[Congressional Record Volume 157, Number 144 (Monday, September 26, 2011)]
[Senate]
[Pages S5977-S5987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to the consideration of H.R. 2017, which the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 2017), making appropriations for the
Department of Homeland Security for the fiscal year ending
September 30, 2012, and for other purposes.
Thereupon, the Senate proceeded to consider the bill, which had been
reported from the Committee on Appropriations, with an amendment to
strike all after the enacting clause and insert in lieu thereof the
following:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of Homeland Security for the fiscal year ending September 30,
2012, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
office of the secretary and executive management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $135,433,000: Provided, That not to
exceed $51,000 shall be for official reception and
representation expenses, of which $20,000 shall be made
available to the Office of Policy solely to host Visa Waiver
Program negotiations in Washington, D.C., and for other
international activities: Provided further, That all
official costs associated with the use of government aircraft
by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary
shall be paid from amounts made available for the Immediate
Office of the Secretary and the Immediate Office of the
Deputy Secretary: Provided further, That consistent with the
requirements specified within Presidential Policy Directive-
8, dated March 30, 2011, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives not later than
October 15, 2011, the National Preparedness Goal and not
later than January 15, 2012, the description of the National
Preparedness System: Provided further, That $35,000,000
shall not be available for obligation until the Secretary of
Homeland Security submits to the Committees on Appropriations
of the Senate and the House of Representatives a
comprehensive plan to initiate implementation of a biometric
air exit capability in fiscal year 2012, or a written
certification to the Congress that it is the position of the
administration that the statutory requirement for biometric
air exit be repealed.
office of the under secretary for management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$237,131,000, of which not to exceed $2,500 shall be for
official reception and representation expenses: Provided,
That of the total amount made available under this heading,
$5,000,000 shall remain available until expended solely for
the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and
$14,172,000 shall remain available until expended for the
Human Resources Information Technology program.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $51,000,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $267,972,000; of which
$105,578,000 shall be available for salaries and expenses;
and of which $162,394,000, to remain available until
September 30, 2014, shall be available for development and
acquisition of information technology equipment, software,
services, and related activities for the Department of
Homeland Security: Provided, That the Department of Homeland
Security Chief Information Officer shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted each year under section 1105(a) of title 31, United
States Code, a multi-year investment and management plan for
all information technology acquisition projects funded under
this heading or funded by multiple components of the
Department of Homeland Security through reimbursable
agreements, that includes--
(1) the proposed appropriations included for each project
and activity tied to mission requirements, program management
capabilities, performance levels, and specific capabilities
and services to be delivered;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations,
and new capabilities that are proposed in such budget or
underway;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) a current acquisition program baseline for each
project, that--
(A) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from
the original acquisition program baseline;
(B) aligns the acquisition programs covered by the baseline
to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing
capabilities and stated mission requirements, and explaining
how each increment will address such known capability gaps;
and
(C) defines life-cycle costs for such programs.
[[Page S5978]]
Analysis and Operations
For necessary expenses for intelligence analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$339,368,000; of which not to exceed $4,250 shall be for
official reception and representation expenses; and of which
$136,665,000 shall remain available until September 30, 2013.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $125,000,000, of which not to exceed
$300,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS AND BORDER PROTECTION
salaries and expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and
animal imports, and transportation of unaccompanied minor
aliens; purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,762,103,000; of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $38,250 shall be for official reception and
representation expenses; of which not less than $287,901,000
shall be for Air and Marine Operations; of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),
shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in
connection with preclearance operations; of which not to
exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security: Provided, That for
fiscal year 2012, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act
may be available to compensate any employee of U.S. Customs
and Border Protection for overtime, from whatever source, in
an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies: Provided further, That the Border
Patrol shall maintain an active duty presence of not less
than 21,370 full-time equivalent agents protecting the
borders of the United States throughout the fiscal year.
automation modernization
For expenses for U.S. Customs and Border Protection
automated systems, $334,275,000, to remain available until
September 30, 2014, of which not less than $140,000,000 shall
be for the development of the Automated Commercial
Environment: Provided, That of the total amount made
available under this heading, $50,000,000 may not be
obligated for the Automated Commercial Environment program
until 30 days after the Committees on Appropriations of the
Senate and the House of Representatives receive a report on
the results to date and plans for the program from the
Department of Homeland Security.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure,
and technology, $400,000,000, to remain available until
September 30, 2014: Provided, That of the total amount made
available under this heading, $60,000,000 shall not be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure, prepared by the Commissioner, U.S.
Customs and Border Protection, reviewed by the Government
Accountability Office, and submitted not later than 90 days
after the date of the enactment of this Act, for a program to
establish and maintain a security barrier along the borders
of the United States of fencing and vehicle barriers, where
practicable, and of other forms of tactical infrastructure
and technology.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of
support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the
Department of Homeland Security; and, at the discretion of
the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $506,566,000,
to remain available until September 30, 2014: Provided, That
no aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as
excess to U.S. Customs and Border Protection requirements and
aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or
office outside of the Department of Homeland Security during
fiscal year 2012 without the prior approval of the Committees
on Appropriations of the Senate and the House of
Representatives.
construction and facilities management
For necessary expenses to plan, acquire, construct,
renovate, equip, furnish, operate, manage, and maintain
buildings and facilities necessary for the administration and
enforcement of the laws relating to customs, immigration, and
border security, $239,096,000, to remain available until
September 30, 2016: Provided, That for fiscal year 2012 and
thereafter, the annual budget submission of U.S. Customs and
Border Protection for ``Construction and Facilities
Management'' shall, in consultation with the General Services
Administration, include a detailed 5-year plan for all
Federal land border port of entry projects with a yearly
update of total projected future funding needs delineated by
land port of entry.
U.S. Immigration and Customs Enforcement
salaries and expenses
(including transfer of funds)
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations,
including overseas vetted units operations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; $5,512,856,000; of which not to exceed $10,000,000
shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act
of 1986 (19 U.S.C. 2081); of which not to exceed $12,750
shall be for official reception and representation expenses;
of which not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of
which not less than $305,000 shall be for promotion of public
awareness of the child pornography tipline and anti-child
exploitation activities; of which not less than $5,400,000
shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall
be available to fund or reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the
United States: Provided, That none of the funds made
available under this heading shall be available to compensate
any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or
the designee of the Secretary, may waive that amount as
necessary for national security purposes and in cases of
immigration emergencies: Provided further, That of the total
amount provided, $15,770,000 shall be for activities in
fiscal year 2012 to enforce laws against forced child labor,
of which not to exceed $6,000,000 shall remain available
until expended: Provided further, That of the total amount
available, not less than $1,500,000,000 shall be available to
identify aliens convicted of a crime who may be deportable,
and to remove them from the United States once they are
judged deportable, of which $184,064,000 shall remain
available until September 30, 2013: Provided further, That
the Assistant Secretary of U.S. Immigration and Customs
Enforcement shall report to the Committees on Appropriations
of the Senate and the House of Representatives, not later
than 45 days after the end of each quarter of the fiscal
year, on progress in implementing the preceding proviso and
the funds obligated during that quarter to make that
progress: Provided further, That the Secretary of Homeland
Security shall prioritize the identification and removal of
aliens convicted of a crime by the severity of that crime:
Provided further, That funding made available under this
heading shall maintain a level of not less than 33,400
detention beds through September 30, 2012: Provided further,
That of the total amount provided, not less than
$2,724,125,000 is for detention and removal operations,
including transportation of unaccompanied minor aliens:
Provided further, That of the total amount provided,
$7,300,000 shall remain available until September 30, 2013,
for the Visa Security Program: Provided further, That of the
total amount provided under this heading, up to $5,000,000
may be transferred to United States Visitor and Immigrant
Status Indicator Technology to address the visa overstay
backlog: Provided further, That none of the funds provided
under this heading may be used to continue a delegation of
law enforcement authority authorized under section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been violated: Provided further, That none of
the funds provided under this heading may be used to continue
any contract for the provision of detention services if the
two most recent overall performance evaluations received by
the contracted facility are less than ``adequate'' or the
equivalent median score in any subsequent performance
evaluation system: Provided further, That nothing under this
heading shall prevent U.S. Immigration and Customs
Enforcement from exercising those authorities provided under
immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))
during priority operations pertaining to aliens convicted of
a crime.
