.C. 501 note).</text>
</section><section id="IDc8895a3c1563422e8bfdf9ba6dfb0380"><enum>520.</enum><subsection commented="no" display-inline="yes-display-inline" id="id19AE2242A55D4A449C51CF8099CB1693"><enum>(a)</enum><text display-inline="yes-display-inline">Except as provided in subsection (b), none
of the funds appropriated in this or any other Act to the Office of the
Secretary and Executive Management, the Office of the Under Secretary for
Management, or the Office of the Chief Financial Officer, may be obligated for
a grant or contract funded under such headings by any means other than full and
open competition.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="ID26e5914443834126a762b8c15a0eaa01" reported-display-style="italic"><enum>(b)</enum><text>Subsection (a) does not
apply to obligation of funds for a contract awarded—</text>
<paragraph id="IDfe7fd2a3644c4d03bff0962c1b0d6074"><enum>(1)</enum><text>by a means that is
required by a Federal statute, including obligation for a purchase made under a
mandated preferential program, including the AbilityOne Program, that is
authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.);</text>
</paragraph><paragraph id="IDe5f5592277894ca9b5078e4809f42778"><enum>(2)</enum><text>pursuant to the Small
Business Act (15 U.S.C. 631 et seq.);</text>
</paragraph><paragraph id="ID7b1a6c064f4d4a869372efa2175292b2"><enum>(3)</enum><text>in an amount less than
the simplified acquisition threshold described under section 302A(a) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252a(a));
or</text>
</paragraph><paragraph id="ID1f4623221848412da0db63a254a0c9c5"><enum>(4)</enum><text>by another Federal agency
using funds provided through an interagency agreement.</text>
</paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="ID6a35c2300a33453d9d2bf241c23cd40b" reported-display-style="italic"><enum>(c)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id49D55FC9EE484BCB9A92D6D7864A4E31"><enum>(1)</enum><text>Subject to paragraph
(2), the Secretary of Homeland Security may waive the application of this
section for the award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health or
welfare.</text>
</paragraph><paragraph changed="added" committee-id="SSAP00" id="ID5efbbf2891b348969ff1f69b91c239b9" indent="up1" reported-display-style="italic"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="IDea43dabb5c27469693cbce78fadf21c7" reported-display-style="italic"><enum>(d)</enum><text>In addition to the
requirements established by subsections (a), (b), and (c) of this section, the
Inspector General of the Department of Homeland Security shall review
departmental contracts awarded through means other than a full and open
competition to assess departmental compliance with applicable laws and
regulations:
<proviso><italic>Provided</italic>,</proviso> That the Inspector
General shall review selected contracts awarded in the previous fiscal year
through means other than a full and open competition:
<proviso><italic>Provided further</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso>
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, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</subsection></section><section id="IDdb7b19f0984743a7bd0d824c6d5aab03"><enum>521.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id6B5C6BD694204808B626C9BDD001A69F"><enum>522.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID523e7566662147cb8cc1917563cf8d76"><enum>523.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="IDb7cfc02e172d46068dd5047a13f97dd9"><enum>524.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used by United States Citizenship and Immigration Services to grant
an immigration benefit unless the results of background checks required by law
to be completed prior to the granting of the benefit have been received by
United States Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.</text>
</section><section id="ID521280041c0c4f8d9c94dfed51ceb107"><enum>525.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idC65446855D0E4BA7A6588E393D9BFBCE"><enum>526.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section commented="no" id="ID0af14c815c04455bb8224b1f471c5f53"><enum>527.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID2b85fbb36c2f46b5b3cb7d1495641a4b"><enum>528.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="id5BE67EA0D1434BCCA7C68A10D89849A3"><enum>529.</enum><text display-inline="yes-display-inline">Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended—</text>
