[Congressional Record (Bound Edition), Volume 157 (2011), Part 10]
[Senate]
[Pages 14375-14386]
[From the U.S. 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

[[Page 14376]]

     international activities:  Provided further, That all 
     official costs associated with the use of government aircraft 
     by Department of Homeland Security personnel to support 
     official travel of the Secretary and the Deputy Secretary 
     shall be paid from amounts made available for the Immediate 
     Office of the Secretary and the Immediate Office of the 
     Deputy Secretary:  Provided further, That consistent with the 
     requirements specified within Presidential Policy Directive-
     8, dated March 30, 2011, the Secretary of Homeland Security 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives not later than 
     October 15, 2011, the National Preparedness Goal and not 
     later than January 15, 2012, the description of the National 
     Preparedness System:  Provided further, That $35,000,000 
     shall not be available for obligation until the Secretary of 
     Homeland Security submits to the Committees on Appropriations 
     of the Senate and the House of Representatives a 
     comprehensive plan to initiate implementation of a biometric 
     air exit capability in fiscal year 2012, or a written 
     certification to the Congress that it is the position of the 
     administration that the statutory requirement for biometric 
     air exit be repealed.

              office of the under secretary for management

       For necessary expenses of the Office of the Under Secretary 
     for Management, as authorized by sections 701 through 705 of 
     the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
     $237,131,000, of which not to exceed $2,500 shall be for 
     official reception and representation expenses:  Provided, 
     That of the total amount made available under this heading, 
     $5,000,000 shall remain available until expended solely for 
     the alteration and improvement of facilities, tenant 
     improvements, and relocation costs to consolidate Department 
     headquarters operations at the Nebraska Avenue Complex; and 
     $14,172,000 shall remain available until expended for the 
     Human Resources Information Technology program.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, as authorized by section 103 of the Homeland 
     Security Act of 2002 (6 U.S.C. 113), $51,000,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, as authorized by section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
     wide technology investments, $267,972,000; of which 
     $105,578,000 shall be available for salaries and expenses; 
     and of which $162,394,000, to remain available until 
     September 30, 2014, shall be available for development and 
     acquisition of information technology equipment, software, 
     services, and related activities for the Department of 
     Homeland Security:  Provided, That the Department of Homeland 
     Security Chief Information Officer shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted each year under section 1105(a) of title 31, United 
     States Code, a multi-year investment and management plan for 
     all information technology acquisition projects funded under 
     this heading or funded by multiple components of the 
     Department of Homeland Security through reimbursable 
     agreements, that includes--
       (1) the proposed appropriations included for each project 
     and activity tied to mission requirements, program management 
     capabilities, performance levels, and specific capabilities 
     and services to be delivered;
       (2) the total estimated cost and projected timeline of 
     completion for all multi-year enhancements, modernizations, 
     and new capabilities that are proposed in such budget or 
     underway;
       (3) a detailed accounting of operations and maintenance and 
     contractor services costs; and
       (4) a current acquisition program baseline for each 
     project, that--
       (A) notes and explains any deviations in cost, performance 
     parameters, schedule, or estimated date of completion from 
     the original acquisition program baseline;
       (B) aligns the acquisition programs covered by the baseline 
     to mission requirements by defining existing capabilities, 
     identifying known capability gaps between such existing 
     capabilities and stated mission requirements, and explaining 
     how each increment will address such known capability gaps; 
     and
       (C) defines life-cycle costs for such programs.

                        Analysis and Operations

       For necessary expenses for intelligence analysis and 
     operations coordination activities, as authorized by title II 
     of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $339,368,000; of which not to exceed $4,250 shall be for 
     official reception and representation expenses; and of which 
     $136,665,000 shall remain available until September 30, 2013.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $125,000,000, of which not to exceed 
     $300,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. CUSTOMS AND BORDER PROTECTION

                         salaries and expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, agricultural 
     inspections and regulatory activities related to plant and 
     animal imports, and transportation of unaccompanied minor 
     aliens; purchase and lease of up to 7,500 (6,500 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $8,762,103,000; of 
     which $3,274,000 shall be derived from the Harbor Maintenance 
     Trust Fund for administrative expenses related to the 
     collection of the Harbor Maintenance Fee pursuant to section 
     9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
     not to exceed $38,250 shall be for official reception and 
     representation expenses; of which not less than $287,901,000 
     shall be for Air and Marine Operations; of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 
     shall be derived from that account; of which not to exceed 
     $150,000 shall be available for payment for rental space in 
     connection with preclearance operations; of which not to 
     exceed $1,000,000 shall be for awards of compensation to 
     informants, to be accounted for solely under the certificate 
     of the Secretary of Homeland Security:  Provided, That for 
     fiscal year 2012, the overtime limitation prescribed in 
     section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
     267(c)(1)) shall be $35,000; and notwithstanding any other 
     provision of law, none of the funds appropriated by this Act 
     may be available to compensate any employee of U.S. Customs 
     and Border Protection for overtime, from whatever source, in 
     an amount that exceeds such limitation, except in individual 
     cases determined by the Secretary of Homeland Security, or 
     the designee of the Secretary, to be necessary for national 
     security purposes, to prevent excessive costs, or in cases of 
     immigration emergencies:  Provided further, That the Border 
     Patrol shall maintain an active duty presence of not less 
     than 21,370 full-time equivalent agents protecting the 
     borders of the United States throughout the fiscal year.

                        automation modernization

       For expenses for U.S. Customs and Border Protection 
     automated systems, $334,275,000, to remain available until 
     September 30, 2014, of which not less than $140,000,000 shall 
     be for the development of the Automated Commercial 
     Environment:  Provided, That of the total amount made 
     available under this heading, $50,000,000 may not be 
     obligated for the Automated Commercial Environment program 
     until 30 days after the Committees on Appropriations of the 
     Senate and the House of Representatives receive a report on 
     the results to date and plans for the program from the 
     Department of Homeland Security.

        border security fencing, infrastructure, and technology

       For expenses for border security fencing, infrastructure, 
     and technology, $400,000,000, to remain available until 
     September 30, 2014:  Provided, That of the total amount made 
     available under this heading, $60,000,000 shall not be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives receive and approve a 
     plan for expenditure, prepared by the Commissioner, U.S. 
     Customs and Border Protection, reviewed by the Government 
     Accountability Office, and submitted not later than 90 days 
     after the date of the enactment of this Act, for a program to 
     establish and maintain a security barrier along the borders 
     of the United States of fencing and vehicle barriers, where 
     practicable, and of other forms of tactical infrastructure 
     and technology.

 air and marine interdiction, operations, maintenance, and procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aircraft 
     systems, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, the operations of which include the following: the 
     interdiction of narcotics and other goods; the provision of 
     support to Federal, State, and local agencies in the 
     enforcement or administration of laws enforced by the 
     Department of Homeland Security; and, at the discretion of 
     the Secretary of Homeland Security, the provision of 
     assistance to Federal, State, and local agencies in other law 
     enforcement and emergency humanitarian efforts, $506,566,000, 
     to remain available until September 30, 2014:  Provided, That 
     no aircraft or other related equipment, with the exception of 
     aircraft that are one of a kind and have been identified as 
     excess to U.S. Customs and Border Protection requirements and 
     aircraft that have been damaged beyond repair, shall be 
     transferred to any other Federal agency, department, or 
     office outside of the Department of Homeland Security during 
     fiscal year 2012 without the prior approval of the Committees 
     on Appropriations of the Senate and the House of 
     Representatives.

                 construction and facilities management

       For necessary expenses to plan, acquire, construct, 
     renovate, equip, furnish, operate, manage, and maintain 
     buildings and facilities necessary for the administration and 
     enforcement of the laws relating to customs, immigration, and 
     border security, $239,096,000, to remain available until 
     September 30, 2016:  Provided, That for fiscal year 2012 and 
     thereafter, the annual budget submission of U.S. Customs and 
     Border Protection for ``Construction and Facilities 
     Management'' shall, in consultation with

[[Page 14377]]

     the General Services Administration, include a detailed 5-
     year plan for all Federal land border port of entry projects 
     with a yearly update of total projected future funding needs 
     delineated by land port of entry.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations, 
     including overseas vetted units operations; and purchase and 
     lease of up to 3,790 (2,350 for replacement only) police-type 
     vehicles; $5,512,856,000; of which not to exceed $10,000,000 
     shall be available until expended for conducting special 
     operations under section 3131 of the Customs Enforcement Act 
     of 1986 (19 U.S.C. 2081); of which not to exceed $12,750 
     shall be for official reception and representation expenses; 
     of which not to exceed $2,000,000 shall be for awards of 
     compensation to informants, to be accounted for solely under 
     the certificate of the Secretary of Homeland Security; of 
     which not less than $305,000 shall be for promotion of public 
     awareness of the child pornography tipline and anti-child 
     exploitation activities; of which not less than $5,400,000 
     shall be used to facilitate agreements consistent with 
     section 287(g) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall 
     be available to fund or reimburse other Federal agencies for 
     the costs associated with the care, maintenance, and 
     repatriation of smuggled aliens unlawfully present in the 
     United States:  Provided, That none of the funds made 
     available under this heading shall be available to compensate 
     any employee for overtime in an annual amount in excess of 
     $35,000, except that the Secretary of Homeland Security, or 
     the designee of the Secretary, may waive that amount as 
     necessary for national security purposes and in cases of 
     immigration emergencies:  Provided further, That of the total 
     amount provided, $15,770,000 shall be for activities in 
     fiscal year 2012 to enforce laws against forced child labor, 
     of which not to exceed $6,000,000 shall remain available 
     until expended:  Provided further, That of the total amount 
     available, not less than $1,500,000,000 shall be available to 
     identify aliens convicted of a crime who may be deportable, 
     and to remove them from the United States once they are 
     judged deportable, of which $184,064,000 shall remain 
     available until September 30, 2013:  Provided further, That 
     the Assistant Secretary of U.S. Immigration and Customs 
     Enforcement shall report to the Committees on Appropriations 
     of the Senate and the House of Representatives, not later 
     than 45 days after the end of each quarter of the fiscal 
     year, on progress in implementing the preceding proviso and 
     the funds obligated during that quarter to make that 
     progress:  Provided further, That the Secretary of Homeland 
     Security shall prioritize the identification and removal of 
     aliens convicted of a crime by the severity of that crime:  
     Provided further, That funding made available under this 
     heading shall maintain a level of not less than 33,400 
     detention beds through September 30, 2012:  Provided further, 
     That of the total amount provided, not less than 
     $2,724,125,000 is for detention and removal operations, 
     including transportation of unaccompanied minor aliens:  
     Provided further, That of the total amount provided, 
     $7,300,000 shall remain available until September 30, 2013, 
     for the Visa Security Program:  Provided further, That of the 
     total amount provided under this heading, up to $5,000,000 
     may be transferred to United States Visitor and Immigrant 
     Status Indicator Technology to address the visa overstay 
     backlog:  Provided further, That none of the funds provided 
     under this heading may be used to continue a delegation of 
     law enforcement authority authorized under section 287(g) of 
     the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the 
     Department of Homeland Security Inspector General determines 
     that the terms of the agreement governing the delegation of 
     authority have been violated:  Provided further, That none of 
     the funds provided under this heading may be used to continue 
     any contract for the provision of detention services if the 
     two most recent overall performance evaluations received by 
     the contracted facility are less than ``adequate'' or the 
     equivalent median score in any subsequent performance 
     evaluation system:  Provided further, That nothing under this 
     heading shall prevent U.S. Immigration and Customs 
     Enforcement from exercising those authorities provided under 
     immigration laws (as defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) 
     during priority operations pertaining to aliens convicted of 
     a crime.