automation modernization
For expenses of immigration and customs enforcement
automated systems, $21,710,000, to remain available until
September 30, 2016.
[[Page S5979]]
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$5,293,566,000, to remain available until September 30, 2013,
of which not to exceed $8,500 shall be for official reception
and representation expenses: Provided, That of the total
amount made available under this heading, not to exceed
$4,193,246,000 shall be for screening operations, of which
$555,003,000 shall be available for explosives detection
systems; $214,893,000 shall be for checkpoint support; and
not to exceed $1,100,320,000 shall be for aviation security
direction and enforcement: Provided further, That of the
amount made available in the preceding proviso for explosives
detection systems, $222,738,000 shall be available for the
purchase and installation of these systems: Provided
further, That any award to deploy explosives detection
systems shall be based on risk, the airport's current
reliance on other screening solutions, lobby congestion
resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness:
Provided further, That security service fees authorized under
section 44940 of title 49, United States Code, shall be
credited to this appropriation as offsetting collections and
shall be available only for aviation security: Provided
further, That the sum appropriated under this heading from
the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2012 so as to result in a final fiscal year
appropriation from the general fund estimated at not more
than $2,983,566,000: Provided further, That any security
service fees collected in excess of the amount made available
under this heading shall become available during fiscal year
2013: Provided further, That notwithstanding section 44923
of title 49, United States Code, for fiscal year 2012, any
funds in the Aviation Security Capital Fund established by
section 44923(h) of title 49, United States Code, may be used
for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section
44923(a): Provided further, That Members of the United
States House of Representatives and United States Senate,
including the leadership; the heads of Federal agencies and
commissions, including the Secretary, Deputy Secretary, Under
Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States Attorneys;
and senior members of the Executive Office of the President,
including the Director of the Office of Management and
Budget; shall not be exempt from Federal passenger and
baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $134,748,000, to remain available until
September 30, 2013.
transportation threat assessment and credentialing
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$163,954,000, to remain available until September 30, 2013.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $1,042,066,000, to remain
available until September 30, 2013: Provided, That of the
funds appropriated under this heading, $25,000,000 may not be
obligated for headquarters administration until the Secretary
of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives
detailed expenditure plans for air cargo security, and for
checkpoint support and explosives detection systems
refurbishment, procurement, and installations on an airport-
by-airport basis for fiscal year 2012: Provided further,
That these plans shall be submitted no later than 60 days
after the date of enactment of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals,
$981,115,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of no more than $700,000) and repairs and service-life
replacements, not to exceed a total of $28,000,000; purchases
or lease of boats necessary for overseas deployment
activities; minor shore construction projects not exceeding
$1,000,000 in total cost at any location; payments pursuant
to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $7,078,054,000; of
which $598,000,000 shall be for defense-related activities,
of which $258,000,000 is designated by Congress as being for
overseas contingency operations pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177), as amended; of which
$24,500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which not to exceed $17,000 shall be for official reception
and representation expenses: Provided, That none of the
funds made available by this Act shall be for expenses
incurred for recreational vessels under section 12114 of
title 46, United States Code, except to the extent fees are
collected from owners of yachts and credited to this
appropriation: Provided further, That the Coast Guard shall
comply with the requirements of section 527 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C.
4331 note) with respect to the Coast Guard Academy: Provided
further, That of the funds provided under this heading,
$75,000,000 shall be withheld from obligation for
Headquarters Directorates until:
(1) the fiscal year 2012 second quarter acquisition report;
and
(2) the future-years capital investment plan for fiscal
years 2013-2017, as specified under the heading Coast Guard,
``Acquisition, Construction, and Improvements'' of this Act,
are received by the Committees on Appropriations of the
Senate and the House of Representatives:
Provided further, That funds made available under this
heading for overseas contingency operations may be allocated
by program, project, and activity, notwithstanding section
503 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $16,699,000, to
remain available until expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $134,278,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$1,391,924,000, of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $20,000,000 shall remain
available until September 16, 2016, for military family
housing, of which not more than $14,000,000 shall be derived
from the Coast Guard Housing Fund, established pursuant to 14
U.S.C. 687; of which $642,000,000 shall be available until
September 30, 2016, to acquire, effect major repairs,
renovate, or improve vessels, small boats, and related
equipment; of which $264,900,000 shall be available until
September 30, 2016, to acquire, effect major repairs,
renovate, or improve aircraft or increase aviation
capability; of which $161,140,000 shall be available until
September 30, 2016, for other equipment; of which
$193,692,000 shall be available until September 30, 2016, for
shore facilities and aids to navigation, including waterfront
facilities at Navy installations used by the Coast Guard; of
which $110,192,000 shall be available for personnel
compensation and benefits and related costs: Provided, That
the funds provided by this Act shall be immediately available
and allotted to contract for long lead time materials,
components, and designs for the sixth National Security
Cutter notwithstanding the availability of funds for
production costs or post-production costs: Provided further,
That the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted each year under section 1105(a) of title 31, United
States Code, a future-years capital investment plan for the
Coast Guard that identifies for each requested capital
asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each asset,
subdivided by fiscal year and including a detailed
description of the purpose of the proposed funding levels for
each fiscal year, including for each fiscal year funds
requested for design, pre-acquisition activities, production,
structural modifications, missionization, post-delivery, and
transition to operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year; and
(ii) major acquisition and project events, including
development of operational requirements, contracting actions,
design reviews, production, delivery, test and evaluation,
and transition to operations, including necessary training,
shore infrastructure, and logistics;
(C) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from
the original acquisition program baseline and the most recent
baseline approved by the Department of Homeland Security's
Acquisition Review Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of comparable
legacy assets, identifying
[[Page S5980]]
known capability gaps between such existing capabilities and
stated mission requirements, and explaining how the
acquisition of each asset will address such known capability
gaps;
(E) defines life-cycle costs for each asset and the date of
the estimate on which such costs are based, including all
associated costs of major acquisitions systems infrastructure
and transition to operations, delineated by purpose and
fiscal year for the projected service life of the asset;
(F) includes the earned value management system summary
schedule performance index and cost performance index for
each asset, if applicable; and
(G) includes a phase-out and decommissioning schedule
delineated by fiscal year for each existing legacy asset that
each asset is intended to replace or recapitalize:
Provided further, That the Secretary of Homeland Security
shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent
practicable, with proposed appropriations necessary to
support the programs, projects, and activities of the Coast
Guard in the President's budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal
year: Provided further, That any inconsistencies between the
capital investment plan and proposed appropriations shall be
identified and justified: Provided further, That subsections
(a) and (b) of section 6402 of Public Law 110-28 shall apply
with respect to the amounts made available under this
heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $27,779,000, to remain
available until September 30, 2016, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may
be credited to and used for the purposes of this
appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries for expenses incurred for research,
development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts and combat-related