<paragraph commented="no" id="id572A13FD317F466188BD9F663ED2B577"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (a), by striking <quote>Until
September 30, 2011,</quote> and inserting <quote>Until September 30,
2012,</quote>;</text>
</paragraph><paragraph id="IDf6f19b682e8c46329628ebf93a0401b9"><enum>(2)</enum><text>by striking subsection
(b);</text>
</paragraph><paragraph id="ID3821234226f1400f962366cdac1c95a2"><enum>(3)</enum><text>by redesignating
subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively;
and</text>
</paragraph><paragraph id="IDb4b6afae3aa34a2ba65583fb7cd58636"><enum>(4)</enum><text>in subsection (c)(1) (as
redesignated by paragraph (3) of this section), by striking <quote>September
30, 2011,</quote> and inserting <quote>September 30, 2012,</quote>.</text>
</paragraph></section><section id="ID984fb031773a43aa96381cb8520d0be9"><enum>530.</enum><text display-inline="yes-display-inline">The Secretary of Homeland Security shall
require that all contracts of the Department of Homeland Security that provide
award fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).</text>
</section><section id="IDaa8f5dc1ab5741dfa3695b62eb092995"><enum>531.</enum><text display-inline="yes-display-inline">None of the funds made available to the
Office of the Secretary and Executive Management under this Act may be expended
for any new hires by the Department of Homeland Security that are not verified
through the E-Verify Program under section 401 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).</text>
</section><section id="ID153b469c82824a69b98f4c84ab8b30ee"><enum>532.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act for U.S. Customs and Border Protection may be used to prevent an individual
not in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a
prescription drug from Canada that complies with the Federal Food, Drug, and
Cosmetic Act:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso>
That the prescription drug may not be—</text>
<paragraph id="ID1927cee8a9f7426b99b48ead1aaa69aa"><enum>(1)</enum><text>a controlled substance,
as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802);
or</text>
</paragraph><paragraph id="ID36718d785f2244ea92e7a3509505e70d"><enum>(2)</enum><text>a biological product, as
defined in section 351 of the Public Health Service Act (42 U.S.C. 262).</text>
</paragraph></section><section id="ID8c24a58544904b148be4d1ae6c8f4db5"><enum><added-phrase reported-display-style="italic"></added-phrase>533.</enum><text display-inline="yes-display-inline">The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any proposed
transfers of funds available under 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:
<proviso><italic>Provided</italic>,</proviso> That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve the
proposed transfers.</text>
</section><section id="ID9bcd3d0b4b0547f4ad38f673bc51cc10"><enum>534</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for planning, testing, piloting, or developing a national
identification card.</text>
</section><section commented="no" id="ID1062c4f766704a28b92b1b7f19d1973f"><enum>535</enum><subsection commented="no" display-inline="yes-display-inline" id="id3B1F68DCB266448EBE7E93705CEF39BD"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" committee-id="SSAP00" id="ID0133051421a244a6bc697840f1b57236" reported-display-style="italic"><enum>(b)</enum><text>The Administrator may
redact from a report under subsection (a) any data that the Administrator
determines would compromise national security.</text>
</subsection><subsection changed="added" commented="no" committee-id="SSAP00" id="ID6dfa84183f9e4644a0f7691fdb9f9461" reported-display-style="italic"><enum>(c)</enum><text>In this section—</text>
<paragraph commented="no" id="ID8558d8ad7f7944848795933f6126949b"><enum>(1)</enum><text>the term
<quote>Administrator</quote> means the Administrator of the Federal Emergency
Management Agency; and</text>
</paragraph><paragraph commented="no" id="IDe4742201b4c245ecb9144028715d2618"><enum>(2)</enum><text>the term <quote>major
disaster</quote> has the meaning given that term in section 102 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).</text>