                        automation modernization

       For expenses of immigration and customs enforcement 
     automated systems, $21,710,000, to remain available until 
     September 30, 2016.

                 Transportation Security Administration

                           aviation security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $5,293,566,000, to remain available until September 30, 2013, 
     of which not to exceed $8,500 shall be for official reception 
     and representation expenses:  Provided, That of the total 
     amount made available under this heading, not to exceed 
     $4,193,246,000 shall be for screening operations, of which 
     $555,003,000 shall be available for explosives detection 
     systems; $214,893,000 shall be for checkpoint support; and 
     not to exceed $1,100,320,000 shall be for aviation security 
     direction and enforcement:  Provided further, That of the 
     amount made available in the preceding proviso for explosives 
     detection systems, $222,738,000 shall be available for the 
     purchase and installation of these systems:  Provided 
     further, That any award to deploy explosives detection 
     systems shall be based on risk, the airport's current 
     reliance on other screening solutions, lobby congestion 
     resulting in increased security concerns, high injury rates, 
     airport readiness, and increased cost effectiveness:  
     Provided further, That security service fees authorized under 
     section 44940 of title 49, United States Code, shall be 
     credited to this appropriation as offsetting collections and 
     shall be available only for aviation security:  Provided 
     further, That the sum appropriated under this heading from 
     the general fund shall be reduced on a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2012 so as to result in a final fiscal year 
     appropriation from the general fund estimated at not more 
     than $2,983,566,000:  Provided further, That any security 
     service fees collected in excess of the amount made available 
     under this heading shall become available during fiscal year 
     2013:  Provided further, That notwithstanding section 44923 
     of title 49, United States Code, for fiscal year 2012, any 
     funds in the Aviation Security Capital Fund established by 
     section 44923(h) of title 49, United States Code, may be used 
     for the procurement and installation of explosives detection 
     systems or for the issuance of other transaction agreements 
     for the purpose of funding projects described in section 
     44923(a):  Provided further, That Members of the United 
     States House of Representatives and United States Senate, 
     including the leadership; the heads of Federal agencies and 
     commissions, including the Secretary, Deputy Secretary, Under 
     Secretaries, and Assistant Secretaries of the Department of 
     Homeland Security; the United States Attorney General and 
     Assistant Attorneys General and the United States Attorneys; 
     and senior members of the Executive Office of the President, 
     including the Director of the Office of Management and 
     Budget; shall not be exempt from Federal passenger and 
     baggage screening.

                    surface transportation security

       For necessary expenses of the Transportation Security 
     Administration related to providing surface transportation 
     security activities, $134,748,000, to remain available until 
     September 30, 2013.

           transportation threat assessment and credentialing

       For necessary expenses for the development and 
     implementation of screening programs of the Office of 
     Transportation Threat Assessment and Credentialing, 
     $163,954,000, to remain available until September 30, 2013.

                    transportation security support

       For necessary expenses of the Transportation Security 
     Administration related to providing transportation security 
     support and intelligence pursuant to the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597; 49 U.S.C. 40101 note), $1,042,066,000, to remain 
     available until September 30, 2013:   Provided, That of the 
     funds appropriated under this heading, $25,000,000 may not be 
     obligated for headquarters administration until the Secretary 
     of Homeland Security submits to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     detailed expenditure plans for air cargo security, and for 
     checkpoint support and explosives detection systems 
     refurbishment, procurement, and installations on an airport-
     by-airport basis for fiscal year 2012:  Provided further, 
     That these plans shall be submitted no later than 60 days 
     after the date of enactment of this Act.

                          federal air marshals

       For necessary expenses of the Federal Air Marshals, 
     $981,115,000.

                              Coast Guard

                           operating expenses

       For necessary expenses for the operation and maintenance of 
     the Coast Guard, not otherwise provided for; purchase or 
     lease of not to exceed 25 passenger motor vehicles, which 
     shall be for replacement only; purchase or lease of small 
     boats for contingent and emergent requirements (at a unit 
     cost of no more than $700,000) and repairs and service-life 
     replacements, not to exceed a total of $28,000,000; purchases 
     or lease of boats necessary for overseas deployment 
     activities; minor shore construction projects not exceeding 
     $1,000,000 in total cost at any location; payments pursuant 
     to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 
     Stat. 1920); and recreation and welfare; $7,078,054,000; of 
     which $598,000,000 shall be for defense-related activities, 
     of which $258,000,000 is designated by Congress as being for 
     overseas contingency operations pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (Public Law 99-177), as amended; of which 
     $24,500,000 shall be derived from the Oil Spill Liability 
     Trust Fund to carry out the purposes of section 1012(a)(5) of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of 
     which not to exceed $17,000 shall be for official reception 
     and representation expenses:  Provided, That none of the 
     funds made available by this Act shall be for expenses 
     incurred for recreational vessels under section 12114 of 
     title 46, United States Code, except to the extent fees are 
     collected from owners of yachts and credited to this 
     appropriation:  Provided further, That the Coast Guard shall 
     comply with the requirements of section 527 of the National 
     Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 
     4331

[[Page 14378]]

     note) with respect to the Coast Guard Academy:  Provided 
     further, That of the funds provided under this heading, 
     $75,000,000 shall be withheld from obligation for 
     Headquarters Directorates until:
       (1) the fiscal year 2012 second quarter acquisition report; 
     and
       (2) the future-years capital investment plan for fiscal 
     years 2013-2017, as specified under the heading Coast Guard, 
     ``Acquisition, Construction, and Improvements'' of this Act, 
     are received by the Committees on Appropriations of the 
     Senate and the House of Representatives:

      Provided further, That funds made available under this 
     heading for overseas contingency operations may be allocated 
     by program, project, and activity, notwithstanding section 
     503 of this Act.

                environmental compliance and restoration

       For necessary expenses to carry out the environmental 
     compliance and restoration functions of the Coast Guard under 
     chapter 19 of title 14, United States Code, $16,699,000, to 
     remain available until expended.

                            reserve training

       For necessary expenses of the Coast Guard Reserve, as 
     authorized by law; operations and maintenance of the reserve 
     program; personnel and training costs; and equipment and 
     services; $134,278,000.

              acquisition, construction, and improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law; 
     $1,391,924,000, of which $20,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $20,000,000 shall remain 
     available until September 16, 2016, for military family 
     housing, of which not more than $14,000,000 shall be derived 
     from the Coast Guard Housing Fund, established pursuant to 14 
     U.S.C. 687; of which $642,000,000 shall be available until 
     September 30, 2016, to acquire, effect major repairs, 
     renovate, or improve vessels, small boats, and related 
     equipment; of which $264,900,000 shall be available until 
     September 30, 2016, to acquire, effect major repairs, 
     renovate, or improve aircraft or increase aviation 
     capability; of which $161,140,000 shall be available until 
     September 30, 2016, for other equipment; of which 
     $193,692,000 shall be available until September 30, 2016, for 
     shore facilities and aids to navigation, including waterfront 
     facilities at Navy installations used by the Coast Guard; of 
     which $110,192,000 shall be available for personnel 
     compensation and benefits and related costs:  Provided, That 
     the funds provided by this Act shall be immediately available 
     and allotted to contract for long lead time materials, 
     components, and designs for the sixth National Security 
     Cutter notwithstanding the availability of funds for 
     production costs or post-production costs:  Provided further, 
     That the Secretary of Homeland Security shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted each year under section 1105(a) of title 31, United 
     States Code, a future-years capital investment plan for the 
     Coast Guard that identifies for each requested capital 
     asset--
       (1) the proposed appropriations included in that budget;
       (2) the total estimated cost of completion, including and 
     clearly delineating the costs of associated major acquisition 
     systems infrastructure and transition to operations;
       (3) projected funding levels for each fiscal year for the 
     next 5 fiscal years or until acquisition program baseline or 
     project completion, whichever is earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) a current acquisition program baseline for each capital 
     asset, as applicable, that--
       (A) includes the total acquisition cost of each asset, 
     subdivided by fiscal year and including a detailed 
     description of the purpose of the proposed funding levels for 
     each fiscal year, including for each fiscal year funds 
     requested for design, pre-acquisition activities, production, 
     structural modifications, missionization, post-delivery, and 
     transition to operations costs;
       (B) includes a detailed project schedule through 
     completion, subdivided by fiscal year, that details--
       (i) quantities planned for each fiscal year; and
       (ii) major acquisition and project events, including 
     development of operational requirements, contracting actions, 
     design reviews, production, delivery, test and evaluation, 
     and transition to operations, including necessary training, 
     shore infrastructure, and logistics;
       (C) notes and explains any deviations in cost, performance 
     parameters, schedule, or estimated date of completion from 
     the original acquisition program baseline and the most recent 
     baseline approved by the Department of Homeland Security's 
     Acquisition Review Board, if applicable;
       (D) aligns the acquisition of each asset to mission 
     requirements by defining existing capabilities of comparable 
     legacy assets, identifying known capability gaps between such 
     existing capabilities and stated mission requirements, and 
     explaining how the acquisition of each asset will address 
     such known capability gaps;
       (E) defines life-cycle costs for each asset and the date of 
     the estimate on which such costs are based, including all 
     associated costs of major acquisitions systems infrastructure 
     and transition to operations, delineated by purpose and 
     fiscal year for the projected service life of the asset;
       (F) includes the earned value management system summary 
     schedule performance index and cost performance index for 
     each asset, if applicable; and
       (G) includes a phase-out and decommissioning schedule 
     delineated by fiscal year for each existing legacy asset that 
     each asset is intended to replace or recapitalize:

