PUBLIC LAW 111–83—OCT. 28, 2009 

DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2010 


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123 STAT. 2142 PUBLIC LAW 111–83—OCT. 28, 2009 

Public Law 111–83 

111th Congress 

An Act 

Making appropriations for the Department of Homeland Security for the fiscal 

year ending September 30, 2010, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 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, 2010, and for other 

purposes, namely: 

TITLE I 

DEPARTMENTAL MANAGEMENT AND 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, 

$147,818,000: Provided, That not to exceed $60,000 shall be for 

official reception and representation expenses, of which $20,000 

shall be made available to the Office of Policy solely to host Visa 

Waiver Program negotiations in Washington, DC: Provided further, 

That $15,000,000 shall not be available for obligation for the Office 

of Policy until the Secretary submits an expenditure plan for the 

Office of Policy for fiscal year 2010: 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. 

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), 

$254,190,000, of which not less than $1,000,000 shall be for logistics 

training; and of which not to exceed $3,000 shall be for official 

reception and representation expenses: Provided, That of the total 

amount made available under this heading, $5,500,000 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 

Expenditure 

plan. 

Department of 

Homeland 

Security 

Appropriations 

Act of 2010. 

Oct. 28, 2009 

[H.R. 2892] 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2143 

Complex; and $17,131,000 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), $60,530,000, of which $11,000,000 shall 

remain available until expended for financial systems consolidation 

efforts: Provided, That of the total amount made available under 

this heading, $5,000,000 shall not be obligated until the Chief 

Financial Officer or an individual acting in such capacity submits 

a financial management improvement plan that addresses the recommendations outlined in the Department of Homeland Security 

Office of Inspector General report OIG–09–72, including yearly 

measurable milestones, to the Committees on Appropriations of 

the Senate and the House of Representatives: Provided further, That the plan described in the preceding proviso shall be submitted 

not later than January 4, 2010. 

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, $338,393,000; of which $86,912,000 shall be available for 

salaries and expenses; and of which $251,481,000, to remain available until expended, shall be available for development and acquisition of information technology equipment, software, services, and 

related activities for the Department of Homeland Security: Provided, That of the total amount appropriated, not less than $82,788,000 shall be available for data center development, of which 

not less than $38,540,145 shall be available for power capabilities 

upgrades at Data Center One (National Center for Critical Information Processing and Storage): Provided further, That the Chief 

Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not more 

than 60 days after the date of enactment of this Act, an expenditure 

plan for all information technology acquisition projects that: (1) 

are funded under this heading; or (2) are funded by multiple components of the Department of Homeland Security through reimbursable agreements: Provided further, That such expenditure plan 

shall include each specific project funded, key milestones, all 

funding sources for each project, details of annual and lifecycle 

costs, and projected cost savings or cost avoidance to be achieved 

by the project. 

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.), $335,030,000, of which 

not to exceed $5,000 shall be for official reception and representation 

expenses; and of which $190,862,000 shall remain available until 

September 30, 2011: Provided, That none of the funds provided 

in this or any other Act shall be available to commence operations 

of the National Immigration Information Sharing Operation or any 

follow-on entity until the Secretary certifies that such program 

Certification. 

Notification. 

Deadline. 

Expenditure 

plan. 

Deadline. 

Financial plan. 


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123 STAT. 2144 PUBLIC LAW 111–83—OCT. 28, 2009 

complies with all existing laws, including all applicable privacy 

and civil liberties standards, the Comptroller General of the United 

States notifies the Committees on Appropriations of the Senate 

and the House of Representatives and the Secretary that the Comptroller has reviewed such certification, and the Secretary notifies 

the Committees on Appropriations of the Senate and the House 

of Representatives of all funds to be expended on operations of 

the National Immigration Information Sharing Operation or any 

follow-on entity pursuant to section 503 of this Act. 

OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST

REBUILDING

For necessary expenses of the Office of the Federal Coordinator 

for Gulf Coast Rebuilding, $2,000,000. 

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.), $113,874,000, of which not to exceed $150,000 

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 4,500 (4,000 for replacement only) police-type vehicles; 

and contracting with individuals for personal services abroad; 

$8,064,713,000, of which $3,226,000 shall be derived from the 

Harbor Maintenance Trust Fund for administrative expenses 

related to the collection of the Harbor Maintenance Fee pursuant 

to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 

U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 

Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 

to exceed $45,000 shall be for official reception and representation 

expenses; of which not less than $309,629,000 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; and of which not more than 

$800,000 shall be for procurement of portable solar charging 

Determination. rechargeable battery systems: Provided, That for fiscal year 2010, 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2145 

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 of the total amount pro- vided, $1,700,000 shall remain available until September 30, 2011, 

for the Global Advanced Passenger Information/Passenger Name 

Record Program. 