</paragraph></subsection></section><section id="IDec7a1a7eaf7e4a3b98f11ba7cc2cd016"><enum>536.</enum><subsection commented="no" display-inline="yes-display-inline" id="idECC303AC2DCE40C8A2A296BB878D48C4"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="id192F56A92B6E4B28A0CF944FCCDAAE59" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">The proceeds of such sale described in
subsection (a) shall be deposited as offsetting collections into the Department
of Homeland Security Science and Technology <quote>Research, Development,
Acquisition, and Operations</quote> account and, subject to appropriation,
shall be available until expended, for site acquisition, construction, and
costs related to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale, including due diligence
requirements, necessary environmental remediation at Plum Island, and
reimbursement of expenses incurred by the General Services
Administration.</text>
</subsection></section><section commented="no" id="ID19f96e52e79d41fca45be6b70fb25373"><enum>537.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDea7810c1af3c4b669ae207ead7dd77f3"><enum>538.</enum><text display-inline="yes-display-inline">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
<quote>on October 4, 2011</quote> and inserting <quote>on October 4,
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase></quote>.</text>
</section><section id="id6977622A8F8B49E694E8D53620A9B8A5"><enum>539.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who—</text>
<paragraph id="idC8F790393A5A4D12B15A1F3B36A025D3"><enum>(1)</enum><text display-inline="yes-display-inline">is not a United States citizen or a member
of the Armed Forces of the United States; and</text>
</paragraph><paragraph id="id0AA7819220DB455F965D669BD9A0D928"><enum>(2)</enum><text display-inline="yes-display-inline">is or was held on or after June 24, 2009,
at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.</text>
</paragraph></section><section commented="no" id="ID92faaa5172d642cc8f6d06ef0ed31333"><enum>540.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID159feb32465d4db0b02d3997021d66d8"><enum>541.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for first-class travel by the employees of agencies funded by
this Act in contravention of sections 301–10.122 through 301.10–124 of title
41, Code of Federal Regulations.</text>
</section><section id="IDb3e7d87b2e094c259a48732ad85c430e"><enum>542.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to propose or effect a disciplinary or adverse action, with
respect to any Department of Homeland Security employee who engages regularly
with the public in the performance of his or her official duties solely because
that employee elects to utilize protective equipment or measures, including but
not limited to surgical masks, N95 respirators, gloves, or hand-sanitizers,
where use of such equipment or measures is in accord with Department of
Homeland Security policy, and Centers for Disease Control and Prevention and
Office of Personnel Management guidance.</text>
</section><section id="IDf918bc2ca338420d8e180ac30be045e7"><enum>543.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).</text>
</section><section id="ID6886f42914fc443d8ff7b11cacca7fa6"><enum>544.</enum><subsection commented="no" display-inline="yes-display-inline" id="idC72E3767663543C6ACDFC0FEC4553493"><enum>(a)</enum><text display-inline="yes-display-inline">Section 1647(b) of Public Law 112–10 is
amended by striking <quote>provided in this division</quote> and inserting
<quote>made available in this or any other Act</quote>.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="idD9354405B71E4E0085E1499C9CE82BB1" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">The amendment made by subsection (a) shall
apply to the fiscal year ending September 30, 2012.</text>
</subsection></section><section id="IDa23e6fde8083447ca50c0a23c068c126"><enum>545.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID6b75e1018da449d591e6282ef6a9c7f0"><enum>546.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That the Secretary
shall notify the Committees on Appropriations of the Senate and House of
Representatives 5 days in advance of such transfer.</text>