      Provided further, That the Secretary of Homeland Security 
     shall ensure that amounts specified in the future-years 
     capital investment plan are consistent, to the maximum extent 
     practicable, with proposed appropriations necessary to 
     support the programs, projects, and activities of the Coast 
     Guard in the President's budget as submitted under section 
     1105(a) of title 31, United States Code, for that fiscal 
     year:  Provided further, That any inconsistencies between the 
     capital investment plan and proposed appropriations shall be 
     identified and justified:  Provided further, That subsections 
     (a) and (b) of section 6402 of Public Law 110-28 shall apply 
     with respect to the amounts made available under this 
     heading.

              research, development, test, and evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation; and for maintenance, 
     rehabilitation, lease, and operation of facilities and 
     equipment; as authorized by law; $27,779,000, to remain 
     available until September 30, 2016, of which $500,000 shall 
     be derived from the Oil Spill Liability Trust Fund to carry 
     out the purposes of section 1012(a)(5) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2712(a)(5)):  Provided, That there may 
     be credited to and used for the purposes of this 
     appropriation funds received from State and local 
     governments, other public authorities, private sources, and 
     foreign countries for expenses incurred for research, 
     development, testing, and evaluation.

                              retired pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, concurrent receipts and combat-related 
     special compensation under the National Defense Authorization 
     Act, and payments for medical care of retired personnel and 
     their dependents under chapter 55 of title 10, United States 
     Code, $1,440,157,000, to remain available until expended.

                      United States Secret Service

                         salaries and expenses

       For necessary expenses of the United States Secret Service, 
     including: purchase of not to exceed 652 vehicles for police-
     type use for replacement only; hire of passenger motor 
     vehicles; purchase of motorcycles made in the United States; 
     hire of aircraft; services of expert witnesses at such rates 
     as may be determined by the Director of the Secret Service; 
     rental of buildings in the District of Columbia, and fencing, 
     lighting, guard booths, and other facilities on private or 
     other property not in Government ownership or control, as may 
     be necessary to perform protective functions; payment of per 
     diem or subsistence allowances to employees where a 
     protective assignment during the actual day or days of the 
     visit of a protectee requires an employee to work 16 hours 
     per day or to remain overnight at a post of duty; conduct of 
     and participation in firearms matches; presentation of 
     awards; travel of United States Secret Service employees on 
     protective missions without regard to the limitations on such 
     expenditures in this or any other Act if approval is obtained 
     in advance from the Committees on Appropriations of the 
     Senate and the House of Representatives; research and 
     development; grants to conduct behavioral research in support 
     of protective research and operations; and payment in advance 
     for commercial accommodations as may be necessary to perform 
     protective functions; $1,670,237,000; of which not to exceed 
     $21,250 shall be for official reception and representation 
     expenses; of which not to exceed $100,000 shall be to provide 
     technical assistance and equipment to foreign law enforcement 
     organizations in counterfeit investigations; of which 
     $2,366,000 shall be for forensic and related support of 
     investigations of missing and exploited children; and of 
     which $6,000,000 shall be for a grant for activities related 
     to the investigations of missing and exploited children and 
     shall remain available until September 30, 2013:  Provided, 
     That up to $18,000,000 for protective travel shall remain 
     available until September 30, 2013:  Provided further, That 
     up to $19,307,000 for National Special Security Events shall 
     remain available until expended:  Provided further, That the 
     United States Secret Service is authorized to obligate funds 
     in anticipation of reimbursements from Federal agencies and 
     entities, as defined in section 105 of title 5, United States 
     Code, receiving training sponsored by the James J. Rowley 
     Training Center, except that total obligations at the end of 
     the fiscal year shall not exceed total budgetary resources 
     available under this heading at the end of the fiscal year:  
     Provided further, That none of the funds made available under 
     this heading shall be available to compensate any employee 
     for overtime in an annual amount in excess of $35,000, except 
     that the Secretary of Homeland Security, or the designee of 
     the Secretary, may waive that amount as necessary for 
     national security purposes:  Provided further, That none of 
     the funds made available to the United States Secret Service 
     by this Act or by previous appropriations Acts may be made

[[Page 14379]]

     available for the protection of the head of a Federal agency 
     other than the Secretary of Homeland Security:  Provided 
     further, That the Director of the United States Secret 
     Service may enter into an agreement to perform such service 
     on a fully reimbursable basis:  Provided further, That of the 
     total amount made available under this heading, $43,843,000, 
     to remain available until September 30, 2014, is for 
     information integration and technology transformation:  
     Provided further, That $20,000,000 made available in the 
     preceding proviso shall not be obligated to purchase or 
     install information technology equipment until the Chief 
     Information Officer of the Department of Homeland Security 
     submits a report to the Committees on Appropriations of the 
     Senate and the House of Representatives certifying that all 
     plans for integration and transformation are consistent with 
     Department of Homeland Security data center migration and 
     enterprise architecture requirements:  Provided further, That 
     none of the funds made available to the United States Secret 
     Service by this Act or by previous appropriations Acts may be 
     obligated for the purpose of opening a new permanent domestic 
     or overseas office or location unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such obligation.

     acquisition, construction, improvements, and related expenses

       For necessary expenses for acquisition, construction, 
     repair, alteration, and improvement of facilities, 
     $5,380,000, to remain available until September 30, 2016.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     Management and Administration

       For salaries and expenses of the Office of the Under 
     Secretary for the National Protection and Programs 
     Directorate, support for operations, information technology, 
     and the Office of Risk Management and Analysis, $37,875,000:  
     Provided, That not to exceed $4,250 shall be for official 
     reception and representation expenses:  Provided further, 
     That $9,000,000 shall not be available for obligation until 
     the Secretary of Homeland Security submits to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives a comprehensive plan to initiate 
     implementation of a biometric air exit capability in fiscal 
     year 2012, or a written certification to the Congress that it 
     is the position of the administration that the statutory 
     requirements for biometric air exit be repealed.

           infrastructure protection and information security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.), $918,283,000, of which $773,473,000 shall 
     remain available until September 30, 2013.

                       Federal Protective Service

       The revenues and collections of security fees credited to 
     this account shall be available until expended for necessary 
     expenses related to the protection of federally owned and 
     leased buildings and for the operations of the Federal 
     Protective Service:  Provided, That the Secretary of Homeland 
     Security and the Director of the Office of Management and 
     Budget shall certify in writing to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than December 31, 2011, that the operations of the 
     Federal Protective Service will be fully funded in fiscal 
     year 2012 through revenues and collection of security fees, 
     and shall adjust the fees to ensure fee collections are 
     sufficient to ensure that the Federal Protective Service 
     maintains not fewer than 1,371 full-time equivalent staff and 
     1,007 full-time equivalent Police Officers, Inspectors, Area 
     Commanders, and Special Agents who, while working, are 
     directly engaged on a daily basis protecting and enforcing 
     laws at Federal buildings (referred to as ``in-service field 
     staff''):  Provided further, That the Director of the Federal 
     Protective Service shall include with the submission of the 
     President's fiscal year 2013 budget a strategic human capital 
     plan that aligns fee collections to personnel requirements 
     based on a current threat assessment.

    united states visitor and immigrant status indicator technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     program, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), $297,402,000, to remain available until 
     September 30, 2014:  Provided, That of the total amount made 
     available under this heading, $75,000,000 may not be 
     obligated for the United States Visitor and Immigrant Status 
     Indicator Technology project until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive a plan for expenditure, prepared by the Secretary of 
     Homeland Security, not later than 90 days after the date of 
     enactment of this Act, that meets the statutory conditions 
     specified under this heading in Public Law 110-329:  Provided 
     further, That not less than $18,000,000 of unobligated 
     balances of prior year appropriations shall remain available 
     and be obligated solely for implementation of a biometric air 
     exit capability.

                        Office of Health Affairs

       For necessary expenses of the Office of Health Affairs, 
     $159,450,000; of which $29,171,000 is for salaries and 
     expenses and $90,164,000 is for BioWatch operations:  
     Provided, That $40,115,000 shall remain available until 
     September 30, 2013, for biosurveillance, BioWatch Generation 
     3, chemical defense, medical and health planning and 
     coordination, and workforce health protection:  Provided 
     further, That not to exceed $2,500 shall be for official 
     reception and representation expenses.

                  Federal Emergency Management Agency

                           operating expenses

       For necessary expenses for management and administration of 
     the Federal Emergency Management Agency, $904,550,000, 
     including activities authorized by the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance Act of 
     2000 (division C, title I, 114 Stat. 583), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
     Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
     sections 107 and 303 of the National Security Act of 1947 (50 
     U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
     App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.), and the Post-Katrina Emergency Management Reform Act 
     of 2006 (Public Law 109-295; 120 Stat. 1394):  Provided, That 
     not to exceed $2,500 shall be for official reception and 
     representation expenses:  Provided further, That the 
     Administrator of the Federal Emergency Management Agency is 
     authorized to reprogram funds made available under this 
     heading between programs, projects, and activities, subject 
     to the limitations in section 503, by notifying the 
     Committees on Appropriations of the Senate and the House of 
     Representatives 15 days in advance of such reprogramming, but 
     without prior written approval from such Committees:  
     Provided further, That the authority in the preceding proviso 
     shall expire on September 30, 2012:  Provided further, That 
     the President's budget submitted under section 1105(a) of 
     title 31, United States Code, shall be detailed by office for 
     the Federal Emergency Management Agency:  Provided further, 
     That of the total amount made available under this heading, 
     not to exceed $12,000,000 shall remain available until 
     September 30, 2013, for capital improvements at the Mount 
     Weather Emergency Operations Center:  Provided further, That 
     of the total amount made available under this heading, 
     $41,250,000 shall be for the Urban Search and Rescue Response 
     System, of which not to exceed $1,600,000 may be made 
     available for administrative costs; and $6,981,000 shall be 
     for the Office of National Capital Region Coordination:  
     Provided further, That $1,400,000 of the funds available for 
     the Office of the Administrator shall not be available for 
     obligation until the Administrator submits to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives the National Preparedness Report required by 
     Public Law 109-295 and a comprehensive plan to implement a 
     system to measure the effectiveness of grants to State and 
     local communities in fiscal year 2012:  Provided further, 
     That for purposes of planning, coordination, execution, and 
     decisionmaking related to mass evacuation during a disaster, 
     the Governors of the State of West Virginia and the 
     Commonwealth of Pennsylvania, or their designees, shall be 
     incorporated into efforts to integrate the activities of 
     Federal, State, and local governments in the National Capital 
     Region, as defined in section 882 of Public Law 107-296, the 
     Homeland Security Act of 2002.