special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and
their dependents under chapter 55 of title 10, United States
Code, $1,440,157,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including: purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates
as may be determined by the Director of the Secret Service;
rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees where a
protective assignment during the actual day or days of the
visit of a protectee requires an employee to work 16 hours
per day or to remain overnight at a post of duty; conduct of
and participation in firearms matches; presentation of
awards; travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained
in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and
development; grants to conduct behavioral research in support
of protective research and operations; and payment in advance
for commercial accommodations as may be necessary to perform
protective functions; $1,670,237,000; of which not to exceed
$21,250 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide
technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of
which $6,000,000 shall be for a grant for activities related
to the investigations of missing and exploited children and
shall remain available until September 30, 2013: Provided,
That up to $18,000,000 for protective travel shall remain
available until September 30, 2013: Provided further, That
up to $19,307,000 for National Special Security Events shall
remain available until expended: Provided further, That the
United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from Federal agencies and
entities, as defined in section 105 of title 5, United States
Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year:
Provided further, That none of the funds made available under
this heading shall be available to compensate any employee
for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of
the Secretary, may waive that amount as necessary for
national security purposes: Provided further, That none of
the funds made available to the United States Secret Service
by this Act or by previous appropriations Acts may be made
available for the protection of the head of a Federal agency
other than the Secretary of Homeland Security: Provided
further, That the Director of the United States Secret
Service may enter into an agreement to perform such service
on a fully reimbursable basis: Provided further, That of the
total amount made available under this heading, $43,843,000,
to remain available until September 30, 2014, is for
information integration and technology transformation:
Provided further, That $20,000,000 made available in the
preceding proviso shall not be obligated to purchase or
install information technology equipment until the Chief
Information Officer of the Department of Homeland Security
submits a report to the Committees on Appropriations of the
Senate and the House of Representatives certifying that all
plans for integration and transformation are consistent with
Department of Homeland Security data center migration and
enterprise architecture requirements: Provided further, That
none of the funds made available to the United States Secret
Service by this Act or by previous appropriations Acts may be
obligated for the purpose of opening a new permanent domestic
or overseas office or location unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such obligation.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities,
$5,380,000, to remain available until September 30, 2016.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and Administration
For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs
Directorate, support for operations, information technology,
and the Office of Risk Management and Analysis, $37,875,000:
Provided, That not to exceed $4,250 shall be for official
reception and representation expenses: Provided further,
That $9,000,000 shall not be available for obligation until
the Secretary of Homeland Security submits to the Committees
on Appropriations of the Senate and the House of
Representatives a comprehensive plan to initiate
implementation of a biometric air exit capability in fiscal
year 2012, or a written certification to the Congress that it
is the position of the administration that the statutory
requirements for biometric air exit be repealed.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized
by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $918,283,000, of which $773,473,000 shall
remain available until September 30, 2013.
Federal Protective Service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives
no later than December 31, 2011, that the operations of the
Federal Protective Service will be fully funded in fiscal
year 2012 through revenues and collection of security fees,
and shall adjust the fees to ensure fee collections are
sufficient to ensure that the Federal Protective Service
maintains not fewer than 1,371 full-time equivalent staff and
1,007 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are
directly engaged on a daily basis protecting and enforcing
laws at Federal buildings (referred to as ``in-service field
staff''): Provided further, That the Director of the Federal
Protective Service shall include with the submission of the
President's fiscal year 2013 budget a strategic human capital
plan that aligns fee collections to personnel requirements
based on a current threat assessment.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
program, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a), $297,402,000, to remain available until
September 30, 2014: Provided, That of the total amount made
available under this heading, $75,000,000 may not be
obligated for the United States Visitor and Immigrant Status
Indicator Technology project until the Committees on
Appropriations of the Senate and the House of Representatives
receive a plan for expenditure, prepared by the Secretary of
Homeland Security, not later than 90 days after the date of
enactment of this Act, that meets the statutory conditions
specified under this heading in Public Law 110-329: Provided
further, That not less than $18,000,000 of unobligated
balances of prior year appropriations shall remain available
and be obligated solely for implementation of a biometric air
exit capability.
[[Page S5981]]
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$159,450,000; of which $29,171,000 is for salaries and
expenses and $90,164,000 is for BioWatch operations:
Provided, That $40,115,000 shall remain available until
September 30, 2013, for biosurveillance, BioWatch Generation
3, chemical defense, medical and health planning and
coordination, and workforce health protection: Provided
further, That not to exceed $2,500 shall be for official
reception and representation expenses.
Federal Emergency Management Agency
operating expenses
For necessary expenses for management and administration of
the Federal Emergency Management Agency, $904,550,000,
including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance Act of
2000 (division C, title I, 114 Stat. 583), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), and the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That
not to exceed $2,500 shall be for official reception and
representation expenses: Provided further, That the
Administrator of the Federal Emergency Management Agency is
authorized to reprogram funds made available under this
heading between programs, projects, and activities, subject
to the limitations in section 503, by notifying the
Committees on Appropriations of the Senate and the House of
Representatives 15 days in advance of such reprogramming, but
without prior written approval from such Committees:
Provided further, That the authority in the preceding proviso
shall expire on September 30, 2012: Provided further, That
the President's budget submitted under section 1105(a) of
title 31, United States Code, shall be detailed by office for
the Federal Emergency Management Agency: Provided further,
That of the total amount made available under this heading,
not to exceed $12,000,000 shall remain available until
September 30, 2013, for capital improvements at the Mount
Weather Emergency Operations Center: Provided further, That
of the total amount made available under this heading,
$41,250,000 shall be for the Urban Search and Rescue Response
System, of which not to exceed $1,600,000 may be made
available for administrative costs; and $6,981,000 shall be
for the Office of National Capital Region Coordination:
Provided further, That $1,400,000 of the funds available for
the Office of the Administrator shall not be available for
obligation until the Administrator submits to the Committees
on Appropriations of the Senate and the House of
Representatives the National Preparedness Report required by
Public Law 109-295 and a comprehensive plan to implement a
system to measure the effectiveness of grants to State and
local communities in fiscal year 2012: Provided further,
That for purposes of planning, coordination, execution, and
decisionmaking related to mass evacuation during a disaster,
the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be
incorporated into efforts to integrate the activities of
Federal, State, and local governments in the National Capital
Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $1,476,681,000 shall be allocated as follows:
(1) $430,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That of the amount
provided by this paragraph, $50,000,000 shall be for
Operation Stonegarden: Provided further, That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2012, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $400,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which, notwithstanding subsection
(c)(1) of such section, $10,000,000 shall be for grants to
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary of Homeland
Security to be at high risk of a terrorist attack.