AUTOMATION MODERNIZATION

For expenses for U.S. Customs and Border Protection auto- mated systems, $422,445,000, to remain available until expended, 

of which not less than $227,960,000 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, $800,000,000, to remain available until expended: Provided, That of the total amount made available under this heading, $75,000,000 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 Secretary 

of Homeland Security, 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, that includes— 

(1) a detailed accounting of the program’s implementation 

to date for all investments, including technology and tactical 

infrastructure, for funding already expended relative to system 

capabilities or services, system performance levels, mission 

benefits and outcomes, milestones, cost targets, program 

management capabilities, identification of the maximum investment, including life-cycle costs, related to the Secure Border 

Initiative program or any successor program, and description 

of the methodology used to obtain these cost figures; 

(2) a description of how specific projects will further the 

objectives of the Secure Border Initiative, as defined in the 

Department of Homeland Security Secure Border Plan, and 

how the expenditure plan allocates funding to the highest priority border security needs; 

(3) an explicit plan of action defining how all funds are 

to be obligated to meet future program commitments, with 

the planned expenditure of funds linked to the milestone-based 

Expenditure 

plan. 

Deadline. 

Deadline. 

Reports. 


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123 STAT. 2146 PUBLIC LAW 111–83—OCT. 28, 2009 

delivery of specific capabilities, services, performance levels, 

mission benefits and outcomes, and program management 

capabilities; 

(4) an identification of staffing, including full-time equivalents, contractors, and detailees, by program office; 

(5) a description of how the plan addresses security needs 

at the Northern border and ports of entry, including infrastructure, technology, design and operations requirements, specific 

locations where funding would be used, and priorities for 

Northern border activities; 

(6) a report on budget, obligations and expenditures, the 

activities completed, and the progress made by the program 

in terms of obtaining operational control of the entire border 

of the United States; 

(7) a listing of all open Government Accountability Office 

and Office of Inspector General recommendations related to 

the program and the status of Department of Homeland Security actions to address the recommendations, including milestones to fully address such recommendations; 

(8) a certification by the Chief Procurement Officer of the 

Department including all supporting documents or memoranda, 

and documentation and a description of the investment review 

processes used to obtain such certifications, that— 

(A) the program has been reviewed and approved in 

accordance with the investment management process of 

the Department, and that the process fulfills all capital 

planning and investment control requirements and reviews 

established by the Office of Management and Budget, 

including as provided in Circular A–11, part 7; 

(B) the plans for the program comply with the Federal 

acquisition rules, requirements, guidelines, and practices, 

and a description of the actions being taken to address 

areas of non-compliance, the risks associated with such 

actions, together with any plans for addressing these risks, 

and the status of the implementation of such actions; and 

(C) procedures to prevent conflicts of interest between 

the prime integrator and major subcontractors are established and that the Secure Border Initiative Program Office 

has adequate staff and resources to effectively manage 

the Secure Border Initiative program and all contracts 

under such program, including the exercise of technical 

oversight; 

(9) a certification by the Chief Information Officer of the 

Department including all supporting documents or memoranda, 

and documentation and a description of the investment review 

processes used to obtain such certifications that— 

(A) the system architecture of the program has been 

determined to be sufficiently aligned with the information 

systems enterprise architecture of the Department to minimize future rework, including a description of all aspects 

of the architectures that were or were not assessed in 

making the alignment determination, the date of the alignment determination, and any known areas of misalignment 

together with the associated risks and corrective actions 

to address any such areas; 

(B) the program has a risk management process that 

regularly and proactively identifies, evaluates, mitigates, 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2147 

and monitors risks throughout the system life-cycle and 

communicates high-risk conditions to U.S. Customs and 

Border Protection and Department of Homeland Security 

investment decision-makers, as well as a listing of all the 

program’s high risks and the status of efforts to address 

such risks; and 

(C) an independent verification and validation agent 

is currently under contract for the projects funded under 

this heading; 

(10) a certification by the Chief Human Capital Officer 

of the Department that the human capital needs of the Secure 

Border Initiative program are being addressed so as to ensure 

adequate staff and resources to effectively manage the Secure 

Border Initiative; and 

(11) an analysis by the Secretary for each segment, defined 

as not more than 15 miles, of fencing or tactical infrastructure, 

of the selected approach compared to other, alternative means 

of achieving operational control, including cost, level of operational control, possible unintended effects on communities, 

and other factors critical to the decisionmaking process: 

Provided further, That the Secretary shall report to the Committees 

on Appropriations of the Senate and the House of Representatives 

on the progress of the program, and obligations and expenditures 

for all outstanding task orders, as well as specific objectives to 

be achieved through the award of current and remaining task 

orders planned for the balance of available appropriations, at least 

15 days before the award of any task order requiring an obligation 

of funds in an amount greater than $25,000,000 and before the 

award of a task order that would cause cumulative obligations 

of funds to exceed 50 percent of the total amount appropriated: 

Provided further, That none of the funds made available under 

this heading may be obligated unless the Department has complied 

with section 102(b)(1)(C)(i) of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and 

the Secretary certifies such to the Committees on Appropriations 

of the Senate and the House of Representatives: Provided further, 

That none of the funds made available under this heading may 

be obligated for any project or activity for which the Secretary 

has exercised waiver authority pursuant to section 102(c) of the 

Illegal Immigration Reform and Immigrant Responsibility Act of 

1996 (8 U.S.C. 1103 note) until 15 days have elapsed from the 

date of the publication of the decision in the Federal Register. 

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, and rental 

payments for facilities occupied by the air or marine interdiction 

and demand reduction programs, 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, 

Waiver authority. 

Deadline. 

Federal Register, 

publication. 

Certification. 

Reports. 

Deadline. 