</section><section commented="no" id="IDba50c68a13a74c62ad76e208e4614097"><enum>547.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="HFE8582055E1D4D4FB517BEA64983266A"><enum>548.</enum><subsection commented="no" display-inline="yes-display-inline" id="H98A40A7863C54852AC06B25BC61D88A5"><enum>(a)</enum><text display-inline="yes-display-inline">Any company that collects or retains
personal information directly from any individual who participates in the
Registered Traveler program of the Transportation Security Administration shall
safeguard and dispose of such information in accordance with the requirements
in—</text>
<paragraph changed="added" committee-id="SSAP00" id="HA93C533240FB42B5A426F2C9DA518CD9" reported-display-style="italic"><enum>(1)</enum><text>the National Institute
for Standards and Technology Special Publication 800–30, entitled <quote>Risk
Management Guide for Information Technology Systems</quote>;</text>
</paragraph><paragraph changed="added" committee-id="SSAP00" id="H07D29ADF887248AEB397B050942C28F0" reported-display-style="italic"><enum>(2)</enum><text>the National Institute
for Standards and Technology Special Publication 800–53, Revision 3, entitled
<quote>Recommended Security Controls for Federal Information Systems and
Organizations,</quote>; and</text>
</paragraph><paragraph changed="added" committee-id="SSAP00" id="H7BF929FD8AA04F7DABC80D8FF8E3CF3A" reported-display-style="italic"><enum>(3)</enum><text>any supplemental
standards established by the Assistant Secretary of Homeland Security,
(Transportation Security Administration) (referred to in this section as the
<quote>Assistant Secretary</quote>).</text>
</paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="HABC483E0E9714A38BF8772C6653CB2C6" reported-display-style="italic"><enum>(b)</enum><text>The airport authority or
air carrier operator that sponsors the company under the Registered Traveler
program shall be known as the Sponsoring Entity.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="HCC74022E29E7487CA528B5D820F417B8" reported-display-style="italic"><enum>(c)</enum><text>The Assistant Secretary
shall require any company covered by subsection (a) to provide, not later than
30 days after the date of 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.</text>
</subsection></section><section id="IDe95a20bcff9d4df1b2cdbabf77f0968d"><enum>549.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of this
Act, none of the funds appropriated or otherwise made available by this Act may
be used to pay award or incentive fees for contractor performance that has been
judged to be below satisfactory performance or performance that does not meet
the basic requirements of a contract.</text>
</section><section id="idF2AA563DB78940D1910B5664CC7A6C73"><enum>550.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF12BF029969E4EB7ACFB6A6AFE14666A"><enum>(a)</enum><text display-inline="yes-display-inline">Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a report that
either—</text>
<paragraph changed="added" committee-id="SSAP00" id="id50499EBAFBBE43D08B26F05785BD3A15" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph changed="added" committee-id="SSAP00" id="id50F880B6A7CC4CDE801129C845E48D03" reported-display-style="italic"><enum>(2)</enum><text display-inline="yes-display-inline">includes a strategy to comply with the
requirements under title 44901(g) of title 49, United States Code,
including—</text>
<subparagraph id="id468F7E956A3A4E44BDD00CEE5DAB2B54"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="idB308E17A7FDB47D2989B4C8D9D021356"><enum>(B)</enum><text display-inline="yes-display-inline">specification of—</text>
<clause id="id508C92EF1F2C4A46860FE594D09F425B"><enum>(i)</enum><text display-inline="yes-display-inline">the percentage of such air cargo that is
being screened; and</text>
</clause><clause id="idD77EDCE0356645EC8967CF50E0194836"><enum>(ii)</enum><text display-inline="yes-display-inline">the schedule for achieving screening of 100
percent of such air cargo.</text>
</clause></subparagraph></paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="id39E921E7562544868A0522E2B97DF268" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">The Assistant Secretary shall continue to
submit reports described in subsection (a)(2) every 180 days thereafter until
the Assistant Secretary certifies that the Transportation Security
Administration has achieved screening of 100 percent of such air cargo.</text>