(3) $200,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under sections 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135,
1163, and 1182), of which not less than $20,000,000 shall be
for Amtrak security: Provided, That such public
transportation security assistance shall be provided directly
to public transportation agencies.
(4) $200,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $15,000,000 shall be for grants for Emergency
Operations Centers under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c) to remain available until expended.
(6) $231,681,000 shall be for training, exercises,
technical assistance, and other programs, of which
$155,500,000 shall be for training of State, local, and
tribal emergency response providers:
Provided, That 5.8 percent of the amounts provided under
this heading shall be transferred to the Federal Emergency
Management Agency ``Operating Expenses'' account for program
administration, and an expenditure plan for program
administration shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives
within 60 days after the date of enactment of this Act:
Provided further, That notwithstanding section 2008(a)(11) of
the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or
any other provision of law, a grantee may use not more than 5
percent of the amount of a grant made available under this
heading for expenses directly related to administration of
the grant: Provided further, That for grants under
paragraphs (1) through (5), the applications for grants shall
be made available to eligible applicants not later than 25
days after the date of enactment of this Act, that eligible
applicants shall submit applications not later than 90 days
after the grant announcement, and that the Administrator of
the Federal Emergency Management Agency shall act within 90
days after receipt of an application: Provided further, That
for grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a
building or other physical facility: Provided further, That
grantees shall provide reports on their use of funds, as
determined necessary by the Secretary of Homeland Security:
Provided further, That in fiscal year 2012 and thereafter:
(a) the Center for Domestic Preparedness may provide training
to emergency response providers from the Federal Government,
foreign governments, or private entities, if the Center for
Domestic Preparedness is reimbursed for the cost of such
training, and any reimbursement under this subsection shall
be credited to the account from which the expenditure being
reimbursed was made and shall be available, without fiscal
year limitation, for the purposes for which amounts in the
account may be expended; (b) the head of the Center for
Domestic Preparedness shall ensure that any training provided
under (a) does not interfere with the primary mission of the
Center to train state and local emergency response providers;
and (c) subject to (b), nothing in (a) prohibits the Center
for Domestic Preparedness from providing training to
employees of the Federal Emergency Management Agency for the
professional development of such employees pursuant to 5
U.S.C. 4103 without reimbursement for the cost of such
training.
firefighter assistance grants
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.), $750,000,000, to remain available until
September 30, 2013, of which $375,000,000 shall be available
to carry out section 33 of that Act (15 U.S.C. 2229) and
$375,000,000 shall be available to carry out section 34 of
that Act (15 U.S.C. 2229a): Provided, That not to exceed 5
percent of the amount available under this heading shall be
available for program administration.
emergency management performance grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), $350,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total
amount appropriated under this heading.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2012, as
authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall
not be less than 100 percent of the amounts anticipated by
the Department of Homeland Security necessary for its
radiological emergency preparedness program for the next
fiscal year: Provided, That the methodology for assessment
and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That fees received under this heading shall be
deposited in this account as offsetting collections and will
become available for authorized purposes on October 1, 2012,
and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), $45,038,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,800,000,000, to remain available
until expended, of which $16,000,000 shall be transferred to
the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters,
subject to section 503 of this Act: Provided, That the
Administrator of the Federal Emergency Management Agency
shall submit quarterly reports to the Committees on
Appropriations of the Senate and the House of Representatives
providing estimates of funding requirements for the
``Disaster Relief Fund'' for the current fiscal year and the
succeeding three fiscal years: Provided further, That the
report shall provide: (a) an estimate, by quarter, for the
costs of all previously designated disasters; (b) an
estimate, by quarter, for the cost of future disasters based
on a 10-year average, excluding catastrophic disasters; (c)
an estimate,
[[Page S5982]]
by quarter, for the costs of catastrophic disasters excluded
from the 10-year average subdivided by disaster and the
amount already obligated, and the remaining estimated costs;
and (d) an estimate of the date on which the ``Disaster
Relief Fund'' balance will reach $800,000,000: Provided
further, That the Federal Emergency Management Agency shall
submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives
detailing the use of the funds for disaster readiness and
support within 60 days after the date of enactment of this
Act: Provided further, That the Federal Emergency Management
Agency shall submit to such Committees a quarterly report
detailing obligations against the expenditure plan and a
justification for any changes from the initial plan:
Provided further, That the Federal Emergency Management
Agency shall submit the monthly ``Disaster Relief Fund''
report, as specified in Public Law 110-161, to the Committees
on Appropriations of the Senate and the House of
Representatives, and include the amounts provided to each
Federal agency for mission assignments: Provided further,
That for any request for reimbursement from a Federal agency
to the Department of Homeland Security to cover expenditures
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), or any mission
assignment orders issued by the Department of Homeland
Security for such purposes, the Secretary of Homeland
Security shall take appropriate steps to ensure that each
agency is periodically reminded of Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
For an additional amount for the ``Disaster Relief Fund''
for expenses resulting from a major disaster designation
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)), $4,200,000,000,
to remain available until expended: Provided, That such
amount is designated by Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177), as
amended.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5162), $295,000 is for the cost of direct loans: Provided,
That gross obligations for the principal amount of direct
loans shall not exceed $25,000,000: Provided further, That
the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a).
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs,
under section 1360 of the National Flood Insurance Act of
1968 (42 U.S.C. 4101), $92,712,000, and such additional sums
as may be provided by State and local governments or other
political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)),
to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.),
$171,000,000, which shall be derived from offsetting
collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d));
of which not to exceed $22,000,000 shall be available for
salaries and expenses associated with flood mitigation and
flood insurance operations; and not less than $149,000,000
shall be available for flood plain management and flood
mapping, which shall remain available until September 30,
2013: Provided, That any additional fees collected pursuant
to section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain
management and flood mapping: Provided further, That in
fiscal year 2012, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act
(42 U.S.C. 4017) in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,007,571,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $60,000,000, which shall remain available until
expended for flood mitigation actions; of which not less than
$10,000,000 is for severe repetitive loss properties under
section 1361A of the National Flood Insurance Act of 1968 (42
U.S.C. 4102a); of which $10,000,000 shall be for repetitive
insurance claims properties under section 1323 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4030); and of
which $40,000,000 shall be for flood mitigation assistance
under section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c), notwithstanding subparagraphs (B) and
(C) of subsection (b)(3) and subsection (f) of section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c)
and notwithstanding subsection (a)(7) of section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(i) of the National Flood Insurance
Act of 1968 shall be deposited in the National Flood
Insurance Fund to supplement other amounts specified as
available for section 1366 of the National Insurance Act of
1968, notwithstanding subsection (f)(8) of such section 102
(42 U.S.C. 4012a(f)(8) and subsection 1366(i) and paragraphs
(2) and (3) of section 1367(b) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)-(3)):
Provided further, That total administrative costs shall not
exceed 4 percent of the total appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), including administrative
costs, $42,500,000, to remain available until expended:
Provided, That the total administrative costs associated with
such grants shall not exceed $3,000,000 of the total amount
made available under this heading.