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123 STAT. 2148 PUBLIC LAW 111–83—OCT. 28, 2009 

and local agencies in other law enforcement and emergency humanitarian efforts, $519,826,000, to remain available until expended: 

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 2010 

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, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs, immigration, 

and border security, $319,570,000, to remain available until 

expended; of which $39,700,000 shall be for constructing and equipping the Advanced Training Center; and of which not more than 

$3,500,000 shall be for acquisition, design, and construction of U.S. 

Customs and Border Protection Air and Marine facilities at El 

Paso International Airport, Texas: Provided, That for fiscal year 

2011 and thereafter, the annual budget submission of U.S. Customs 

and Border Protection for ‘‘Construction and Facilities Management’’ 

shall, in consultation with the General Services Administration, 

include a detailed 5-year plan for all Federal land border port 

of entry projects with a yearly update of total projected future 

funding needs delineated by land port of entry. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and 

customs laws, detention and removals, and investigations; and purchase and lease of up to 3,790 (2,350 for replacement only) policetype vehicles; $5,342,134,000, of which not to exceed $7,500,000 

shall be available until expended for conducting special operations 

under section 3131 of the Customs Enforcement Act of 1986 (19 

U.S.C. 2081); of which not to exceed $15,000 shall be for official 

reception and representation expenses; of which not to exceed 

$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; 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, 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 Child labor. 

Waiver authority. 

Plans. 

Deadline. 

6 USC 214 note. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2149 

be for activities in fiscal year 2010 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 

$200,000,000 shall remain available until September 30, 2011: Provided further, That the Secretary, or the designee of the Secretary, 

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 

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, 2010: 

Provided further, That of the total amount provided, not less than 

$2,545,180,000 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, 2011, for the Visa Security Program: 

Provided further, That none of the funds provided under this 

heading may be used to continue a delegation of law enforcement 

authority authorized under section 287(g) of the Immigration and 

Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 

Security Inspector General determines that the terms of the agreement governing the delegation of authority have been violated: 

Provided further, That none of the funds provided under this 

heading may be used to continue any contract for the provision 

of detention services if the two most recent overall performance 

evaluations received by the contracted facility are less than ‘‘adequate’’ or the equivalent median score in any subsequent performance evaluation system: Provided further, That nothing under this 

heading shall prevent U.S. Immigation 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: Provided further, That none of the 

funds provided under this heading may be obligated to collocate 

field offices of U.S. Immigration and Customs Enforcement until 

the Secretary of Homeland Security submits to the Committees 

on Appropriations of the Senate and the House of Representatives 

a plan for the nationwide implementation of the Alternatives to 

Detention Program that identifies: (1) the funds required for nationwide program implementation; (2) the timeframe for achieving 

nationwide program implementation; and (3) an estimate of the 

number of individuals who could be enrolled in a nationwide program. 

AUTOMATION MODERNIZATION

(INCLUDING TRANSFER OF FUNDS)

For expenses of immigration and customs enforcement automated systems, $90,000,000, to remain available until expended: 

Provided, That of the funds made available under this heading, Expenditure 

plan. 

Implementation 

plan. 

Contracts. 

Determination. 

Detention beds. 

Aliens. 

Reports. 

Deadlines. 

Aliens. 


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123 STAT. 2150 PUBLIC LAW 111–83—OCT. 28, 2009 

$10,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive 

an expenditure plan prepared by the Secretary of Homeland Security: Provided further, That of the total amount provided under this heading, up to $10,000,000 may be transferred to U.S. Immigration and Customs Enforcement ‘‘Salaries and Expenses’’ account 

for data center migration. 

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $4,818,000, to remain available until expended: Provided, That 

none of the funds made available in this Act may be used to 

solicit or consider any request to privatize facilities currently owned 

by the United States Government and used to detain aliens unlawfully present in the United States until the Committees on Appropriations of the Senate and the House of Representatives receive 

a plan for carrying out that privatization. 

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), $5,214,040,000, to remain 

available until September 30, 2011, of which not to exceed $10,000 

shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading, not 

to exceed $4,358,076,000 shall be for screening operations, of which 

$1,116,406,000 shall be available for explosives detection systems; 

and not to exceed $855,964,000 shall be for aviation security direction and enforcement: Provided further, That of the amount made 

available in the preceding proviso for explosives detection systems, 

$778,300,000 shall be available for the purchase and installation 

of these systems, of which not less than 28 percent shall be available 

for the purchase and installation of certified explosives detection 

systems at medium- and small-sized airports: 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 of the total amount provided, $1,250,000 

shall be made available for Safe Skies Alliance to develop and 

enhance research and training capabilities for Transportation Security Officer improvised explosive recognition training: 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-fordollar basis as such offsetting collections are received during fiscal 

year 2010, so as to result in a final fiscal year appropriation 

from the general fund estimated at not more than $3,114,040,000: 

Provided further, That any security service fees collected in excess 

Fees. 

Explosive 

detection 

systems. 

Privatization 

plan. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2151 

of the amount made available under this heading shall become 

available during fiscal year 2011: 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, $110,516,000, to remain available until September 30, 2011. 

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, $171,999,000, to remain available 

until September 30, 2011. 

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), 

$1,001,780,000, to remain available until September 30, 2011: Provided, That of the funds appropriated under this heading, 

$20,000,000 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 2010: 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, $860,111,000. 