</subsection></section><section id="id6BB4CD4FD7DF4481BC5960284000857B"><enum>551.</enum><text display-inline="yes-display-inline">In developing any process to screen
aviation passengers and crews for transportation or national security purposes,
the Secretary of Homeland Security shall ensure that any processes developed
take into consideration such passengers’ and crews’ privacy and civil liberties
consistent with applicable laws, regulations, and guidance.</text>
</section><section id="IDbe5301f744fe4b0b9870af8ba3d9f756"><enum>552.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID5da9758294a540ca8e306ed0d8a7f837"><enum>553.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD213385BB89D4A14A738C6859440E962"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="IDef2d13a198134ff9a834096149cdb2ef" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="id43B42539A49E4123823E329B0D94869E" reported-display-style="italic"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idB124AFD9B9F64290AB13CE680E0EBB31" section-type="subsequent-section"><enum>554.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That notwithstanding 31
U.S.C. 3302(b), fees collected by the Advanced Training Center are to be
deposited into a separate account entitled <quote>Advanced Training Center
Revolving Fund</quote>, and be available, without further appropriations, for
necessary expenses of the Advanced Training Center program, and are to remain
available until expended.</text>
</section><section id="H99C6F244AAA141EEB71F48685869A59B"><enum>555.</enum><text display-inline="yes-display-inline">Section 559(e) of Public Law 111–83 is
amended—</text>
<subsection id="HF9F31EEBACBF42F1BD7FE91B49BB5F9B"><enum>(a)</enum><text>in the matter preceding
the first proviso, by striking <quote>law, sell</quote> and inserting
<quote>law, hereafter sell</quote>; and</text>
</subsection><subsection id="HBE69C7410CEE4289A19E98AA392442EC"><enum>(b)</enum><text>in the first
proviso—</text>
<paragraph id="H0A5E56B706534559922C9569DE366047"><enum>(1)</enum><text>by striking <quote>shall
be deposited</quote> and inserting <quote>shall hereafter be deposited</quote>;
and</text>
</paragraph><paragraph id="H67BF93632F534A5B9DCCD1327FE02012"><enum>(2)</enum><text>by striking
<quote>subject to appropriation,</quote> and inserting <quote>without further
appropriations,</quote>.</text>
</paragraph></subsection></section><section commented="no" display-inline="no-display-inline" id="id2E9DFC27CE184BBF920714670FACE836" section-type="subsequent-section"><enum>556.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
That any sale or collocation of federally owned detention facilities shall not
result in the maintenance of fewer than 33,400 detention beds:
<proviso><italic>Provided further</italic></proviso>,
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.</text>
</section><section id="idFAE6B370E0FF4A648644661B2A9C17CF"><enum>557.</enum><text>For an additional amount
for the <quote>Office of the Under Secretary for Management</quote>,
$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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section id="id26AF05F7858F4F878D74BBF033DAFB19"><enum>558.</enum><text>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.</text>
</section><section id="id8D3C823DAB634C64B06B66BB02E7C75C"><enum>559.</enum><text>None of the funds made
available by this Act may be used to enforce the requirements in—</text>
<paragraph id="id39DFB16D664942FEAB1E93286B661E27"><enum>(1)</enum><text display-inline="yes-display-inline">section 34(a)(1)(A) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));</text>
</paragraph><paragraph id="id3661133C654A4D87882AD9CEEA64780B"><enum>(2)</enum><text display-inline="yes-display-inline">section 34(a)(1)(B) of such Act;</text>
</paragraph><paragraph id="idD4040B0BAF9E4834A6F350CC93CE8A5C"><enum>(3)</enum><text display-inline="yes-display-inline">section 34(c)(1) of such Act;</text>
</paragraph><paragraph id="id86438B17941A482BACA777DEF358E3D4"><enum>(4)</enum><text display-inline="yes-display-inline">section 34(c)(2) of such Act;</text>
</paragraph><paragraph id="idFACE2FF7808645F88B60E541BD9C32DC"><enum>(5)</enum><text display-inline="yes-display-inline">section 34(c)(4)(A) of such Act; and</text>