                        state and local programs

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     activities, $1,476,681,000 shall be allocated as follows:
       (1) $430,000,000 shall be for the State Homeland Security 
     Grant Program under section 2004 of the Homeland Security Act 
     of 2002 (6 U.S.C. 605):  Provided, That of the amount 
     provided by this paragraph, $50,000,000 shall be for 
     Operation Stonegarden:  Provided further, That 
     notwithstanding subsection (c)(4) of such section 2004, for 
     fiscal year 2012, the Commonwealth of Puerto Rico shall make 
     available to local and tribal governments amounts provided to 
     the Commonwealth of Puerto Rico under this paragraph in 
     accordance with subsection (c)(1) of such section 2004.
       (2) $400,000,000 shall be for the Urban Area Security 
     Initiative under section 2003 of the Homeland Security Act of 
     2002 (6 U.S.C. 604), of which, notwithstanding subsection 
     (c)(1) of such section, $10,000,000 shall be for grants to 
     organizations (as described under section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax section 
     501(a) of such code) determined by the Secretary of Homeland 
     Security to be at high risk of a terrorist attack.
       (3) $200,000,000 shall be for Public Transportation 
     Security Assistance, Railroad Security Assistance, and Over-
     the-Road Bus Security Assistance under sections 1406, 1513, 
     and 1532 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 
     1163, and 1182), of which not less than $20,000,000 shall be 
     for Amtrak security:  Provided, That such public 
     transportation security assistance shall be provided directly 
     to public transportation agencies.
       (4) $200,000,000 shall be for Port Security Grants in 
     accordance with 46 U.S.C. 70107.
       (5) $15,000,000 shall be for grants for Emergency 
     Operations Centers under section 614 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196c) to remain available until expended.
       (6) $231,681,000 shall be for training, exercises, 
     technical assistance, and other programs, of which 
     $155,500,000 shall be for training of State, local, and 
     tribal emergency response providers:


[[Page 14380]]


       Provided, That 5.8 percent of the amounts provided under 
     this heading shall be transferred to the Federal Emergency 
     Management Agency ``Operating Expenses'' account for program 
     administration, and an expenditure plan for program 
     administration shall be provided to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     within 60 days after the date of enactment of this Act:  
     Provided further, That notwithstanding section 2008(a)(11) of 
     the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or 
     any other provision of law, a grantee may use not more than 5 
     percent of the amount of a grant made available under this 
     heading for expenses directly related to administration of 
     the grant:  Provided further, That for grants under 
     paragraphs (1) through (5), the applications for grants shall 
     be made available to eligible applicants not later than 25 
     days after the date of enactment of this Act, that eligible 
     applicants shall submit applications not later than 90 days 
     after the grant announcement, and that the Administrator of 
     the Federal Emergency Management Agency shall act within 90 
     days after receipt of an application:  Provided further, That 
     for grants under paragraphs (1) and (2), the installation of 
     communications towers is not considered construction of a 
     building or other physical facility:  Provided further, That 
     grantees shall provide reports on their use of funds, as 
     determined necessary by the Secretary of Homeland Security:  
     Provided further,  That in fiscal year 2012 and thereafter: 
     (a) the Center for Domestic Preparedness may provide training 
     to emergency response providers from the Federal Government, 
     foreign governments, or private entities, if the Center for 
     Domestic Preparedness is reimbursed for the cost of such 
     training, and any reimbursement under this subsection shall 
     be credited to the account from which the expenditure being 
     reimbursed was made and shall be available, without fiscal 
     year limitation, for the purposes for which amounts in the 
     account may be expended; (b) the head of the Center for 
     Domestic Preparedness shall ensure that any training provided 
     under (a) does not interfere with the primary mission of the 
     Center to train state and local emergency response providers; 
     and (c) subject to (b), nothing in (a) prohibits the Center 
     for Domestic Preparedness from providing training to 
     employees of the Federal Emergency Management Agency for the 
     professional development of such employees pursuant to 5 
     U.S.C. 4103 without reimbursement for the cost of such 
     training.

                     firefighter assistance grants

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $750,000,000, to remain available until 
     September 30, 2013, of which $375,000,000 shall be available 
     to carry out section 33 of that Act (15 U.S.C. 2229) and 
     $375,000,000 shall be available to carry out section 34 of 
     that Act (15 U.S.C. 2229a):  Provided, That not to exceed 5 
     percent of the amount available under this heading shall be 
     available for program administration.

                emergency management performance grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $350,000,000:  Provided, That total 
     administrative costs shall not exceed 3 percent of the total 
     amount appropriated under this heading.

              radiological emergency preparedness program

       The aggregate charges assessed during fiscal year 2012, as 
     authorized in title III of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall 
     not be less than 100 percent of the amounts anticipated by 
     the Department of Homeland Security necessary for its 
     radiological emergency preparedness program for the next 
     fiscal year:  Provided, That the methodology for assessment 
     and collection of fees shall be fair and equitable and shall 
     reflect costs of providing such services, including 
     administrative costs of collecting such fees:  Provided 
     further, That fees received under this heading shall be 
     deposited in this account as offsetting collections and will 
     become available for authorized purposes on October 1, 2012, 
     and remain available until expended.

                   united states fire administration

       For necessary expenses of the United States Fire 
     Administration and for other purposes, as authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 
     101 et seq.), $45,038,000.

                          disaster relief fund

                     (including transfer of funds)

       For necessary expenses in carrying out the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $1,800,000,000, to remain available 
     until expended, of which $16,000,000 shall be transferred to 
     the Department of Homeland Security Office of Inspector 
     General for audits and investigations related to disasters, 
     subject to section 503 of this Act:  Provided, That the 
     Administrator of the Federal Emergency Management Agency 
     shall submit quarterly reports to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     providing estimates of funding requirements for the 
     ``Disaster Relief Fund'' for the current fiscal year and the 
     succeeding three fiscal years:  Provided further, That the 
     report shall provide: (a) an estimate, by quarter, for the 
     costs of all previously designated disasters; (b) an 
     estimate, by quarter, for the cost of future disasters based 
     on a 10-year average, excluding catastrophic disasters; (c) 
     an estimate, by quarter, for the costs of catastrophic 
     disasters excluded from the 10-year average subdivided by 
     disaster and the amount already obligated, and the remaining 
     estimated costs; and (d) an estimate of the date on which the 
     ``Disaster Relief Fund'' balance will reach $800,000,000:  
     Provided further, That the Federal Emergency Management 
     Agency shall submit an expenditure plan to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     detailing the use of the funds for disaster readiness and 
     support within 60 days after the date of enactment of this 
     Act:  Provided further, That the Federal Emergency Management 
     Agency shall submit to such Committees a quarterly report 
     detailing obligations against the expenditure plan and a 
     justification for any changes from the initial plan:  
     Provided further, That the Federal Emergency Management 
     Agency shall submit the monthly ``Disaster Relief Fund'' 
     report, as specified in Public Law 110-161, to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, and include the amounts provided to each 
     Federal agency for mission assignments:  Provided further, 
     That for any request for reimbursement from a Federal agency 
     to the Department of Homeland Security to cover expenditures 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), or any mission 
     assignment orders issued by the Department of Homeland 
     Security for such purposes, the Secretary of Homeland 
     Security shall take appropriate steps to ensure that each 
     agency is periodically reminded of Department policies on--
       (1) the detailed information required in supporting 
     documentation for reimbursements; and
       (2) the necessity for timeliness of agency billings.
       For an additional amount for the ``Disaster Relief Fund'' 
     for expenses resulting from a major disaster designation 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122(2)), $4,200,000,000, 
     to remain available until expended: Provided, That such 
     amount is designated by Congress as being for disaster relief 
     pursuant to section 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
     amended.

            disaster assistance direct loan program account

       For activities under section 319 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5162), $295,000 is for the cost of direct loans:  Provided, 
     That gross obligations for the principal amount of direct 
     loans shall not exceed $25,000,000:  Provided further, That 
     the cost of modifying such loans shall be as defined in 
     section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
     661a).

             flood hazard mapping and risk analysis program

       For necessary expenses, including administrative costs, 
     under section 1360 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4101), $92,712,000, and such additional sums 
     as may be provided by State and local governments or other 
     political subdivisions for cost-shared mapping activities 
     under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), 
     to remain available until expended.

                     national flood insurance fund

       For activities under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster 
     Protection Act of 1973 (42 U.S.C. 4001 et seq.), 
     $171,000,000, which shall be derived from offsetting 
     collections assessed and collected under section 1308(d) of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); 
     of which not to exceed $22,000,000 shall be available for 
     salaries and expenses associated with flood mitigation and 
     flood insurance operations; and not less than $149,000,000 
     shall be available for flood plain management and flood 
     mapping, which shall remain available until September 30, 
     2013:  Provided, That any additional fees collected pursuant 
     to section 1308(d) of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 
     collection to this account, to be available for flood plain 
     management and flood mapping:  Provided further, That in 
     fiscal year 2012, no funds shall be available from the 
     National Flood Insurance Fund under section 1310 of that Act 
     (42 U.S.C. 4017) in excess of:
       (1) $132,000,000 for operating expenses;
       (2) $1,007,571,000 for commissions and taxes of agents;
       (3) such sums as are necessary for interest on Treasury 
     borrowings; and
       (4) $60,000,000, which shall remain available until 
     expended for flood mitigation actions; of which not less than 
     $10,000,000 is for severe repetitive loss properties under 
     section 1361A of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4102a); of which $10,000,000 shall be for repetitive 
     insurance claims properties under section 1323 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4030); and of 
     which $40,000,000 shall be for flood mitigation assistance 
     under section 1366 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4104c), notwithstanding subparagraphs (B) and 
     (C) of subsection (b)(3) and subsection (f) of section 1366 
     of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 
     and notwithstanding subsection (a)(7) of section 1310 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4017): 