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 $26,000,000; minor shore construction projects not 

Deadline. 

Expenditure 

plans. 


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123 STAT. 2152 PUBLIC LAW 111–83—OCT. 28, 2009 

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; $6,805,391,000, of which 

$581,503,000 shall be for defense-related activities, of which 

$241,503,000 is designated as being for overseas deployments and 

other activities pursuant to sections 401(c)(4) and 423(a)(1) of S. 

Con. Res. 13 (111th Congress), the concurrent resolution on the 

budget for fiscal year 2010; 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 $20,000 shall be for official 

reception and representation expenses; and of which $3,600,000 

shall be available until expended for the cost of repairing, rehabilitating, altering, modifying, and making improvements, including 

customized tenant improvements, to any replacement or expanded 

Operations Systems Center facility: Provided, That none of the 

funds made available by this or any other Act shall be available 

for administrative expenses in connection with shipping commissioners in the United States: Provided further, 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 yacht 

owners and credited to this appropriation: Provided further, That 

the Coast Guard shall comply with the requirements of section 

527 of Public Law 108–136 with respect to the Coast Guard 

Academy: Provided further, That of the funds provided under this 

heading, $50,000,000 shall be withheld from obligation for Headquarters Directorates until: (1) the fiscal year 2010 second quarter 

acquisition report required by Public Law 108–7 and the fiscal 

year 2008 joint explanatory statement accompanying Public Law 

110–161; (2) the Revised Deepwater Implementation Plan; and (3) 

the future-years capital investment plan for fiscal years 2011– 

2015 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 deployments 

and other activities pursuant to sections 401(c)(4) and 423(a)(1) 

of S. Con. Res. 13 (111th Congress), the concurrent resolution 

on the budget for fiscal year 2010, 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, $13,198,000, 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; 

$133,632,000. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation, 

and improvement of aids to navigation, shore facilities, vessels, 

Reports. 

Joint explanatory 

statement. 

Plans. 

Coast Guard. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2153 

and aircraft, including equipment related thereto; and maintenance, 

rehabilitation, lease and operation of facilities and equipment, as 

authorized by law; $1,537,080,000, 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 $121,000,000 shall be available 

until September 30, 2014, to acquire, repair, renovate, or improve 

vessels, small boats, and related equipment; of which $129,500,000 

shall be available until September 30, 2012, for other equipment; 

of which $27,100,000 shall be available until September 30, 2012, 

for shore facilities and aids to navigation facilities, including not 

less than $300,000 for the Coast Guard Academy Pier and not 

less than $16,800,000 for Coast Guard Station Cleveland Harbor; 

of which $105,200,000 shall be available for personnel compensation 

and benefits and related costs; and of which $1,154,280,000 shall 

be available until September 30, 2014, for the Integrated Deepwater 

Systems program: Provided, That of the funds made available for 

the Integrated Deepwater Systems program, $269,000,000 is for 

aircraft and $730,680,000 is for surface ships: Provided further, 

That the Secretary of Homeland Security shall submit to the 

Committees on Appropriations of the Senate and the House of 

Representatives, in conjunction with the President’s fiscal year 

2011 budget, a review of the Revised Deepwater Implementation 

Plan that identifies any changes to the plan for the fiscal year; 

an annual performance comparison of Integrated Deepwater Systems program assets to pre-Deepwater legacy assets; a status report 

of such legacy assets; a detailed explanation of how the costs of 

such legacy assets are being accounted for within the Integrated 

Deepwater Systems program; and the earned value management 

system gold card data for each Integrated Deepwater Systems program asset: Provided further, That the Secretary shall submit to 

the Committees on Appropriations of the Senate and the House 

of Representatives, in conjunction with the fiscal year 2011 budget 

request, a comprehensive review of the Revised Deepwater 

Implementation Plan, and every 5 years thereafter, that includes 

a complete projection of the acquisition costs and schedule for 

the duration of the plan: Provided further, That the Secretary 

shall annually submit to the Committees on Appropriations of the 

Senate and the House of Representatives, at the time that the 

President’s budget is submitted under section 1105(a) of title 31, 

United States Code, a future-years capital investment plan for 

the Coast Guard that identifies for each capital budget line item— 

(1) the proposed appropriation included in that budget; 

(2) the total estimated cost of completion; 

(3) projected funding levels for each fiscal year for the 

next 5 fiscal years or until project completion, whichever is 

earlier; 

(4) an estimated completion date at the projected funding 

levels; and 

(5) changes, if any, in the total estimated cost of completion 

or estimated completion date from previous future-years capital 

investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives: 

Provided further, That the Secretary shall ensure that amounts 

specified in the future-years capital investment plan are consistent, 

to the maximum extent practicable, with proposed appropriations 

necessary to support the programs, projects, and activities of the 

Deadline. 

Investment plan. 

14 USC 663 note. 

Review. 

Deadline. 

14 USC 663 note. 

Review. 

Reports. 

Data. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2154 PUBLIC LAW 111–83—OCT. 28, 2009 

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 

the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and 

Iraq Accountability Appropriations Act, 2007 (Public Law 110–28) 

shall apply to fiscal year 2010. 

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive 

bridges, as authorized by section 6 of the Truman-Hobbs Act (33 

U.S.C. 516), $4,000,000, to remain available until expended: Provided, That of the amounts made available under this heading, $4,000,000 shall be for the Fort Madison Bridge in Fort Madison, 

Iowa. 