</paragraph><paragraph id="id30A8F36BB2C445D888FC3C2D3F6ACB99"><enum>(6)</enum><text display-inline="yes-display-inline">section 34(a)(1)(E) of such Act.</text>
</paragraph></section><section id="idECA4611EA961425D8BEBC6B6AC71C9DE"><enum>560.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section id="idD7F321D2AB444774A3D67D69AEE63FF0"><enum>561.</enum><subsection commented="no" display-inline="yes-display-inline" id="id586CFB997543451FB02E604023A7C831"><enum>(a)</enum><header>Civil
penalties</header><text display-inline="yes-display-inline">Section
46301(a)(5)(A)(i) of title 49, United States Code, is amended—</text>
<paragraph changed="added" committee-id="SSAP00" id="id1A046712E8DA42BCB3F76BC184BC89A7" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline">by striking <quote>or chapter 449</quote>
and inserting <quote>chapter 449</quote>; and</text>
</paragraph><paragraph changed="added" committee-id="SSAP00" id="id0D40777EBD0449F5B9CCF459C24E513A" reported-display-style="italic"><enum>(2)</enum><text display-inline="yes-display-inline">by inserting <quote>, or section
46314(a)</quote> after <quote>44909)</quote>.</text>
</paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="idBAAC75DEE7F7494499D64F3363C1C07C" reported-display-style="italic"><enum>(b)</enum><header>Criminal
penalties</header><text display-inline="yes-display-inline">Section 46314(b) of
title 49, United States Code, is amended to read as follows:</text>
<quoted-block changed="added" committee-id="SSAP00" display-inline="no-display-inline" id="idA0833BA8DA664329B12F8C68DAF49E82" reported-display-style="italic" style="appropriations">
<subsection id="id281B72FC896C4684895A66513DE4C852"><enum>(b)</enum><header>Criminal
penalty</header><text display-inline="yes-display-inline">A person violating
subsection (a) of this section shall be fined under title 18, imprisoned for
not more than 10 years, or
both.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection changed="added" committee-id="SSAP00" id="id7853EACC8AC84D96A56AF6539CADC315" reported-display-style="italic"><enum>(c)</enum><header>Notice of
penalties</header><text display-inline="yes-display-inline">Section 46314 of
title 49, United States Code, is amended by adding at the end the following new
subsection:</text>
<quoted-block changed="added" committee-id="SSAP00" display-inline="no-display-inline" id="id08186D15C24A47478045B64E5F92E4A2" reported-display-style="italic" style="appropriations">
<subsection id="id3BE56E2CE5404D6C8B5E0948FCA52C86"><enum>(c)</enum><header>Notice of
penalties</header>
<paragraph id="id34A65F7EC98D4CA890B72ED7ADB5480A"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id1E0797F4C1884AE880A4247A63DA3890"><enum>(2)</enum><header>Effect of signs on
penalties</header><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="idEE43A398D4B349999A958E8641817B5A"><enum>562.</enum><subsection commented="no" display-inline="yes-display-inline" id="id1941E2D387924521928110F15E1CE7A5"><enum>(a)</enum><header>Short
Title</header><text>This section may be cited as the <quote><short-title>Disaster Assistance Recoupment Fairness Act of
2011</short-title></quote>.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="id85EF31CE2DA643D8BD729688F08E4366" reported-display-style="italic"><enum>(b)</enum><header>Debts Since
2005</header>
<paragraph id="id940F90B234874258AB9A1EEC2DE1B7B3"><enum>(1)</enum><header>Definition</header><text display-inline="yes-display-inline">In this section, the term <quote>covered
assistance</quote> means assistance provided—</text>
<subparagraph id="idF82FE42AE8AB41BAB22E128FA6396904"><enum>(A)</enum><text display-inline="yes-display-inline">under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and</text>
</subparagraph><subparagraph id="id965F52557CCC487EBCAE12632BBACCF3"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="idFC466BC7991C4053804F23D756AF145D"><enum>(2)</enum><header>Waiver
authority</header><text display-inline="yes-display-inline">The Administrator
of the Federal Emergency Management Agency—</text>
<subparagraph id="id00055C5681364905B121856E1BC08E75"><enum>(A)</enum><text display-inline="yes-display-inline">subject to subparagraph (B), may waive a
debt owed to the United States related to covered assistance provided to an
individual or household if—</text>
