Making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes.

Summary: Title I: Department of Homeland Security - Appropriates additional FY2010 amounts to remain available until September 30, 2011, to: (1) U.S. Customs and Border Protection for salaries and expenses related to staffing on the Southwest Border of the United States, construction of up to two Border Patrol forward operating bases along the Southwest Border, and border security fencing, infrastructure, and technology along the Southwest border; (2) U.S. Immigration and Customs Enforcement for salaries and expenses for law enforcement activities along the Southwest Border; and (3) Federal Law Enforcement Training Center training for new U.S. Customs and Border Protection officers and Border Patrol agents.

Appropriates additional FY2010 amounts to remain available until September 30, 2012, for acquisition and deployment of unmanned aircraft systems.

(Sec. 101) Rescinds from unobligated balances certain funds for U.S. Customs and Border Protection, border security fencing, infrastructure, and technology.

Title II: Department of Justice - Appropriates additional FY2010 amounts to remain available until September 30, 2011, for Department of Justice (DOJ) law enforcement activities related to the Southwest Border.

Title III: the Judiciary - Appropriates additional FY2010 amounts to remain available until September 30, 2011, for courts of appeals, district courts, and other judicial services.

States that funding shall be available for transfer between Judiciary accounts to meet increased workload requirements resulting from immigration and other law enforcement initiatives.

Title IV: General Provisions - (Sec. 401) Designates each amount made available under this Act as an emergency requirement and necessary to meet emergency needs.

(Sec. 402) Increases, for the period beginning on the date of the enactment of this Act and ending on September 30, 2014: (1) the L visa (intracompany transfer) nonimmigrant application filing fee and fraud prevention and detection fee by $2,250 for applicants that employ 50 or more employees in the United States if more than 50% of the applicant's employees are L visa or H-1b visa (nonagricultural specialty worker) nonimmigrants; and (2) the H-1b visa application filing fee and fraud prevention and detection fee by $2,000 for applicants that employ 50 or more employees in the United States if more than 50% of the applicant's employees are H-1b or L visa nonimmigrants.

Provides that during such period all amounts collected pursuant to such fee increases shall be deposited in the General Fund of the Treasury.

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010, and for other purposes, namely:

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$356,900,000, to remain available until September 30, 2012, of which 
$78,000,000 shall be for costs to maintain U.S. Customs and Border 
Protection Officer staffing on the Southwest Border of the United 
States, $58,000,000 shall be for hiring additional U.S. Customs and 
Border Protection Officers for deployment at ports of entry on the 
Southwest Border of the United States, $208,400,000 shall be for hiring 
additional Border Patrol agents for deployment to the Southwest Border 
of the United States, $2,500,000 shall be for forward operating bases 
on the Southwest Border of the United States, and $10,000,000 shall be 
to support integrity and background investigation programs: Provided, 
That section 104 shall not apply to $151,000,000 of the amount under 
this heading.

        border security fencing, infrastructure, and technology

    For an additional amount for ``Border Security Fencing, 
Infrastructure, and Technology,'' $14,000,000, to remain available 
until September 30, 2012, for costs of designing, building, and 
deploying tactical communications for support of enforcement activities 
on the Southwest Border of the United States.

 air and marine interdiction, operations, maintenance, and procurement

    For an additional amount for ``Air and Marine Interdiction, 
Operations, Maintenance, and Procurement'', $32,000,000, to remain 
available until September 30, 2012, for costs of acquisition and 
deployment of unmanned aircraft systems.

                 construction and facilities management

    For an additional amount for ``Construction and Facilities 
Management'', $9,000,000, to remain available until September 30, 2012, 
for costs to construct up to three forward operating bases for use by 
the Border Patrol to carry out enforcement activities on the Southwest 
Border of the United States.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $30,000,000 
to remain available until September 30, 2012, for law enforcement 
activities targeted at reducing the threat of violence along the 
Southwest Border of the United States.

                  Federal Emergency Management Agency

                        state and local programs

    For an additional amount for ``State and Local Programs'', 
$50,000,000, to remain available until September 30, 2011, for 
Operation Stonegarden.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $8,100,000, 
to remain available until September 30, 2011, for costs to provide 
basic training for new U.S. Customs and Border Protection Officers and 
Border Patrol agents.

                           GENERAL PROVISIONS

                        (including rescissions)

    Sec. 101.  For an additional amount for the Department of Justice 
for necessary expenses for increased law enforcement activities related 
to Southwest border enforcement, $201,000,000, to remain available 
until September 30, 2012: Provided, That funds shall be distributed to 
the following accounts and in the following specified amounts--
            (1) ``Administrative Review and Appeals'', $2,118,000;
            (2) ``Detention Trustee'', $7,000,000;
            (3) ``Legal Activities, Salaries and Expenses, General 
        Legal Activities'', $3,862,000;
            (4) ``Legal Activities, Salaries and Expenses, United 
        States Attorneys'', $9,198,000;
            (5) ``United States Marshals Service, Salaries and 
        Expenses'', $29,651,000;
            (6) ``United States Marshals Service, Construction'', 
        $8,000,000;
            (7) ``Interagency Law Enforcement, Interagency Crime and 
        Drug Enforcement'', $21,000,000;
            (8) ``Federal Bureau of Investigation, Salaries and 
        Expenses'', $25,262,000;
            (9) ``Drug Enforcement Administration, Salaries and 
        Expenses'', $35,805,000;
            (10) ``Bureau of Alcohol, Tobacco, Firearms and Explosives, 
        Salaries and Expenses'', $39,104,000; and
            (11) ``Federal Prison System, Salaries and Expenses'', 
        $20,000,000.
    Sec. 102. (a) From unobligated balances made available to U.S. 
Customs and Border Protection ``Border Security Fencing, 
Infrastructure, and Technology'', $100,000,000 are rescinded: Provided, 
That section 104 shall not apply to this subsection.
    (b) From unobligated balances of prior year appropriations made 
available for ``Transportation Security Administration--Aviation 
Security'' in chapter 5 of title III of Public Law 110-28, $15,500,000 
are rescinded.
    (c) From unobligated balances of prior year appropriations made 
available for ``Federal Emergency Management Agency--Administrative and 
Regional Operations'' in chapter 4 of title II of Public Law 109-234, 
$34,500,000 are rescinded.
    (d) From unobligated balances of prior year appropriations made 
available for ``Department of Commerce--Bureau of the Census--Periodic 
Censuses and Programs'' in title I of Public Law 111-117; 123 Stat. 
3115, $51,000,000 are rescinded:  Provided, That section 104 shall not 
apply to this subsection.
    Sec. 103.  Notwithstanding any other provision of law, from 
available funds, the Department of Defense shall pay in fiscal years 
2010 and 2011 the full costs associated with the deployment of the 
National Guard along the Southwest Border of the United States.
    Sec. 104.  Each amount made available herein is designated as an 
emergency requirement and necessary to meet emergency needs pursuant to 
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.
     This Act may be cited as the ``Emergency Border Security 
Supplemental Appropriations Act, 2010''.

            Passed the House of Representatives July 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.