[[Page 14381]]


       Provided further, That the amounts collected under section 
     102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 
     4012a) and section 1366(i) of the National Flood Insurance 
     Act of 1968 shall be deposited in the National Flood 
     Insurance Fund to supplement other amounts specified as 
     available for section 1366 of the National Insurance Act of 
     1968, notwithstanding subsection (f)(8) of such section 102 
     (42 U.S.C. 4012a(f)(8) and subsection 1366(i) and paragraphs 
     (2) and (3) of section 1367(b) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)-(3)):  
     Provided further, That total administrative costs shall not 
     exceed 4 percent of the total appropriation.

                  national predisaster mitigation fund

       For the predisaster mitigation grant program under section 
     203 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5133), including administrative 
     costs, $42,500,000, to remain available until expended:  
     Provided, That the total administrative costs associated with 
     such grants shall not exceed $3,000,000 of the total amount 
     made available under this heading.

                       emergency food and shelter

       To carry out the emergency food and shelter program 
     pursuant to title III of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 
     remain available until expended:  Provided, That total 
     administrative costs shall not exceed 3.5 percent of the 
     total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, $120,924,000, of which $102,424,000 is for 
     immigration verification programs, including the E-Verify 
     Program, as authorized by section 402 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note), to assist United States employers with 
     maintaining a legal workforce:  Provided, That 
     notwithstanding any other provision of law, funds available 
     to United States Citizenship and Immigration Services may be 
     used to acquire, operate, equip, and dispose of up to five 
     vehicles, for replacement only, for areas where the 
     Administrator of General Services does not provide vehicles 
     for lease:  Provided further, That the Director of United 
     States Citizenship and Immigration Services may authorize 
     employees who are assigned to those areas to use such 
     vehicles to travel between the employees' residences and 
     places of employment:  Provided further, That none of the 
     funds made available in this Act for grants for immigrant 
     integration may be used to provide services to aliens who 
     have not been lawfully admitted for permanent residence.

                Federal Law Enforcement Training Center

                         salaries and expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; the purchase of not 
     to exceed 117 vehicles for police-type use and hire of 
     passenger motor vehicles; expenses for student athletic and 
     related activities; the conduct of and participation in 
     firearms matches and presentation of awards; public awareness 
     and enhancement of community support of law enforcement 
     training; room and board for student interns; a flat monthly 
     reimbursement to employees authorized to use personal mobile 
     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $238,957,000; of 
     which up to $48,978,000 shall remain available until 
     September 30, 2013, for materials and support costs of 
     Federal law enforcement basic training; of which $300,000 
     shall remain available until expended to be distributed to 
     Federal law enforcement agencies for expenses incurred 
     participating in training accreditation; and of which not to 
     exceed $10,200 shall be for official reception and 
     representation expenses:  Provided, That the Center is 
     authorized to obligate funds in anticipation of 
     reimbursements from agencies receiving training sponsored by 
     the Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available at the end of the fiscal year:  Provided further, 
     That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
     note), as amended by Public Law 111-83 (123 Stat. 2166), is 
     further amended by striking ``December 31, 2012'' and 
     inserting ``December 31, 2014'':  Provided further, That the 
     Director of the Federal Law Enforcement Training Center shall 
     schedule basic or advanced law enforcement training, or both, 
     at all four training facilities under the control of the 
     Federal Law Enforcement Training Center to ensure that such 
     training facilities are operated at the highest capacity 
     throughout the fiscal year:  Provided further, That the 
     Federal Law Enforcement Training Accreditation Board, 
     including representatives from the Federal law enforcement 
     community and non-Federal accreditation experts involved in 
     law enforcement training, shall lead the Federal law 
     enforcement training accreditation process to continue the 
     implementation of measuring and assessing the quality and 
     effectiveness of Federal law enforcement training programs, 
     facilities, and instructors.

     acquisitions, construction, improvements, and related expenses

       For acquisition of necessary additional real property and 
     facilities, construction, and ongoing maintenance, facility 
     improvements, and related expenses of the Federal Law 
     Enforcement Training Center, $33,456,000, to remain available 
     until expended:  Provided, That the Center is authorized to 
     accept reimbursement to this appropriation from government 
     agencies requesting the construction of special use 
     facilities.

                         Science and Technology

                     management and administration

       For salaries and expenses of the Office of the Under 
     Secretary for Science and Technology and for management and 
     administration of programs and activities, as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.), $143,000,000:  Provided, That not to exceed $8,500 
     shall be for official reception and representation expenses.

           research, development, acquisition, and operations

       For necessary expenses for science and technology research, 
     including advanced research projects; development; test and 
     evaluation; acquisition; and operations; as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.); and the purchase or lease of not to exceed five 
     vehicles, $657,000,000; of which $638,800,000 shall remain 
     available until September 30, 2014, of which not less than 
     $36,563,000 shall be for university programs; and of which 
     $18,200,000, shall remain available until September 30, 2016, 
     for infrastructure upgrades at the Transportation Security 
     Laboratory.

                   Domestic Nuclear Detection Office

                     management and administration

       For salaries and expenses of the Domestic Nuclear Detection 
     Office as authorized by title XIX of the Homeland Security 
     Act of 2002 (6 U.S.C. 591 et seq.), for management and 
     administration of programs and activities, $37,000,000:  
     Provided, That not to exceed $2,500 shall be for official 
     reception and representation expenses:  Provided further, 
     That not later than 180 days after the date of enactment of 
     this Act, the Secretary of Homeland Security shall submit to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a strategic plan of investments necessary 
     to implement the Department of Homeland Security's 
     responsibilities under the domestic component of the global 
     nuclear detection architecture that shall:
       (1) define each Departmental entity's roles and 
     responsibilities in support of the domestic detection 
     architecture, including any existing or planned programs to 
     pre-screen cargo or conveyances overseas;
       (2) identify and describe the specific investments being 
     made by Departmental organizations in fiscal year 2012, and 
     planned for fiscal year 2013, to support the domestic 
     architecture and the security of sea, land, and air pathways 
     into the United States;
       (3) describe the investments necessary to close known 
     vulnerabilities and gaps, including associated costs and 
     timeframes, and estimates of feasibility and cost 
     effectiveness; and
       (4) explain how the Department's research and development 
     funding is furthering the implementation of the domestic 
     nuclear detection architecture, including specific 
     investments planned for each of fiscal years 2012 and 2013.

                 research, development, and operations

       For necessary expenses for radiological and nuclear 
     detection related development, testing, evaluation, and 
     operations, $191,000,000, to remain available until September 
     30, 2014.

                          Systems Acquisition

       For expenses for the Domestic Nuclear Detection Office 
     acquisition and deployment of radiological detection systems 
     in accordance with the global nuclear detection architecture, 
     $40,000,000, to remain available until September 30, 2014:  
     Provided, That none of the funds appropriated under this 
     heading in this Act or any other Act shall be obligated for 
     full-scale procurement of Advanced Spectroscopic Portal 
     monitors until the Secretary of Homeland Security submits to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a report certifying that a significant 
     increase in operational effectiveness will be achieved by 
     such obligation:  Provided further, That the Secretary of 
     Homeland Security shall submit separate and distinct 
     certifications prior to the procurement of Advanced 
     Spectroscopic Portal monitors for primary and secondary 
     deployment that address the unique requirements for 
     operational effectiveness of each type of deployment:  
     Provided further, That the Secretary shall continue to 
     consult with the National Academy of Sciences before making 
     such certifications:  Provided further, That none of the 
     funds appropriated under this heading shall be used for high-
     risk concurrent development and production of mutually 
     dependent software and hardware.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502.  Subject to the requirements of section 503 of 
     this Act, the unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this Act, may be merged with funds in the 
     applicable established accounts, and thereafter may be 
     accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain

[[Page 14382]]