<clause id="id1DC5745DAB4E4D5C9614A562CCE54EB0"><enum>(i)</enum><text display-inline="yes-display-inline">the covered assistance was distributed
based on an error by the Federal Emergency Management Agency;</text>
</clause><clause id="idAD9EEA52D58640FEA3D98BC891652AA9"><enum>(ii)</enum><text display-inline="yes-display-inline">there was no fault on behalf of the debtor;
and</text>
</clause><clause id="idFBD7DA2CA68E42CF87D59E62A4ED1BAC"><enum>(iii)</enum><text display-inline="yes-display-inline">the collection of the debt would be against
equity and good conscience; and</text>
</clause></subparagraph><subparagraph id="id797D0839E9394E079089DDE49B07F53D"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="id00B0F72C686641D58E58352808CA4E39"><enum>(3)</enum><header>Reporting</header><text display-inline="yes-display-inline">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—</text>
<subparagraph id="idDE86D6CD891947BAA77E1337E8040D07"><enum>(A)</enum><text display-inline="yes-display-inline">the Committee on Homeland Security and
Governmental Affairs and the Subcommittee on Homeland Security of the Committee
on Appropriations of the Senate; and</text>
</subparagraph><subparagraph id="id967F06AA276543C3A917E939E33E5404"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection></section><section id="id5075D2FB3F094E8888DB3A7CB86FE4AF"><enum>563.</enum><subsection commented="no" display-inline="yes-display-inline" id="idCC54AAE840504ADF9209CC929E31D117"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">(a)</added-phrase></enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="id4FA80D4B109A4C19B8D35B24D7A06F0A" reported-display-style="italic"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">(b)</added-phrase></enum><header>Limitations</header>
<paragraph id="id8152DBC929EB4A9C93B2EA490B2BD7C5"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">(1)</added-phrase></enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="idCD5FFD4058D748AB9B90472A762C7937"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">(2)</added-phrase></enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idA9FE62A1D73C4C119161C6E8E154D872"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">(3)</added-phrase></enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="idB1692D3E804A44DCB8259A53B34FDC6C" reported-display-style="italic"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">(c)</added-phrase></enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="idD1455C02443241F2AC416695D59FBBC6"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">(1)</added-phrase></enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id18728127409D42BFBB3AB44DB080C000"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">(2)</added-phrase></enum><text display-inline="yes-display-inline">Second, any remaining reimbursement shall
be paid directly to the homeowner.</text>
</paragraph></subsection></section><section id="idB869F9CE9D2D4F5EBBB1739E9D4F7879"><enum><added-phrase committee-id="SSAP00" reported-display-style="italic">564.</added-phrase></enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id693CD1A6C2DF46C6B463CE7DA4F90BE0"><header>(INCLUDING
RESCISSIONS)</header>
</appropriations-small></section><section id="id76BEDFEE9C7B488DB8E68369E211DAF1"><enum>565.</enum><subsection commented="no" display-inline="yes-display-inline" id="idAE4435D822B94E50971392EE7716FBC8"><enum>(a)</enum><text display-inline="yes-display-inline">For an additional amount for Coast Guard
<quote>Acquisition, Construction, and Improvements</quote>,
$18,300,000, to remain available until September
30, 2014, for aircraft replacement.</text>
</subsection><subsection changed="added" committee-id="SSAP00" id="id8B4A7B8299874BB4905E60FCC0806742" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">The following amounts are rescinded:</text>
<paragraph id="id5FEB48917DBB4A87AF174442FE3068E4"><enum>(1)</enum><text display-inline="yes-display-inline">$7,300,000
from unobligated balances made available for Coast Guard <quote>Acquisition,
Construction, and Improvements</quote> in chapter 5 of title I of division B of
Public Law 110–329.</text>
</paragraph><paragraph id="idAD69501E3DD3449FBFC1CFFDDFD23F2E"><enum>(2)</enum><text display-inline="yes-display-inline">$7,000,000
from unobligated balances made available for <quote>United States Citizenship