emergency food and shelter
To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to
remain available until expended: Provided, That total
administrative costs shall not exceed 3.5 percent of the
total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $120,924,000, of which $102,424,000 is for
immigration verification programs, including the E-Verify
Program, as authorized by section 402 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That
notwithstanding any other provision of law, funds available
to United States Citizenship and Immigration Services may be
used to acquire, operate, equip, and dispose of up to five
vehicles, for replacement only, for areas where the
Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United
States Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and
places of employment: Provided further, That none of the
funds made available in this Act for grants for immigrant
integration may be used to provide services to aliens who
have not been lawfully admitted for permanent residence.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not
to exceed 117 vehicles for police-type use and hire of
passenger motor vehicles; expenses for student athletic and
related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness
and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $238,957,000; of
which up to $48,978,000 shall remain available until
September 30, 2013, for materials and support costs of
Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to
Federal law enforcement agencies for expenses incurred
participating in training accreditation; and of which not to
exceed $10,200 shall be for official reception and
representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by
the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further,
That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended by Public Law 111-83 (123 Stat. 2166), is
further amended by striking ``December 31, 2012'' and
inserting ``December 31, 2014'': Provided further, That the
Director of the Federal Law Enforcement Training Center shall
schedule basic or advanced law enforcement training, or both,
at all four training facilities under the control of the
Federal Law Enforcement Training Center to ensure that such
training facilities are operated at the highest capacity
throughout the fiscal year: Provided further, That the
Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in
law enforcement training, shall lead the Federal law
enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $33,456,000, to remain available
until expended: Provided, That the Center is authorized to
accept reimbursement to this appropriation from government
agencies requesting the construction of special use
facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
[[Page S5983]]
et seq.), $143,000,000: Provided, That not to exceed $8,500
shall be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.); and the purchase or lease of not to exceed five
vehicles, $657,000,000; of which $638,800,000 shall remain
available until September 30, 2014, of which not less than
$36,563,000 shall be for university programs; and of which
$18,200,000, shall remain available until September 30, 2016,
for infrastructure upgrades at the Transportation Security
Laboratory.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 591 et seq.), for management and
administration of programs and activities, $37,000,000:
Provided, That not to exceed $2,500 shall be for official
reception and representation expenses: Provided further,
That not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives a strategic plan of investments necessary
to implement the Department of Homeland Security's
responsibilities under the domestic component of the global
nuclear detection architecture that shall:
(1) define each Departmental entity's roles and
responsibilities in support of the domestic detection
architecture, including any existing or planned programs to
pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments being
made by Departmental organizations in fiscal year 2012, and
planned for fiscal year 2013, to support the domestic
architecture and the security of sea, land, and air pathways
into the United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and
timeframes, and estimates of feasibility and cost
effectiveness; and
(4) explain how the Department's research and development
funding is furthering the implementation of the domestic
nuclear detection architecture, including specific
investments planned for each of fiscal years 2012 and 2013.
research, development, and operations
For necessary expenses for radiological and nuclear
detection related development, testing, evaluation, and
operations, $191,000,000, to remain available until September
30, 2014.
Systems Acquisition
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$40,000,000, to remain available until September 30, 2014:
Provided, That none of the funds appropriated under this
heading in this Act or any other Act shall be obligated for
full-scale procurement of Advanced Spectroscopic Portal
monitors until the Secretary of Homeland Security submits to
the Committees on Appropriations of the Senate and the House
of Representatives a report certifying that a significant
increase in operational effectiveness will be achieved by
such obligation: Provided further, That the Secretary of
Homeland Security shall submit separate and distinct
certifications prior to the procurement of Advanced
Spectroscopic Portal monitors for primary and secondary
deployment that address the unique requirements for
operational effectiveness of each type of deployment:
Provided further, That the Secretary shall continue to
consult with the National Academy of Sciences before making
such certifications: Provided further, That none of the
funds appropriated under this heading shall be used for high-
risk concurrent development and production of mutually
dependent software and hardware.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2012, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate
or the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which
funding levels were requested for Federal full-time
equivalents in the object classification tables contained in
the fiscal year 2012 Budget Appendix for the Department of
Homeland Security, as modified by the joint explanatory
statement accompanying this Act, unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of
funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2012, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or reduces the numbers of personnel by
10 percent as approved by the Congress; or
(3) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless
the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances that imminently threaten the safety of human
life or the protection of property.
(e) The notification thresholds and procedures set forth in
this section shall apply to any use of deobligated balances
of funds provided in previous Department of Homeland Security
Appropriations Acts.
Sec. 504. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
as a permanent working capital fund for fiscal year 2012:
Provided, That none of the funds appropriated or otherwise
made available to the Department of Homeland Security may be
used to make payments to the Working Capital Fund, except for
the activities and amounts allowed in the President's fiscal
year 2012 budget: Provided further, That funds provided to
the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working
Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each
Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for
purposes consistent with the contributing component:
Provided further, That the Working Capital Fund shall be paid
in advance or reimbursed at rates which will return the full
cost of each service: Provided further, That the Working
Capital Fund shall be subject to the requirements of section
503 of this Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2012 from
appropriations for salaries and expenses for fiscal year 2012
in this Act shall remain available through September 30,
2013, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the
obligation of such funds, a request shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503
of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2012 until the enactment of an Act authorizing
intelligence activities for fiscal year 2012.
Sec. 507. None of the funds made available by this Act may
be used to make a grant allocation, grant award, contract
award, Other Transaction Agreement, a task or delivery order
on a Department of Homeland Security multiple award contract,
or to issue a letter of intent totaling in excess of
$1,000,000, or to announce publicly the intention to make
such an award, including a contract covered by the Federal
Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full
business days in advance of making such an award or issuing
such a letter: Provided, That if the Secretary of Homeland
Security determines that compliance with this section would
pose a substantial risk to human life, health, or safety, an
award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified not later than 5 full business days after
such an
[[Page S5984]]
award is made or letter issued: Provided further, That no
notification shall involve funds that are not available for
obligation: Provided further, That the notification shall
include the amount of the award, the fiscal year for which
the funds for the award were appropriated, and the account
from which the funds are being drawn: Provided further, That
the Federal Emergency Management Agency shall brief the
Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and
Local Programs''.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, 528, and 530, of the
Department of Homeland Security Appropriations Act, 2008
(division E of Public Law 110-161; 121 Stat. 2073 and 2074)
shall apply with respect to funds made available in this Act
in the same manner as such sections applied to funds made
available in that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act (41 U.S.C. 10a et seq.).
Sec. 512. None of the funds made available in this Act may
be used by any person other than the Privacy Officer
appointed under subsection (a) of section 222 of the Homeland
Security Act of 2002 (6 U.S.C. 142(a)) to alter, direct that
changes be made to, delay, or prohibit the transmission to
Congress of any report prepared under paragraph (6) of such
subsection.