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; $24,745,000, to remain available until expended, 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, $1,361,245,000, 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 

Applicability. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2155 

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; $1,478,669,000, of which not to exceed $25,000 

shall be for official reception and representation expenses; of which 

not to exceed $100,000 shall be to provide technical assistance 

and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and 

related support of investigations of missing and exploited children; 

and of which $6,000,000 shall be for a grant for activities related 

to the investigations of missing and exploited children and shall 

remain available until expended: Provided, That up to $18,000,000 

for protective travel shall remain available until September 30, 

2011: Provided further, That up to $1,000,000 for National Special 

Security Events shall remain available until expended: Provided 

further, That the United States Secret Service is authorized to 

obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States 

Code, receiving training sponsored by the James J. Rowley Training 

Center, except that total obligations at the end of the fiscal year 

shall not exceed total budgetary resources available under this 

heading at the end of the fiscal year: Provided further, That none 

of the funds made available under this heading shall be available 

to compensate any employee for overtime in an annual amount 

in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount 

as necessary for national security purposes: Provided further, That 

none of the funds made available to the United States Secret 

Service by this Act or by previous appropriations Acts may be 

made available for the protection of the head of a Federal agency 

other than the Secretary of Homeland Security: Provided further, 

That the Director of the United States Secret Service may enter 

into an agreement to perform such service on a fully reimbursable 

basis: Provided further, That of the total amount made available 

under this heading, $33,960,000, to remain available until 

expended, is for information technology modernization: Provided 

further, That none of the funds made available in the preceding 

proviso shall be obligated to purchase or install information technology equipment until the Chief Information Officer of the Department of Homeland Security submits a report to the Committees 

on Appropriations of the Senate and the House of Representatives 

certifying that all plans for such modernization 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 

Notification. 

Deadline. 

Reports. 

Certification. 

Waiver authority. 


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123 STAT. 2156 PUBLIC LAW 111–83—OCT. 28, 2009 

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, $3,975,000, to remain 

available until expended. 

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, $44,577,000: Provided, That not to exceed 

$5,000 shall be for official reception and representation expenses. 

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.), 

$899,416,000, of which $760,155,000 shall remain available until 

September 30, 2011: Provided, That of the amount made available 

under this heading, $161,815,000 may not be obligated for the 

National Cyber Security Division program and $12,500,000 may 

not be obligated for the Next Generation Networks program until 

the Committees on Appropriations of the Senate and the House 

of Representatives receive and approve a plan for expenditure for 

each of these programs that describes the strategic context of the 

program, the specific goals and milestones set for the program, 

and the funds allocated to achieving each of those goals and milestones: Provided further, That of the total amount provided, no less than: $20,000,000 is for the National Infrastructure Simulation 

and Analysis Center; $1,000,000 is for Philadelphia infrastructure 

monitoring; $3,500,000 is for State and local cyber security training; 

$3,000,000 is for the Power and Cyber Systems Protection, Analysis, 

and Testing Program at the Idaho National Laboratory; $3,500,000 

is for the Cyber Security Test Bed and Evaluation Center; 

$3,000,000 is for the Multi-State Information Sharing and Analysis 

Center; $500,000 is for the Virginia Operational Integration Cyber 

Center of Excellence; $100,000 is for the Upstate New York Cyber 

Initiative; and $1,000,000 is for interoperable communications, technical assistance, and outreach programs. 

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 

Certification. and for the operations of the Federal Protective Service: Provided, Deadline. 

Expenditure 

plan. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2157 

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, 2009, that the operations of the Federal Protective Service will be fully funded in 

fiscal year 2010 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 1,200 full-time equivalent staff and 900 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’’). 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

For necessary expenses for the development of the United 

States Visitor and Immigrant Status Indicator Technology project, 

as authorized by section 110 of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), 

$373,762,000, to remain available until expended: 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 $28,000,000 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, 

$139,250,000, of which $30,411,000 is for salaries and expenses: 

Provided, That $108,839,000 shall remain available until September 

30, 2011, for biosurveillance, BioWatch, medical readiness planning, 

chemical response, and other activities, including $5,000,000 for 

the North Carolina Collaboratory for Bio-Preparedness, University 

of North Carolina, Chapel Hill: Provided further, That not to exceed 

$3,000 shall be for official reception and representation expenses. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

MANAGEMENT AND ADMINISTRATION

For necessary expenses for management and administration 

of the Federal Emergency Management Agency, $797,650,000, 

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 

Expenditure 

plan. 

Deadline. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2158 PUBLIC LAW 111–83—OCT. 28, 2009 

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 $3,000 shall be for official reception 

and representation expenses: 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 $36,300,000 shall remain 

available until September 30, 2011, for capital improvements at 

the Mount Weather Emergency Operations Center: Provided further, That of the total amount made available under this heading, 

$32,500,000 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 $6,995,000 shall be for the Office 

of National Capital Region Coordination: 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, $3,015,200,000 shall be allocated as follows: 

(1) $950,000,000 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, $60,000,000 shall be for Operation 

Stonegarden: Provided further, That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2010, 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) $887,000,000 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, $19,000,000 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) $35,000,000 shall be for Regional Catastrophic 

Preparedness Grants. 