and Immigration Services</quote> in chapter 6 of title I of Public Law 111–212.</text>
</paragraph><paragraph id="id00DA0414F48F432782E5524B117BF039"><enum>(3)</enum><text display-inline="yes-display-inline">$4,000,000
from unobligated balances made available for Transportation Security
Administration <quote>Aviation Security</quote> in chapter 5 of title III of
Public Law 110–28.</text>
</paragraph></subsection><subsection changed="added" committee-id="SSAP00" id="id6F9450B4B1A447F1935F7FE7EB4ABB63" reported-display-style="italic"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="id344000D1E7F3448D8E3A6830FD1267A7"><header>(rescissions)</header>
</appropriations-small><section id="id1116AE200A8746E995F978569B66AC3B"><enum>566.</enum><text display-inline="yes-display-inline">Of the funds transferred to the Department
of Homeland Security when it was created in 2003, the following funds are
hereby rescinded from the following accounts and programs in the specified
amounts:</text>
<paragraph id="id9B56F1DA4726461AB31B49F48F8652DA"><enum>(1)</enum><text display-inline="yes-display-inline">$2,577,000
from Coast Guard, <quote>Acquisition, Construction, and
Improvements</quote>.</text>
</paragraph><paragraph id="idC2A163652AF24E17A478DE0C28842A87"><enum>(2)</enum><text display-inline="yes-display-inline">$4,000,000
from U.S. Immigration and Customs Enforcement, <quote>Salaries and
Expenses</quote>.</text>
</paragraph><paragraph id="idBE991A10526349BDBC32B5A7535B4D3E"><enum>(3)</enum><text display-inline="yes-display-inline">$407,000
from <quote>Violent Crime Reduction Programs</quote>.</text>
</paragraph><paragraph id="id64BE968D544C478F8E5C8C257C787261"><enum>(4)</enum><text display-inline="yes-display-inline">$7,101,000
from U.S. Customs and Border Protection, <quote>Salaries and
Expenses</quote>.</text>
</paragraph><paragraph id="id8649FC7B8A5C4FDC97661D7871FB515B"><enum>(5)</enum><text display-inline="yes-display-inline">$3,121,348
from Department of Homeland Security, <quote>Office for Domestic
Preparedness</quote>.</text>
</paragraph><paragraph id="id06447FDA8EDC4AA59B75F6D85D2B5A0A"><enum>(6)</enum><text display-inline="yes-display-inline">$678,213
from Federal Emergency Management Agency, <quote>National Predisaster
Mitigation Fund</quote>.</text>
</paragraph></section><appropriations-small id="idE21651F0A54D4762AD934AFBB8F36AA8"><header>(RESCISSION)</header>
</appropriations-small><section id="id6DABFE86A1FC4A13828DF3B219139B59"><enum>567.</enum><text display-inline="yes-display-inline">Of the unobligated, prior year balances
available for U.S. Immigration and Customs Enforcement, <quote>Salaries and
Expenses</quote>, $7,000,000 are
rescinded.</text>
<appropriations-small id="idCF69B55C4812439A846A5DBC7E1C46FC"><header>(RESCISSION)</header>
</appropriations-small></section><section id="id56965EA665C8460582C864F13A978463"><enum>568.</enum><text display-inline="yes-display-inline">Of the unobligated, prior year balances
available for U.S. Immigration and Customs Enforcement, <quote>Automation
Modernization</quote>, $10,000,000 are
rescinded.</text>
<appropriations-small id="idA37E8E0FD3F84B1C86C78D61594F33A1"><header>(RESCISSION)</header>
</appropriations-small></section><section id="idBB664AF93D724A2CB263F4CC82BE176A"><enum>569.</enum><text display-inline="yes-display-inline">Of the unobligated balances available for
Department of Homeland Security, <quote>Transportation Security
Administration</quote> in <quote>Aviation Security</quote> account 70x0550,
$48,503,000 are rescinded.</text>
<appropriations-small id="idBCE4164ABD544B0D907F8D7DC4C00E70"><header>(RESCISSION)</header>
</appropriations-small></section><section id="idEB8EFA408A844B988EEC6041708FC649"><enum>570.</enum><text display-inline="yes-display-inline">Of the unobligated, prior year balances
available for Science and Technology, <quote>Research, Development,
Acquisition, and Operations</quote>, $20,000,000
are rescinded.</text>
<appropriations-intermediate commented="no" id="idB3B64388F3394BB9861199F4F9760170"><text display-inline="no-display-inline">This
Act may be cited as the <quote><short-title>Department of
Homeland Security Appropriations Act,
2012</short-title></quote>.</text>
</appropriations-intermediate></section>
June 6, 2011
Received; read twice and referred to the
Committee on
Appropriations
September 7, 2011
Reported with an amendment