Sec. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. For fiscal year 2012 and thereafter, none of the
funds appropriated by this Act may be used to process or
approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by
employees (including employees serving on a temporary or term
basis) of United States Citizenship and Immigration Services
of the Department of Homeland Security who are known as of
that date as Immigration Information Officers, Contact
Representatives, or Investigative Assistants.
Sec. 515. Within 45 days after the end of each month, the
Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget
and staffing report for that month that includes total
obligations, on-board versus funded full-time equivalent
staffing levels, and the number of contract employees for
each office of the Department.
Sec. 516. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support''
for fiscal years 2004 and 2005 that are recovered or
deobligated shall be available only for the procurement or
installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to
notification: Provided, That quarterly reports shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives on any funds that are
recovered or deobligated.
Sec. 517. Any funds appropriated to Coast Guard
``Acquisition, Construction, and Improvements'' for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot
patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the Fast
Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2011'' and inserting ``2012
and thereafter''.
Sec. 519. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 520. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the Office
of the Secretary and Executive Management, the Office of the
Under Secretary for Management, or the Office of the Chief
Financial Officer, may be obligated for a grant or contract
funded under such headings by any means other than full and
open competition.
(b) Subsection (a) does not apply to obligation of funds
for a contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that
is authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46
et seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the
award of a contract in the interest of national security or
if failure to do so would pose a substantial risk to human
health or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
applicable contract and an explanation of why the waiver
authority was used. The Secretary may not delegate the
authority to grant such a waiver.
(d) In addition to the requirements established by
subsections (a), (b), and (c) of this section, the Inspector
General of the Department of Homeland Security shall review
departmental contracts awarded through means other than a
full and open competition to assess departmental compliance
with applicable laws and regulations: Provided, That the
Inspector General shall review selected contracts awarded in
the previous fiscal year through means other than a full and
open competition: Provided further, That in selecting which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor performance,
and such other factors as the Inspector General deems
relevant: Provided further, That the Inspector General shall
report the results of the reviews to the Committees on
Appropriations of the Senate and the House of Representatives
no later than February 6, 2012.
Sec. 521. None of the funds made available in this or any
other Act for fiscal years 2012 and thereafter, may be used
to enforce section 4025(1) of Public Law 108-458 unless the
Assistant Secretary of Homeland Security (Transportation
Security Administration) reverses the determination of July
19, 2007, that butane lighters are not a significant threat
to civil aviation security.
Sec. 522. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date
of the enactment of this Act.
Sec. 523. None of the funds provided in this Act shall be
available to carry out section 872 of the Homeland Security
Act of 2002 (6 U.S.C. 452).
Sec. 524. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the granting of the benefit have been received by United
States Citizenship and Immigration Services, and the results
do not preclude the granting of the benefit.
Sec. 525. None of the funds made available in this Act may
be used to destroy or put out to pasture any horse or other
equine belonging to the Federal Government that has become
unfit for service, unless the trainer or handler is first
given the option to take possession of the equine through an
adoption program that has safeguards against slaughter and
inhumane treatment.
Sec. 526. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall
hereafter be used to approve a waiver of the navigation and
vessel-inspection laws pursuant to 46 U.S.C. 501 for the
transportation of crude oil distributed from the Strategic
Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of
Energy and Transportation and representatives from the United
States flag maritime industry, takes adequate measures to
ensure the use of United States flag vessels: Provided, That
the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and
the Committee on Transportation and Infrastructure of the
House of Representatives within 48 hours of any request for
waivers of navigation and vessel-inspection laws pursuant to
46 U.S.C. 501.
Sec. 527. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 528. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 529. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2011,'' and inserting ``Until September 30, 2012,'';
(2) by striking subsection (b);
(3) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively; and
(4) in subsection (c)(1) (as redesignated by paragraph (3)
of this section), by striking ``September 30, 2011,'' and
inserting ``September 30, 2012,''.
Sec. 530. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award
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fees link such fees to successful acquisition outcomes (which
outcomes shall be specified in terms of cost, schedule, and
performance).
Sec. 531. None of the funds made available to the Office
of the Secretary and Executive Management under this Act may
be expended for any new hires by the Department of Homeland
Security that are not verified through the E-Verify Program
under section 401 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 532. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 533. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9703.1 (g)(4)(B) of title 31, United
States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security: Provided, That
none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives approve the proposed
transfers.
Sec. 534. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 535. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date that the President determines whether to declare a
major disaster because of an event and any appeal is
completed, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committees on Appropriations of the Senate and the House of
Representatives, and publish on the website of the Federal
Emergency Management Agency, a report regarding that
decision, which shall summarize damage assessment information
used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 536. (a) Notwithstanding any other provision of law,
if the Secretary of Homeland Security determines that the
National Bio- and Agro-defense Facility should be located at
a site other than Plum Island, New York, the Secretary shall
ensure that the Administrator of General Services sells
through public sale all real and related personal property
and transportation assets which support Plum Island
operations, subject to such terms and conditions as may be
necessary to protect Government interests and meet program
requirements.
(b) The proceeds of such sale described in subsection (a)
shall be deposited as offsetting collections into the
Department of Homeland Security Science and Technology
``Research, Development, Acquisition, and Operations''
account and, subject to appropriation, shall be available
until expended, for site acquisition, construction, and costs
related to the construction of the National Bio- and Agro-
defense Facility, including the costs associated with the
sale, including due diligence requirements, necessary
environmental remediation at Plum Island, and reimbursement
of expenses incurred by the General Services Administration.
Sec. 537. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the Senate and the House of Representatives may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 538. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6
U.S.C. 121 note), as amended by section 550 of the Department
of Homeland Security Appropriations Act, 2010 (Public Law
111-83), is further amended by striking ``on October 4,
2011'' and inserting ``on October 4, 2012''.
Sec. 539. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 540. For fiscal year 2012 and thereafter, for
purposes of section 210C of the Homeland Security Act of 2002
(6 U.S.C. 124j), a rural area shall also include any area
that is located in a metropolitan statistical area and a
county, borough, parish, or area under the jurisdiction of an
Indian tribe with a population of not more than 50,000.
Sec. 541. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301.10-124 of title 41, Code of Federal Regulations.
Sec. 542. None of the funds made available in this Act may
be used to propose or effect a disciplinary or adverse
action, with respect to any Department of Homeland Security
employee who engages regularly with the public in the
performance of his or her official duties solely because that
employee elects to utilize protective equipment or measures,
including but not limited to surgical masks, N95 respirators,
gloves, or hand-sanitizers, where use of such equipment or
measures is in accord with Department of Homeland Security
policy, and Centers for Disease Control and Prevention and
Office of Personnel Management guidance.
Sec. 543. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 544. (a) Section 1647(b) of Public Law 112-10 is
amended by striking ``provided in this division'' and
inserting ``made available in this or any other Act''.
(b) The amendment made by subsection (a) shall apply to the
fiscal year ending September 30, 2012.
Sec. 545. For an additional amount for necessary expenses
for reimbursement of the actual costs to State and local
governments for providing emergency management, public
safety, and security at events, as determined by the
Administrator of the Federal Emergency Management Agency,
related to the presence of a National Special Security Event,
$10,000,000, to remain available until September 30, 2013.