(4) $41,000,000 shall be for the Metropolitan Medical 

Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723). 

(5) $13,000,000 shall be for the Citizen Corps Program. 

(6) $300,000,000 shall be for Public Transportation Security 

Assistance and Railroad Security Assistance, under sections 

Determination. 

Puerto Rico. 

West Virginia. 

Pennsylvania. 

Disaster 

evacuation. 

Federal budget. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2159 

1406 and 1513 of the Implementing Recommendations of the 

9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 

1135 and 1163), 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. 

(7) $300,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c). 

(8) $12,000,000 shall be for Over-the-Road Bus Security 

Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public 

Law 110–53; 6 U.S.C. 1182). 

(9) $50,000,000 shall be for Buffer Zone Protection Program 

Grants. 

(10) $50,000,000 shall be for the Driver’s License Security 

Grants Program in accordance with section 204 of the REAL 

ID Act of 2005 (49 U.S.C. 30301 note). 

(11) $50,000,000 shall be for the Interoperable Emergency 

Communications Grant Program under section 1809 of the 

Homeland Security Act of 2002 (6 U.S.C. 579). 

(12) $60,000,000 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, of which no less than 

the amount specified for each Emergency Operations Center 

shall be provided as follows: $500,000, Benton County Emergency Management Commission, Iowa; $100,000, Brazoria 

County Emergency Management, Texas; $800,000, Butte-Silver 

Bow, Montana; $338,000, Calvert County Department of Public 

Safety, Maryland; $425,000, City of Alamosa Fire Department, 

Colorado; $600,000, City of Ames, Iowa; $250,000, City of 

Boerne, Texas; $500,000, City of Brawley, California; $300,000, 

City of Brigantine, New Jersey; $350,000, City of Brookings, 

Oregon; $1,000,000, City of Chicago, Illinois; $1,000,000, City 

of Commerce, California; $300,000, City of Cupertino, California; $1,000,000, City of Detroit, Michigan; $750,000, City 

of Elk Grove, California; $400,000, City of Green Cove Springs, 

Florida; $600,000, City of Greenville, North Carolina; $300,000, 

City of Hackensack, New Jersey; $800,000, City of Hartford, 

Connecticut; $250,000, City of Hopewell, Virginia; $254,500, 

City of La Habra, California; $600,000, City of Las Vegas, 

Nevada; $750,000, City of Lauderdale Lakes, Florida; $750,000, 

City of Minneapolis, Minnesota; $375,000, City of Monterey 

Park, California; $400,000, City of Moreno Valley, California; 

$1,000,000, City of Mount Vernon, New York; $1,000,000, City 

of Newark, New Jersey; $900,000, City of North Little Rock, 

Arkansas; $350,000, City of Palm Coast, Florida; $750,000, 

City of Port Gibson, Mississippi; $500,000, City of Scottsdale, 

Arizona; $750,000, City of Sunrise, Florida; $500,000, City of 

Tavares, Florida; $400,000, City of Torrington, Connecticut; 

$900,000, City of Whitefish, Montana; $500,000, City of Whittier, California; $500,000, City of Wichita, Kansas; $500,000, 

Columbia County, Oregon; $500,000, County of Union, New 

Jersey; $400,000, Dorchester County, South Carolina; $200,000, 

Fulton County (Atlanta) Emergency Management Agency, 

Georgia; $250,000, Howell County Emergency Preparedness, 

Missouri; $500,000, Jackson County Sheriff’s Office, Missouri; 


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123 STAT. 2160 PUBLIC LAW 111–83—OCT. 28, 2009 

$750,000, Johnson County, Texas; $500,000, Kentucky Emergency Management, Kentucky; $800,000, Lake County, Florida; 

$600,000, Lea County, New Mexico; $1,000,000, Lincoln County, 

Washington; $250,000, Lycoming County, Pennsylvania; 

$250,000, Macomb County Emergency Management and 

Communications, Michigan; $300,000, Mercer County Emergency Management Agency, Kentucky; $1,000,000, Middle Rio 

Grande Development Council, Texas; $250,000, Minooka Fire 

Protection District, Illinois; $800,000, Mobile County Commission, Alabama; $200,000, Monroe County, Florida; $1,000,000, 

Morris County, New Jersey Office of Emergency Management, 

New Jersey; $750,000, New Orleans Emergency Medical Services, Louisiana; $1,000,000, North Carolina Office of Emergency 

Management, North Carolina; $500,000, North Hudson 

Regional Fire and Rescue, New Jersey; $980,000, North Louisiana Regional, Lincoln Parish, Louisiana; $1,500,000, Ohio 

Emergency Management Agency, Columbus, Ohio; $250,000, 

Passaic County Prosecutor’s Office, New Jersey; $980,000, City 

of Providence, Rhode Island; $800,000, San Francisco Department of Emergency Management, California; $300,000, Sarasota County, Florida; $650,000, Scotland County, North Carolina; $500,000, Somerset County, Maine; $1,500,000, State of 

Maryland, Maryland; $158,000, City of Maitland, Florida; 

$500,000, Tohono O’odham Nation; $75,000, Towamencin Township, Pennsylvania; $275,000, Town of Harrison, New York; 

$500,000, Town of Shorter, Alabama; $750,000, Township of 

Irvington, New Jersey; $500,000, Township of Old Bridge, New 

Jersey; $247,000, Township of South Orange Village, South 

Orange, New Jersey; $500,000, Upper Darby Township Police 

Department, Pennsylvania; $165,000, Village of Elmsford, New 

York; $350,000, Washington Parish Government, Louisiana; 

$900,000, Westmoreland County Department of Public Safety, 

Pennsylvania; $1,000,000, Williamsburg County, South Carolina; and $20,000, Winston County Commission, Alabama. 