     available for obligation or expenditure in fiscal year 2012, 
     or provided from any accounts in the Treasury of the United 
     States derived by the collection of fees available to the 
     agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that:
       (1) creates a new program, project, or activity;
       (2) eliminates a program, project, office, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by the 
     Congress;
       (4) proposes to use funds directed for a specific activity 
     by either of the Committees on Appropriations of the Senate 
     or the House of Representatives for a different purpose; or
       (5) contracts out any function or activity for which 
     funding levels were requested for Federal full-time 
     equivalents in the object classification tables contained in 
     the fiscal year 2012 Budget Appendix for the Department of 
     Homeland Security, as modified by the joint explanatory 
     statement accompanying this Act, unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2012, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees or proceeds 
     available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for programs, 
     projects, or activities through a reprogramming of funds in 
     excess of $5,000,000 or 10 percent, whichever is less, that:
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or reduces the numbers of personnel by 
     10 percent as approved by the Congress; or
       (3) results from any general savings from a reduction in 
     personnel that would result in a change in existing programs, 
     projects, or activities as approved by the Congress, unless 
     the Committees on Appropriations of the Senate and the House 
     of Representatives are notified 15 days in advance of such 
     reprogramming of funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers:  Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) and shall not be 
     available for obligation unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances that imminently threaten the safety of human 
     life or the protection of property.
       (e) The notification thresholds and procedures set forth in 
     this section shall apply to any use of deobligated balances 
     of funds provided in previous Department of Homeland Security 
     Appropriations Acts.
       Sec. 504.  The Department of Homeland Security Working 
     Capital Fund, established pursuant to section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     as a permanent working capital fund for fiscal year 2012:  
     Provided, That none of the funds appropriated or otherwise 
     made available to the Department of Homeland Security may be 
     used to make payments to the Working Capital Fund, except for 
     the activities and amounts allowed in the President's fiscal 
     year 2012 budget:  Provided further, That funds provided to 
     the Working Capital Fund shall be available for obligation 
     until expended to carry out the purposes of the Working 
     Capital Fund:  Provided further, That all departmental 
     components shall be charged only for direct usage of each 
     Working Capital Fund service:  Provided further, That funds 
     provided to the Working Capital Fund shall be used only for 
     purposes consistent with the contributing component:  
     Provided further, That the Working Capital Fund shall be paid 
     in advance or reimbursed at rates which will return the full 
     cost of each service:  Provided further, That the Working 
     Capital Fund shall be subject to the requirements of section 
     503 of this Act.
       Sec. 505.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2012 from 
     appropriations for salaries and expenses for fiscal year 2012 
     in this Act shall remain available through September 30, 
     2013, in the account and for the purposes for which the 
     appropriations were provided:  Provided, That prior to the 
     obligation of such funds, a request shall be submitted to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives for approval in accordance with section 503 
     of this Act.
       Sec. 506.  Funds made available by this Act for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2012 until the enactment of an Act authorizing 
     intelligence activities for fiscal year 2012.
       Sec. 507.  None of the funds made available by this Act may 
     be used to make a grant allocation, grant award, contract 
     award, Other Transaction Agreement, a task or delivery order 
     on a Department of Homeland Security multiple award contract, 
     or to issue a letter of intent totaling in excess of 
     $1,000,000, or to announce publicly the intention to make 
     such an award, including a contract covered by the Federal 
     Acquisition Regulation, unless the Secretary of Homeland 
     Security notifies the Committees on Appropriations of the 
     Senate and the House of Representatives at least 3 full 
     business days in advance of making such an award or issuing 
     such a letter:  Provided, That if the Secretary of Homeland 
     Security determines that compliance with this section would 
     pose a substantial risk to human life, health, or safety, an 
     award may be made without notification and the Committees on 
     Appropriations of the Senate and the House of Representatives 
     shall be notified not later than 5 full business days after 
     such an award is made or letter issued:  Provided further, 
     That no notification shall involve funds that are not 
     available for obligation:  Provided further, That the 
     notification shall include the amount of the award, the 
     fiscal year for which the funds for the award were 
     appropriated, and the account from which the funds are being 
     drawn:  Provided further, That the Federal Emergency 
     Management Agency shall brief the Committees on 
     Appropriations of the Senate and the House of Representatives 
     5 full business days in advance of announcing publicly the 
     intention of making an award under ``State and Local 
     Programs''.
       Sec. 508.  Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without the advance approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training that cannot be accommodated in existing Center 
     facilities.
       Sec. 509.  None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses for any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus otherwise required under chapter 33 of 
     title 40, United States Code, has not been approved, except 
     that necessary funds may be expended for each project for 
     required expenses for the development of a proposed 
     prospectus.
       Sec. 510.  Sections 520, 522, 528, and 530, of the 
     Department of Homeland Security Appropriations Act, 2008 
     (division E of Public Law 110-161; 121 Stat. 2073 and 2074) 
     shall apply with respect to funds made available in this Act 
     in the same manner as such sections applied to funds made 
     available in that Act.
       Sec. 511.  None of the funds made available in this Act may 
     be used in contravention of the applicable provisions of the 
     Buy American Act (41 U.S.C. 10a et seq.).
       Sec. 512.  None of the funds made available in this Act may 
     be used by any person other than the Privacy Officer 
     appointed under subsection (a) of section 222 of the Homeland 
     Security Act of 2002 (6 U.S.C. 142(a)) to alter, direct that 
     changes be made to, delay, or prohibit the transmission to 
     Congress of any report prepared under paragraph (6) of such 
     subsection.
       Sec. 513.  None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 514.  For fiscal year 2012 and thereafter, none of the 
     funds appropriated by this Act may be used to process or 
     approve a competition under Office of Management and Budget 
     Circular A-76 for services provided as of June 1, 2004, by 
     employees (including employees serving on a temporary or term 
     basis) of United States Citizenship and Immigration Services 
     of the Department of Homeland Security who are known as of 
     that date as Immigration Information Officers, Contact 
     Representatives, or Investigative Assistants.
       Sec. 515.  Within 45 days after the end of each month, the 
     Chief Financial Officer of the Department of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a monthly budget 
     and staffing report for that month that includes total 
     obligations, on-board versus funded full-time equivalent 
     staffing levels, and the number of contract employees for 
     each office of the Department.
       Sec. 516.  Except as provided in section 44945 of title 49, 
     United States Code, funds appropriated or transferred to 
     Transportation Security Administration ``Aviation Security'', 
     ``Administration'' and ``Transportation Security Support'' 
     for fiscal years 2004 and 2005 that are recovered or 
     deobligated shall be available only for the procurement or 
     installation of explosives detection systems, air cargo, 
     baggage, and checkpoint screening systems, subject to 
     notification:  Provided, That quarterly reports shall be 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives on any funds that are 
     recovered or deobligated.
       Sec. 517.  Any funds appropriated to Coast Guard 
     ``Acquisition, Construction, and Improvements'' for fiscal 
     years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot 
     patrol boat conversion that are recovered, collected, or 
     otherwise received as the result of negotiation, mediation, 
     or litigation, shall be available until expended for the Fast 
     Response Cutter program.

[[Page 14383]]

       Sec. 518.  Section 532(a) of Public Law 109-295 (120 Stat. 
     1384) is amended by striking ``2011'' and inserting ``2012 
     and thereafter''.
       Sec. 519.  The functions of the Federal Law Enforcement 
     Training Center instructor staff shall be classified as 
     inherently governmental for the purpose of the Federal 
     Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 520. (a) Except as provided in subsection (b), none of 
     the funds appropriated in this or any other Act to the Office 
     of the Secretary and Executive Management, the Office of the 
     Under Secretary for Management, or the Office of the Chief 
     Financial Officer, may be obligated for a grant or contract 
     funded under such headings by any means other than full and 
     open competition.
       (b) Subsection (a) does not apply to obligation of funds 
     for a contract awarded--
       (1) by a means that is required by a Federal statute, 
     including obligation for a purchase made under a mandated 
     preferential program, including the AbilityOne Program, that 
     is authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 
     et seq.);
       (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
     seq.);
       (3) in an amount less than the simplified acquisition 
     threshold described under section 302A(a) of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     252a(a)); or
       (4) by another Federal agency using funds provided through 
     an interagency agreement.
       (c)(1) Subject to paragraph (2), the Secretary of Homeland 
     Security may waive the application of this section for the 
     award of a contract in the interest of national security or 
     if failure to do so would pose a substantial risk to human 
     health or welfare.
       (2) Not later than 5 days after the date on which the 
     Secretary of Homeland Security issues a waiver under this 
     subsection, the Secretary shall submit notification of that 
     waiver to the Committees on Appropriations of the Senate and 
     the House of Representatives, including a description of the 
     applicable contract and an explanation of why the waiver 
     authority was used. The Secretary may not delegate the 
     authority to grant such a waiver.
       (d) In addition to the requirements established by 
     subsections (a), (b), and (c) of this section, the Inspector 
     General of the Department of Homeland Security shall review 
     departmental contracts awarded through means other than a 
     full and open competition to assess departmental compliance 
     with applicable laws and regulations:  Provided, That the 
     Inspector General shall review selected contracts awarded in 
     the previous fiscal year through means other than a full and 
     open competition:  Provided further, That in selecting which 
     contracts to review, the Inspector General shall consider the 
     cost and complexity of the goods and services to be provided 
     under the contract, the criticality of the contract to 
     fulfilling Department missions, past performance problems on 
     similar contracts or by the selected vendor, complaints 
     received about the award process or contractor performance, 
     and such other factors as the Inspector General deems 
     relevant:  Provided further, That the Inspector General shall 
     report the results of the reviews to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than February 6, 2012.
       Sec. 521.  None of the funds made available in this or any 
     other Act for fiscal years 2012 and thereafter, may be used 
     to enforce section 4025(1) of Public Law 108-458 unless the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration) reverses the determination of July 
     19, 2007, that butane lighters are not a significant threat 
     to civil aviation security.
       Sec. 522.  Funds made available in this Act may be used to 
     alter operations within the Civil Engineering Program of the 
     Coast Guard nationwide, including civil engineering units, 
     facilities design and construction centers, maintenance and 
     logistics commands, and the Coast Guard Academy, except that 
     none of the funds provided in this Act may be used to reduce 
     operations within any Civil Engineering Unit unless 
     specifically authorized by a statute enacted after the date 
     of the enactment of this Act.
       Sec. 523.  None of the funds provided in this Act shall be 
     available to carry out section 872 of the Homeland Security 
     Act of 2002 (6 U.S.C. 452).
       Sec. 524.  None of the funds made available in this Act may 
     be used by United States Citizenship and Immigration Services 
     to grant an immigration benefit unless the results of 
     background checks required by law to be completed prior to 
     the granting of the benefit have been received by United 
     States Citizenship and Immigration Services, and the results 
     do not preclude the granting of the benefit.
       Sec. 525.  None of the funds made available in this Act may 
     be used to destroy or put out to pasture any horse or other 
     equine belonging to the Federal Government that has become 
     unfit for service, unless the trainer or handler is first 
     given the option to take possession of the equine through an 
     adoption program that has safeguards against slaughter and 
     inhumane treatment.
       Sec. 526.  Notwithstanding any other provision of law, none 
     of the funds provided in this or any other Act shall 
     hereafter be used to approve a waiver of the navigation and 
     vessel-inspection laws pursuant to 46 U.S.C. 501 for the 
     transportation of crude oil distributed from the Strategic 
     Petroleum Reserve until the Secretary of Homeland Security, 
     after consultation with the Secretaries of the Departments of 
     Energy and Transportation and representatives from the United 
     States flag maritime industry, takes adequate measures to 
     ensure the use of United States flag vessels:  Provided, That 
     the Secretary shall notify the Committees on Appropriations 
     of the Senate and the House of Representatives, the Committee 
     on Commerce, Science, and Transportation of the Senate, and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives within 48 hours of any request for 
     waivers of navigation and vessel-inspection laws pursuant to 
     46 U.S.C. 501.
       Sec. 527.  None of the funds in this Act shall be used to 
     reduce the United States Coast Guard's Operations Systems 
     Center mission or its government-employed or contract staff 
     levels.
       Sec. 528.  None of the funds appropriated by this Act may 
     be used to conduct, or to implement the results of, a 
     competition under Office of Management and Budget Circular A-
     76 for activities performed with respect to the Coast Guard 
     National Vessel Documentation Center.
       Sec. 529.  Section 831 of the Homeland Security Act of 2002 
     (6 U.S.C. 391) is amended--
       (1) in subsection (a), by striking ``Until September 30, 
     2011,'' and inserting ``Until September 30, 2012,'';
       (2) by striking subsection (b);
       (3) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively; and
       (4) in subsection (c)(1) (as redesignated by paragraph (3) 
     of this section), by striking ``September 30, 2011,'' and 
     inserting ``September 30, 2012,''.
       Sec. 530.  The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes (which outcomes shall be specified in 
     terms of cost, schedule, and performance).
       Sec. 531.  None of the funds made available to the Office 
     of the Secretary and Executive Management under this Act may 
     be expended for any new hires by the Department of Homeland 
     Security that are not verified through the E-Verify Program 
     under section 401 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
       Sec. 532.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act:  Provided, That this section shall apply 
     only to individuals transporting on their person a personal-
     use quantity of the prescription drug, not to exceed a 90-day 
     supply:  Provided further, That the prescription drug may not 
     be--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       Sec. 533.  The Secretary of Homeland Security, in 
     consultation with the Secretary of the Treasury, shall notify 
     the Committees on Appropriations of the Senate and the House 
     of Representatives of any proposed transfers of funds 
     available under section 9703.1 (g)(4)(B) of title 31, United 
     States Code (as added by Public Law 102-393) from the 
     Department of the Treasury Forfeiture Fund to any agency 
     within the Department of Homeland Security:  Provided, That 
     none of the funds identified for such a transfer may be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives approve the proposed 
     transfers.
       Sec. 534.  None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 535. (a) Notwithstanding any other provision of this 
     Act, except as provided in subsection (b), and 30 days after 
     the date that the President determines whether to declare a 
     major disaster because of an event and any appeal is 
     completed, the Administrator shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, and publish on the website of the Federal 
     Emergency Management Agency, a report regarding that 
     decision, which shall summarize damage assessment information 
     used to determine whether to declare a major disaster.
       (b) The Administrator may redact from a report under 
     subsection (a) any data that the Administrator determines 
     would compromise national security.
       (c) In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       Sec. 536. (a) Notwithstanding any other provision of law, 
     if the Secretary of Homeland Security determines that the 
     National Bio- and Agro-defense Facility should be located at 
     a site other than Plum Island, New York, the Secretary shall 
     ensure that the Administrator of General Services sells 
     through public sale all real and related personal property 
     and transportation assets which support Plum Island 
     operations, subject to such terms and conditions as may be 
     necessary to protect Government interests and meet program 
     requirements.