Sec. 546. Notwithstanding the 10 percent limitation
contained in section 503(c) of this Act, the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 5
days in advance of such transfer.
Sec. 547. The administrative law judge annuitants
participating in the Senior Administrative Law Judge Program
managed by the Director of the Office of Personnel Management
under section 3323 of title 5, United States Code, shall be
available on a temporary re-employment basis to conduct
arbitrations of disputes as part of the arbitration panel
established by the President under section 601 of division A
of the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5; 123 Stat. 164).
Sec. 548. (a) Any company that collects or retains personal
information directly from any individual who participates in
the Registered Traveler program of the Transportation
Security Administration shall safeguard and dispose of such
information in accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled
``Recommended Security Controls for Federal Information
Systems and Organizations,''; and
(3) any supplemental standards established by the Assistant
Secretary of Homeland Security, (Transportation Security
Administration) (referred to in this section as the
``Assistant Secretary'').
(b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program
shall be known as the Sponsoring Entity.
(c) The Assistant Secretary shall require any company
covered by subsection (a) to provide, not later than 30 days
after the date of the enactment of this Act, to the
Sponsoring Entity written certification that the procedures
used by the company to safeguard and dispose of information
are in compliance with the requirements under subsection (a).
Such certification shall include a description of the
procedures used by the company to comply with such
requirements.
Sec. 549. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 550. (a) Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, a report that either--
(1) certifies that the requirement for screening all air
cargo on passenger aircraft by the deadline under section
44901(g) of title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code,
including--
(A) a plan to meet the requirement under section 44901(g)
of title 49, United States Code, to screen 100 percent of air
cargo transported on passenger aircraft arriving in the
United States in foreign air transportation (as that term is
defined in section 40102 of that title); and
(B) specification of--
(i) the percentage of such air cargo that is being
screened; and
(ii) the schedule for achieving screening of 100 percent of
such air cargo.
[[Page S5986]]
(b) The Assistant Secretary shall continue to submit
reports described in subsection (a)(2) every 180 days
thereafter until the Assistant Secretary certifies that the
Transportation Security Administration has achieved screening
of 100 percent of such air cargo.
Sec. 551. In developing any process to screen aviation
passengers and crews for transportation or national security
purposes, the Secretary of Homeland Security shall ensure
that any processes developed take into consideration such
passengers' and crews' privacy and civil liberties consistent
with applicable laws, regulations, and guidance.
Sec. 552. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any federal contract unless
such contract is entered into in accordance with the
requirements of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of title
10, United States Code, and the Federal Acquisition
Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above
referenced statutes.
Sec. 553. (a) Funds made available by this Act solely for
data center migration may be transferred by the Secretary of
Homeland Security between appropriations for the same
purpose, notwithstanding section 503 of this Act.
(b) No transfer described in (a) shall occur until 15 days
after the Committees on Appropriations of the Senate and the
House and Representatives are notified of such transfer.
(c) In addition to amounts made available in this Act for
data center migration, $15,000,000, is available to the
Secretary of Homeland Security for data center migration
activities.
Sec. 554. For fiscal year 2012 and thereafter, U.S.
Customs and Border Protection's Advanced Training Center is
authorized to charge fees for any service and/or thing of
value it provides to Federal Government or non-government
entities or individuals, so long as the fees charged do not
exceed the full costs associated with the service or thing of
value provided: Provided, That notwithstanding 31 U.S.C.
3302(b), fees collected by the Advanced Training Center are
to be deposited into a separate account entitled ``Advanced
Training Center Revolving Fund'', and be available, without
further appropriations, for necessary expenses of the
Advanced Training Center program, and are to remain available
until expended.
Sec. 555. Section 559(e) of Public Law 111-83 is amended--
(a) in the matter preceding the first proviso, by striking
``law, sell'' and inserting ``law, hereafter sell''; and
(b) in the first proviso--
(1) by striking ``shall be deposited'' and inserting
``shall hereafter be deposited''; and
(2) by striking ``subject to appropriation,'' and inserting
``without further appropriations,''.
Sec. 556. Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that
specific U.S. Immigration and Customs Enforcement Service
Processing Centers or other U.S. Immigration and Customs
Enforcement owned detention facilities no longer meet the
mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention
facilities by directing the Administrator of General Services
to sell all real and related personal property which support
Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities, subject to
such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the
proceeds, net of the costs of sale incurred by the General
Services Administration and U.S. Immigration and Customs
Enforcement, shall be deposited as offsetting collections
into a separate account that shall be available, subject to
appropriation, until expended for other real property capital
asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and
maintenance costs, as the Secretary deems appropriate:
Provided further, That any sale or collocation of federally
owned detention facilities shall not result in the
maintenance of fewer than 33,400 detention beds: Provided
further, That the Committees on Appropriations of the Senate
and the House of Representatives shall be notified 15 days
prior to the announcement of any proposed sale or
collocation.
Sec. 557. For an additional amount for the ``Office of the
Under Secretary for Management'', $55,979,000, to remain
available until expended, for necessary expenses to plan,
acquire, construct, renovate, remediate, equip, furnish, and
occupy buildings and facilities for the consolidation of
department headquarters at St. Elizabeths and associated
mission support consolidation: Provided, That the Committees
on Appropriations of the Senate and House of Representatives
shall receive an expenditure plan no later than 60 days after
the date of enactment of this Act detailing the allocation of
these funds.
Sec. 558. Notwithstanding section 44940(c) of title 49,
United States Code, the limitation on fees imposed under
subsection (a)(1) of such section 44940 may not exceed $4.00
per enplanement in air transportation or intrastate air
transportation that originates at an airport in the United
States, except that the total amount of such fees may not
exceed $8 per one-way trip.
Sec. 559. None of the funds made available by this Act may
be used to enforce the requirements in--
(1) section 34(a)(1)(A) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));
(2) section 34(a)(1)(B) of such Act;
(3) section 34(c)(1) of such Act;
(4) section 34(c)(2) of such Act;
(5) section 34(c)(4)(A) of such Act; and
(6) section 34(a)(1)(E) of such Act.
Sec. 560. For fiscal year 2012 and thereafter,
notwithstanding section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the
event that a spill of national significance occurs, any
payment of amounts from the Oil Spill Liability Trust Fund
pursuant to section 1012(a)(1) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred by
the Coast Guard for such spill, shall be credited directly to
the accounts of the Coast Guard that bore the expense or
current at the time: Provided, That such amounts shall be
merged with and, without further appropriations, made
available for the same time period and the same purpose as
the appropriation to which it is credited.
Sec. 561. (a) Civil Penalties.--Section 46301(a)(5)(A)(i)
of title 49, United States Code, is amended--
(1) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(2) by inserting ``, or section 46314(a)'' after
``44909)''.
(b) Criminal Penalties.--Section 46314(b) of title 49,
United States Code, is amended to read as follows:
``(b) Criminal Penalty.--A person violating subsection (a)
of this section shall be fined under title 18, imprisoned for
not more than 10 years, or both.''.