(13) $267,200,000 shall be for training, exercises, technical 

assistance, and other programs, of which— 

(A) $164,500,000 shall be for the National Domestic 

Preparedness Consortium in accordance with section 1204 

of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102), of which $62,500,000 

shall be for the Center for Domestic Preparedness; 

$23,000,000 shall be for the National Energetic Materials 

Research and Testing Center, New Mexico Institute of 

Mining and Technology; $23,000,000 shall be for the 

National Center for Biomedical Research and Training, 

Louisiana State University; $23,000,000 shall be for the 

National Emergency Response and Rescue Training Center, 

Texas A&M University; $23,000,000 shall be for the 

National Exercise, Test, and Training Center, Nevada Test 

Site; $5,000,000 shall be for the Natural Disaster Preparedness Training Center, University of Hawaii, Honolulu, 

Hawaii; $5,000,000 shall be for surface transportation 

emergency preparedness and response training to be 

awarded under full and open competition; 

(B) $1,700,000 shall be for the Center for Counterterrorism and Cyber Crime, Norwich University, Northfield, 

Vermont; and 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2161 

(C) $3,000,000 shall be for the Rural Domestic 

Preparedness Consortium, Eastern Kentucky University: 

Provided, That 4 percent of the amounts provided under this 

heading shall be transferred to the Federal Emergency Management 

Agency ‘‘Management and Administration’’ 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 (6) through 

(11), the applications for grants shall be made available to eligible 

applicants not later than 30 days after the date of enactment 

of this Act, that eligible applicants shall submit applications within 

45 days after the grant announcement, and that the Federal Emergency Management Agency shall act not later than 60 days after 

receipt of an application: Provided further, That for grants under 

paragraphs (1) and (2), the installation of communications towers 

is not considered construction of a building or other physical facility: 

Provided further, That grantees shall provide reports on their use 

of funds, as determined necessary by the Secretary: Provided further, That (a) the Center for Domestic Preparedness may provide 

training to emergency response providers from the Federal Government, foreign governments, or private entities, if the Center 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, 

and (b) the head of the Center for Domestic Preparedness shall 

ensure that any training provided under (a) does not interfere 

with the primary mission of the Center to train State and local 

emergency response providers. 

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.), 

$810,000,000, of which $390,000,000 shall be available to carry 

out section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall 

be available to carry out section 34 of that Act (15 U.S.C. 2229a), 

to remain available until September 30, 2011: Provided, That not 

to exceed 5 percent of the amount available under this heading 

shall be available 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 of the date of enactment of this Act. 

Expenditure 

plan. 

Deadline. 

Reports. 

Determination. 

Deadlines. 

Deadlines. 

Expenditure 

plan. 

Deadline. 


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123 STAT. 2162 PUBLIC LAW 111–83—OCT. 28, 2009 

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.), 

$340,000,000: Provided, That total administrative costs shall not 

exceed 3 percent of the total amount appropriated under this 

heading, 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 of the date of 

enactment of this Act. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2010, 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, 2010, 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.), 

$45,588,000. 

DISASTER RELIEF

(INCLUDING TRANSFERS 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.), $1,600,000,000, to remain available until expended: Provided, That the Federal Emergency Management Agency shall 

submit an expenditure plan to the Committees on Appropriations 

of the Senate and the House of Representatives detailing the use 

of the funds for disaster readiness and support 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 in spending: 

Provided further, That of the total amount provided, $16,000,000 

shall be transferred to the Department of Homeland Security Office 

of Inspector General for audits and investigations related to disasters, subject to section 503 of this Act: Provided further, That 

Deadlines. 

Reports. 

Expenditure 

plan. 

Deadline. 

Fees. 

Effective date. 

Expenditure 

plan. 

Deadline. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2163 

$105,600,000 shall be transferred to Federal Emergency Management Agency ‘‘Management and Administration’’ for management 

and administration functions: Provided further, That the amount 

provided in the previous proviso shall not be available for transfer 

to ‘‘Management and Administration’’ until the Federal Emergency 

Management Agency submits an expenditure plan to the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That the Federal Emergency Management 

Agency shall submit the monthly ‘‘Disaster Relief’’ report, as specified in Public Law 110–161, to the Committees on Appropriations 

of the Senate and the House of Representatives, and include the 

amounts provided to each Federal agency for mission assignments: 

Provided further, That for any request for reimbursement from 

a Federal agency to the Department of Homeland Security to cover 

expenditures under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any mission 

assignment orders issued by the Department for such purposes, 

the Secretary of Homeland Security shall take appropriate steps 

to ensure that each agency is periodically reminded of Department 

policies on— 

(1) the detailed information required in supporting documentation for reimbursements; and 

(2) the necessity for timeliness of agency billings. 