[[Page 14384]]

       (b) The proceeds of such sale described in subsection (a) 
     shall be deposited as offsetting collections into the 
     Department of Homeland Security Science and Technology 
     ``Research, Development, Acquisition, and Operations'' 
     account and, subject to appropriation, shall be available 
     until expended, for site acquisition, construction, and costs 
     related to the construction of the National Bio- and Agro-
     defense Facility, including the costs associated with the 
     sale, including due diligence requirements, necessary 
     environmental remediation at Plum Island, and reimbursement 
     of expenses incurred by the General Services Administration.
       Sec. 537.  Any official that is required by this Act to 
     report or to certify to the Committees on Appropriations of 
     the Senate and the House of Representatives may not delegate 
     such authority to perform that act unless specifically 
     authorized herein.
       Sec. 538.  Section 550(b) of the Department of Homeland 
     Security Appropriations Act, 2007 (Public Law 109-295; 6 
     U.S.C. 121 note), as amended by section 550 of the Department 
     of Homeland Security Appropriations Act, 2010 (Public Law 
     111-83), is further amended by striking ``on October 4, 
     2011'' and inserting ``on October 4, 2012''.
       Sec. 539.  None of the funds appropriated or otherwise made 
     available in this or any other Act may be used to transfer, 
     release, or assist in the transfer or release to or within 
     the United States, its territories, or possessions Khalid 
     Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 540.  For fiscal year 2012 and thereafter, for 
     purposes of section 210C of the Homeland Security Act of 2002 
     (6 U.S.C. 124j), a rural area shall also include any area 
     that is located in a metropolitan statistical area and a 
     county, borough, parish, or area under the jurisdiction of an 
     Indian tribe with a population of not more than 50,000.
       Sec. 541.  None of the funds made available in this Act may 
     be used for first-class travel by the employees of agencies 
     funded by this Act in contravention of sections 301-10.122 
     through 301.10-124 of title 41, Code of Federal Regulations.
       Sec. 542.  None of the funds made available in this Act may 
     be used to propose or effect a disciplinary or adverse 
     action, with respect to any Department of Homeland Security 
     employee who engages regularly with the public in the 
     performance of his or her official duties solely because that 
     employee elects to utilize protective equipment or measures, 
     including but not limited to surgical masks, N95 respirators, 
     gloves, or hand-sanitizers, where use of such equipment or 
     measures is in accord with Department of Homeland Security 
     policy, and Centers for Disease Control and Prevention and 
     Office of Personnel Management guidance.
       Sec. 543.  None of the funds made available in this Act may 
     be used to employ workers described in section 274A(h)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
       Sec. 544. (a) Section 1647(b) of Public Law 112-10 is 
     amended by striking ``provided in this division'' and 
     inserting ``made available in this or any other Act''.
       (b) The amendment made by subsection (a) shall apply to the 
     fiscal year ending September 30, 2012.
       Sec. 545.  For an additional amount for necessary expenses 
     for reimbursement of the actual costs to State and local 
     governments for providing emergency management, public 
     safety, and security at events, as determined by the 
     Administrator of the Federal Emergency Management Agency, 
     related to the presence of a National Special Security Event, 
     $10,000,000, to remain available until September 30, 2013.
       Sec. 546.  Notwithstanding the 10 percent limitation 
     contained in section 503(c) of this Act, the Secretary of 
     Homeland Security may transfer to the fund established by 8 
     U.S.C. 1101 note, up to $20,000,000 from appropriations 
     available to the Department of Homeland Security:  Provided, 
     That the Secretary shall notify the Committees on 
     Appropriations of the Senate and House of Representatives 5 
     days in advance of such transfer.
       Sec. 547.  The administrative law judge annuitants 
     participating in the Senior Administrative Law Judge Program 
     managed by the Director of the Office of Personnel Management 
     under section 3323 of title 5, United States Code, shall be 
     available on a temporary re-employment basis to conduct 
     arbitrations of disputes as part of the arbitration panel 
     established by the President under section 601 of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5; 123 Stat. 164).
       Sec. 548. (a) Any company that collects or retains personal 
     information directly from any individual who participates in 
     the Registered Traveler program of the Transportation 
     Security Administration shall safeguard and dispose of such 
     information in accordance with the requirements in--
       (1) the National Institute for Standards and Technology 
     Special Publication 800-30, entitled ``Risk Management Guide 
     for Information Technology Systems'';
       (2) the National Institute for Standards and Technology 
     Special Publication 800-53, Revision 3, entitled 
     ``Recommended Security Controls for Federal Information 
     Systems and Organizations,''; and
       (3) any supplemental standards established by the Assistant 
     Secretary of Homeland Security, (Transportation Security 
     Administration) (referred to in this section as the 
     ``Assistant Secretary'').
       (b) The airport authority or air carrier operator that 
     sponsors the company under the Registered Traveler program 
     shall be known as the Sponsoring Entity.
       (c) The Assistant Secretary shall require any company 
     covered by subsection (a) to provide, not later than 30 days 
     after the date of the enactment of this Act, to the 
     Sponsoring Entity written certification that the procedures 
     used by the company to safeguard and dispose of information 
     are in compliance with the requirements under subsection (a). 
     Such certification shall include a description of the 
     procedures used by the company to comply with such 
     requirements.
       Sec. 549.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or performance that does not meet 
     the basic requirements of a contract.
       Sec. 550. (a) Not later than 180 days after the date of 
     enactment of this Act, the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) shall 
     submit to the Committees on Appropriations of the Senate and 
     the House of Representatives, a report that either--
       (1) certifies that the requirement for screening all air 
     cargo on passenger aircraft by the deadline under section 
     44901(g) of title 49, United States Code, has been met; or
       (2) includes a strategy to comply with the requirements 
     under title 44901(g) of title 49, United States Code, 
     including--
       (A) a plan to meet the requirement under section 44901(g) 
     of title 49, United States Code, to screen 100 percent of air 
     cargo transported on passenger aircraft arriving in the 
     United States in foreign air transportation (as that term is 
     defined in section 40102 of that title); and
       (B) specification of--
       (i) the percentage of such air cargo that is being 
     screened; and
       (ii) the schedule for achieving screening of 100 percent of 
     such air cargo.
       (b) The Assistant Secretary shall continue to submit 
     reports described in subsection (a)(2) every 180 days 
     thereafter until the Assistant Secretary certifies that the 
     Transportation Security Administration has achieved screening 
     of 100 percent of such air cargo.
       Sec. 551.  In developing any process to screen aviation 
     passengers and crews for transportation or national security 
     purposes, the Secretary of Homeland Security shall ensure 
     that any processes developed take into consideration such 
     passengers' and crews' privacy and civil liberties consistent 
     with applicable laws, regulations, and guidance.
       Sec. 552.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of 
     Homeland Security to enter into any federal contract unless 
     such contract is entered into in accordance with the 
     requirements of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation, unless such contract is otherwise authorized by 
     statute to be entered into without regard to the above 
     referenced statutes.
       Sec. 553. (a) Funds made available by this Act solely for 
     data center migration may be transferred by the Secretary of 
     Homeland Security between appropriations for the same 
     purpose, notwithstanding section 503 of this Act.
       (b) No transfer described in (a) shall occur until 15 days 
     after the Committees on Appropriations of the Senate and the 
     House and Representatives are notified of such transfer.
       (c) In addition to amounts made available in this Act for 
     data center migration, $15,000,000, is available to the 
     Secretary of Homeland Security for data center migration 
     activities.
       Sec. 554.  For fiscal year 2012 and thereafter, U.S. 
     Customs and Border Protection's Advanced Training Center is 
     authorized to charge fees for any service and/or thing of 
     value it provides to Federal Government or non-government 
     entities or individuals, so long as the fees charged do not 
     exceed the full costs associated with the service or thing of 
     value provided:  Provided, That notwithstanding 31 U.S.C. 
     3302(b), fees collected by the Advanced Training Center are 
     to be deposited into a separate account entitled ``Advanced 
     Training Center Revolving Fund'', and be available, without 
     further appropriations, for necessary expenses of the 
     Advanced Training Center program, and are to remain available 
     until expended.
       Sec. 555.  Section 559(e) of Public Law 111-83 is amended--
        (a) in the matter preceding the first proviso, by striking 
     ``law, sell'' and inserting ``law, hereafter sell''; and
       (b) in the first proviso--
       (1) by striking ``shall be deposited'' and inserting 
     ``shall hereafter be deposited''; and
       (2) by striking ``subject to appropriation,'' and inserting 
     ``without further appropriations,''.
       Sec. 556.  Notwithstanding any other provision of law, 
     should the Secretary of Homeland Security determine that 
     specific U.S. Immigration and Customs Enforcement Service 
     Processing Centers or other U.S. Immigration and Customs 
     Enforcement owned detention facilities no longer meet the 
     mission need, the Secretary is authorized to dispose of 
     individual Service Processing Centers or other U.S. 
     Immigration and Customs Enforcement owned detention 
     facilities by directing the Administrator of General Services 
     to sell all real and related personal property