(c) Notice of Penalties.--Section 46314 of title 49, United
States Code, is amended by adding at the end the following
new subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in the
United States that is required to establish an air
transportation security program pursuant to section 44903(c)
shall ensure that signs that meet such requirements as the
Secretary of Homeland Security may prescribe providing notice
of the penalties imposed under sections 46301(a)(5)(A)(i) and
subsection (b) of this section, are displayed near all
screening locations, all locations where passengers exit the
sterile area, and such other locations at the airport as the
Secretary of Homeland Security determines appropriate.
``(2) Effect of signs on penalties.--An individual shall be
subject to the penalty provided for under section
46301(a)(5)(A)(i) and subsection (b) of this section without
regard to whether signs are displayed at an airport as
required by paragraph (1).''.
Sec. 562. (a) Short Title.--This section may be cited as
the ``Disaster Assistance Recoupment Fairness Act of 2011''.
(b) Debts Since 2005.--
(1) Definition.--In this section, the term ``covered
assistance'' means assistance provided--
(A) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(B) in relation to a major disaster declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
during the period beginning on August 28, 2005, and ending on
December 31, 2010.
(2) Waiver authority.--The Administrator of the Federal
Emergency Management Agency--
(A) subject to subparagraph (B), may waive a debt owed to
the United States related to covered assistance provided to
an individual or household if--
(i) the covered assistance was distributed based on an
error by the Federal Emergency Management Agency;
(ii) there was no fault on behalf of the debtor; and
(iii) the collection of the debt would be against equity
and good conscience; and
(B) may not waive a debt under subparagraph (A) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an
interest in the claim.
(3) Reporting.--Not later than 3 months after the date of
enactment of this Act, and every 3 months thereafter until
the date that is 18 months after the date of enactment of
this Act, the Inspector General of the Department of Homeland
Security shall submit a report that assesses the cost-
effectiveness of the efforts of the Federal Emergency
Management Agency to recoup improper payments under the
Individuals and Household Program under section 408 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174) to--
(A) the Committee on Homeland Security and Governmental
Affairs and the Subcommittee on Homeland Security of the
Committee on Appropriations of the Senate; and
(B) the Committee on Homeland Security, the Committee on
Transportation and Infrastructure, and the Subcommittee on
Homeland Security of the Committee on Appropriations of the
House of Representatives.
Sec. 563. (a) Notwithstanding section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act and
subject to subsection (b), recipients of Small Business
Administration Disaster loans for disaster-related damage to
their homes may be eligible for reimbursement at the
discretion of the state, under Section 404 of that Act, for
documented and eligible mitigation work performed on their
home.
(b) Limitations.--
(1) Any reimbursement provided to or on behalf of a
homeowner pursuant to subsection (a) shall not exceed the
amount of the disaster loan that may be used and was used for
disaster mitigation activities; and
(2) Subsection (a) shall only apply if the disaster loan
and assistance provided under section 404 were made available
in response to the same disaster declaration.
(3) Shall be applicable only to disasters declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
during the
[[Page S5987]]
period beginning on August 28, 2005 and ending on August 28,
2006.
(c) If a state chooses to use funds under section 404 to
reimburse homeowners as provided in subsection (a), it shall
make payments in the following order:
(1) First, to the Small Business Administration on behalf
of the eligible homeowner for the purpose of reducing, but
not below zero, the homeowner's outstanding debt obligation
to the Small Business Administration for the disaster loan;
and
(2) Second, any remaining reimbursement shall be paid
directly to the homeowner.
Sec. 564. Notwithstanding the requirement under section
34(a)(1)(A) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to
increase the number of firefighters in fire departments, the
Secretary of Homeland Security, in making grants under
section 34 of such Act using the funds appropriated for
fiscal year 2011, shall grant waivers from the requirements
of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of
such section: Provided, That section 34(a)(1)(E) of such Act
shall not apply with respect to funds appropriated for fiscal
year 2011 for grants under section 34 of such Act: Provided
further, That the Secretary of Homeland Security, in making
grants under section 34 of such Act, shall ensure that funds
appropriated for fiscal year 2011 are made available for the
hiring, rehiring, or retention of firefighters.
(including rescissions)
Sec. 565. (a) For an additional amount for Coast Guard
``Acquisition, Construction, and Improvements'', $18,300,000,
to remain available until September 30, 2014, for aircraft
replacement.
(b) The following amounts are rescinded:
(1) $7,300,000 from unobligated balances made available for
Coast Guard ``Acquisition, Construction, and Improvements''
in chapter 5 of title I of division B of Public Law 110-329.
(2) $7,000,000 from unobligated balances made available for
``United States Citizenship and Immigration Services'' in
chapter 6 of title I of Public Law 111-212.
(3) $4,000,000 from unobligated balances made available for
Transportation Security Administration ``Aviation Security''
in chapter 5 of title III of Public Law 110-28.
(c) The amount made available in subsection (a) is
designated by Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-
177), as amended.
(rescissions)
Sec. 566. Of the funds transferred to the Department of
Homeland Security when it was created in 2003, the following
funds are hereby rescinded from the following accounts and
programs in the specified amounts:
(1) $2,577,000 from Coast Guard, ``Acquisition,
Construction, and Improvements''.
(2) $4,000,000 from U.S. Immigration and Customs
Enforcement, ``Salaries and Expenses''.
(3) $407,000 from ``Violent Crime Reduction Programs''.
(4) $7,101,000 from U.S. Customs and Border Protection,
``Salaries and Expenses''.
(5) $3,121,348 from Department of Homeland Security,
``Office for Domestic Preparedness''.
(6) $678,213 from Federal Emergency Management Agency,
``National Predisaster Mitigation Fund''.
(rescission)
Sec. 567. Of the unobligated, prior year balances
available for U.S. Immigration and Customs Enforcement,
``Salaries and Expenses'', $7,000,000 are rescinded.
(rescission)
Sec. 568. Of the unobligated, prior year balances
available for U.S. Immigration and Customs Enforcement,
``Automation Modernization'', $10,000,000 are rescinded.
(rescission)
Sec. 569. Of the unobligated balances available for
Department of Homeland Security, ``Transportation Security
Administration'' in ``Aviation Security'' account 70x0550,
$48,503,000 are rescinded.
(rescission)
Sec. 570. Of the unobligated, prior year balances
available for Science and Technology, ``Research,
Development, Acquisition, and Operations'', $20,000,000 are
rescinded.
This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2012''.
Mr. REID. I ask unanimous consent to withdraw the committee-reported
substitute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 666
Mr. REID. I call up amendment No. 666.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Nevada [Mr. Reid] proposes an amendment
numbered 666.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The PRESIDING OFFICER. Under the previous order, the amendment No.
666 is agreed to, and the clerk will read the title of the bill for the
third time.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. Is there further debate?
If not, the bill having been read for the third time, the question
is, Shall the bill pass?
The bill (H.R. 2017), as amended, was passed.
(The bill will be printed in a future edition of the Record.)
Mr. REID. Mr. President, I ask unanimous consent that an amendment of
the title which is at the desk be agreed to.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The amendment (No. 667) was agreed to, as follows:
Amend the title so as to read: ``An Act making continuing
appropriations for fiscal year 2012, and for other
purposes.''
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