[[Page 14385]]

     which support Service Processing Centers or other U.S. 
     Immigration and Customs Enforcement owned detention 
     facilities, subject to such terms and conditions as necessary 
     to protect Government interests and meet program 
     requirements:  Provided, That the proceeds, net of the costs 
     of sale incurred by the General Services Administration and 
     U.S. Immigration and Customs Enforcement, shall be deposited 
     as offsetting collections into a separate account that shall 
     be available, subject to appropriation, until expended for 
     other real property capital asset needs of existing U.S. 
     Immigration and Customs Enforcement assets, excluding daily 
     operations and maintenance costs, as the Secretary deems 
     appropriate:  Provided further, That any sale or collocation 
     of federally owned detention facilities shall not result in 
     the maintenance of fewer than 33,400 detention beds:  
     Provided further, That the Committees on Appropriations of 
     the Senate and the House of Representatives shall be notified 
     15 days prior to the announcement of any proposed sale or 
     collocation.
       Sec. 557.  For an additional amount for the ``Office of the 
     Under Secretary for Management'', $55,979,000, to remain 
     available until expended, for necessary expenses to plan, 
     acquire, construct, renovate, remediate, equip, furnish, and 
     occupy buildings and facilities for the consolidation of 
     department headquarters at St. Elizabeths and associated 
     mission support consolidation:  Provided, That the Committees 
     on Appropriations of the Senate and House of Representatives 
     shall receive an expenditure plan no later than 60 days after 
     the date of enactment of this Act detailing the allocation of 
     these funds.
       Sec. 558.  Notwithstanding section 44940(c) of title 49, 
     United States Code, the limitation on fees imposed under 
     subsection (a)(1) of such section 44940 may not exceed $4.00 
     per enplanement in air transportation or intrastate air 
     transportation that originates at an airport in the United 
     States, except that the total amount of such fees may not 
     exceed $8 per one-way trip.
       Sec. 559.  None of the funds made available by this Act may 
     be used to enforce the requirements in--
       (1) section 34(a)(1)(A) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));
       (2) section 34(a)(1)(B) of such Act;
       (3) section 34(c)(1) of such Act;
       (4) section 34(c)(2) of such Act;
       (5) section 34(c)(4)(A) of such Act; and
       (6) section 34(a)(1)(E) of such Act.
       Sec. 560.  For fiscal year 2012 and thereafter, 
     notwithstanding section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the 
     event that a spill of national significance occurs, any 
     payment of amounts from the Oil Spill Liability Trust Fund 
     pursuant to section 1012(a)(1) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred by 
     the Coast Guard for such spill, shall be credited directly to 
     the accounts of the Coast Guard that bore the expense or 
     current at the time:  Provided, That such amounts shall be 
     merged with and, without further appropriations, made 
     available for the same time period and the same purpose as 
     the appropriation to which it is credited.
       Sec. 561. (a) Civil Penalties.--Section 46301(a)(5)(A)(i) 
     of title 49, United States Code, is amended--
       (1) by striking ``or chapter 449'' and inserting ``chapter 
     449''; and
       (2) by inserting ``, or section 46314(a)'' after 
     ``44909)''.
       (b) Criminal Penalties.--Section 46314(b) of title 49, 
     United States Code, is amended to read as follows:
       ``(b) Criminal Penalty.--A person violating subsection (a) 
     of this section shall be fined under title 18, imprisoned for 
     not more than 10 years, or both.''.
       (c) Notice of Penalties.--Section 46314 of title 49, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(c) Notice of Penalties.--
       ``(1) In general.--Each operator of an airport in the 
     United States that is required to establish an air 
     transportation security program pursuant to section 44903(c) 
     shall ensure that signs that meet such requirements as the 
     Secretary of Homeland Security may prescribe providing notice 
     of the penalties imposed under sections 46301(a)(5)(A)(i) and 
     subsection (b) of this section, are displayed near all 
     screening locations, all locations where passengers exit the 
     sterile area, and such other locations at the airport as the 
     Secretary of Homeland Security determines appropriate.
       ``(2) Effect of signs on penalties.--An individual shall be 
     subject to the penalty provided for under section 
     46301(a)(5)(A)(i) and subsection (b) of this section without 
     regard to whether signs are displayed at an airport as 
     required by paragraph (1).''.
       Sec. 562. (a) Short Title.--This section may be cited as 
     the ``Disaster Assistance Recoupment Fairness Act of 2011''.
       (b) Debts Since 2005.--
       (1) Definition.--In this section, the term ``covered 
     assistance'' means assistance provided--
       (A) under section 408 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5174); and
       (B) in relation to a major disaster declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     during the period beginning on August 28, 2005, and ending on 
     December 31, 2010.
       (2) Waiver authority.--The Administrator of the Federal 
     Emergency Management Agency--
       (A) subject to subparagraph (B), may waive a debt owed to 
     the United States related to covered assistance provided to 
     an individual or household if--
       (i) the covered assistance was distributed based on an 
     error by the Federal Emergency Management Agency;
       (ii) there was no fault on behalf of the debtor; and
       (iii) the collection of the debt would be against equity 
     and good conscience; and
       (B) may not waive a debt under subparagraph (A) if the debt 
     involves fraud, the presentation of a false claim, or 
     misrepresentation by the debtor or any party having an 
     interest in the claim.
       (3) Reporting.--Not later than 3 months after the date of 
     enactment of this Act, and every 3 months thereafter until 
     the date that is 18 months after the date of enactment of 
     this Act, the Inspector General of the Department of Homeland 
     Security shall submit a report that assesses the cost-
     effectiveness of the efforts of the Federal Emergency 
     Management Agency to recoup improper payments under the 
     Individuals and Household Program under section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Subcommittee on Homeland Security of the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Homeland Security, the Committee on 
     Transportation and Infrastructure, and the Subcommittee on 
     Homeland Security of the Committee on Appropriations of the 
     House of Representatives.
       Sec. 563. (a) Notwithstanding section 312 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act and 
     subject to subsection (b), recipients of Small Business 
     Administration Disaster loans for disaster-related damage to 
     their homes may be eligible for reimbursement at the 
     discretion of the state, under Section 404 of that Act, for 
     documented and eligible mitigation work performed on their 
     home.
       (b) Limitations.--
       (1) Any reimbursement provided to or on behalf of a 
     homeowner pursuant to subsection (a) shall not exceed the 
     amount of the disaster loan that may be used and was used for 
     disaster mitigation activities; and
       (2) Subsection (a) shall only apply if the disaster loan 
     and assistance provided under section 404 were made available 
     in response to the same disaster declaration.
       (3) Shall be applicable only to disasters declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     during the period beginning on August 28, 2005 and ending on 
     August 28, 2006.
       (c) If a state chooses to use funds under section 404 to 
     reimburse homeowners as provided in subsection (a), it shall 
     make payments in the following order:
       (1) First, to the Small Business Administration on behalf 
     of the eligible homeowner for the purpose of reducing, but 
     not below zero, the homeowner's outstanding debt obligation 
     to the Small Business Administration for the disaster loan; 
     and
       (2) Second, any remaining reimbursement shall be paid 
     directly to the homeowner.
       Sec. 564.  Notwithstanding the requirement under section 
     34(a)(1)(A) of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to 
     increase the number of firefighters in fire departments, the 
     Secretary of Homeland Security, in making grants under 
     section 34 of such Act using the funds appropriated for 
     fiscal year 2011, shall grant waivers from the requirements 
     of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of 
     such section: Provided, That section 34(a)(1)(E) of such Act 
     shall not apply with respect to funds appropriated for fiscal 
     year 2011 for grants under section 34 of such Act: Provided 
     further, That the Secretary of Homeland Security, in making 
     grants under section 34 of such Act, shall ensure that funds 
     appropriated for fiscal year 2011 are made available for the 
     hiring, rehiring, or retention of firefighters.

                        (including rescissions)

       Sec. 565. (a) For an additional amount for Coast Guard 
     ``Acquisition, Construction, and Improvements'', $18,300,000, 
     to remain available until September 30, 2014, for aircraft 
     replacement.
       (b) The following amounts are rescinded:
       (1) $7,300,000 from unobligated balances made available for 
     Coast Guard ``Acquisition, Construction, and Improvements'' 
     in chapter 5 of title I of division B of Public Law 110-329.
       (2) $7,000,000 from unobligated balances made available for 
     ``United States Citizenship and Immigration Services'' in 
     chapter 6 of title I of Public Law 111-212.
       (3) $4,000,000 from unobligated balances made available for 
     Transportation Security Administration ``Aviation Security'' 
     in chapter 5 of title III of Public Law 110-28.
       (c) The amount made available in subsection (a) is 
     designated by Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-
     177), as amended.

                             (rescissions)

       Sec. 566.  Of the funds transferred to the Department of 
     Homeland Security when it was created in 2003, the following 
     funds are hereby rescinded from the following accounts and 
     programs in the specified amounts:

[[Page 14386]]

       (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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