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 MAP MODERNIZATION FUND

For necessary expenses under section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and 

such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), 

to remain available until expended: Provided, That total administrative costs shall not exceed 3 percent of the total amount appropriated under this heading. 

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.), $146,000,000, 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)), which is available as follows: (1) not to exceed 

$38,680,000 for salaries and expenses associated with flood mitigation and flood insurance operations; and (2) no less than 

$107,320,000 for flood plain management and flood mapping, which 

shall remain available until September 30, 2011: Provided, That 

any additional fees collected pursuant to section 1308(d) of the 

Deadlines. 

Reports. 

Expenditure 

plan. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2164 PUBLIC LAW 111–83—OCT. 28, 2009 

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 2010, 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) $85,000,000 for operating expenses; 

(2) $969,370,000 for commissions and taxes of agents; (3) such 

sums as are necessary for interest on Treasury borrowings; and 

(4) $120,000,000, which shall remain available until expended for 

flood mitigation actions, of which $70,000,000 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 is for repetitive 

insurance claims properties under section 1323 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4030), and of which 

$40,000,000 is for flood mitigation assistance under section 1366 

of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 

notwithstanding subparagraphs (B) and (C) of subsection (b)(3) 

and subsection (f) of section 1366 of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7) 

of section 1310 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4017): Provided further, That amounts collected under section 102 of the Flood Disaster Protection Act of 1973 and section 

1366(i) of the National Flood Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund to supplement other 

amounts specified as available for section 1366 of the National 

Flood Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 

4104c(i), and 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), $100,000,000, to remain available until 

expended and to be obligated as detailed in the joint explanatory 

statement accompanying this Act: Provided, That the total administrative costs associated with such grants shall not exceed 3 percent 

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.), $200,000,000, 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, $224,000,000, of which $50,000,000 is for processing applications for asylum or refugee status; of which $5,000,000 is for the 

processing of military naturalization applications; and of which 

$137,000,000 is for the basic pilot program (E-Verify Program), 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2165 

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 of the amounts made available for the 

basic pilot program (E-Verify Program), $30,000,000 shall remain 

available until September 30, 2011: Provided further, 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 under this heading may be obligated for processing 

applications for asylum or refugee status unless the Secretary of 

Homeland Security has published a final rule updating part 103 

of title 8, Code of Federal Regulations, to discontinue the asylum/ 

refugee surcharge: Provided further, That none of the funds made 

available under this heading may be obligated for development 

of the ‘‘REAL ID hub’’ until the Committees on Appropriations 

of the Senate and the House of Representatives receive a plan 

for expenditure for that program that describes the strategic context 

of the program, the specific goals and milestones set for the program, and the funds allocated for achieving each of these goals 

and milestones: 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; $239,356,000, of 

which up to $47,751,000 shall remain available until September 

30, 2011, for materials and support costs of Federal law enforcement 

basic training; of which $300,000 shall remain available until 

expended for Federal law enforcement agencies participating in 

training accreditation, to be distributed as determined by the Federal Law Enforcement Training Center for the needs of participating 

agencies; and of which not to exceed $12,000 shall be for official 

reception and representation expenses: Provided, That the Center 

is authorized to obligate funds in anticipation of reimbursements 

from agencies receiving training sponsored by the Center, except 

that total obligations at the end of the fiscal year shall not exceed 

Aliens. 

Expenditure 

plan. 

Refugees. 

Regulations. 

Federal Register, 

publication. 


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123 STAT. 2166 PUBLIC LAW 111–83—OCT. 28, 2009 

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 110–329 (122 Stat. 

3677), is further amended by striking ‘‘December 31, 2011’’ and 

inserting ‘‘December 31, 2012’’: 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: 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. 

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, $43,456,000, 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.), $143,200,000: 

Provided, That not to exceed $10,000 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.); $863,271,000, 

of which $713,083,000, to remain available until September 30, 

2012; and of which $150,188,000, to remain available until September 30, 2014, solely for Laboratory Facilities: Provided, That 

not less than $20,865,000 shall be available for the Southeast 

Region Research Initiative at the Oak Ridge National Laboratory: 

Provided further, That not less than $3,000,000 shall be available 

for Distributed Environment for Critical Infrastructure Decisionmaking Exercises: Provided further, That not less than $12,000,000 

shall be for construction expenses of the Pacific Northwest National 

Laboratory: Provided further, That not less than $2,000,000 shall 

be for the Cincinnati Urban Area partnership established through 

the Regional Technology Integration Initiative: Provided further, 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2167 

That not less than $10,000,000 shall be available for the National 

Institute for Hometown Security, Kentucky: Provided further, That 

not less than $2,000,000 shall be available for the Naval Postgraduate School: Provided further, That not less than $1,000,000 

shall be available to continue a homeland security research, development, and manufacturing pilot project: Provided further, That not 

less than $500,000 shall be available for a demonstration project 

to develop situational awareness and decision support capabilities 

through remote sensing technologies: Provided further, That not 

less than $4,000,000 shall be available for a pilot program to develop 

a replicable port security system that would improve maritime 

domain awareness: Provided further, That $32,000,000 shall be 

for the National Bio- and Agro-defense Facility, of which up to 

$2,000,000 may be obligated for the National Academy of Sciences 

to complete the Letter Report required in section 560(b) of this 

Act. 

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.) as amended, for management and 

administration of programs and activities, $38,500,000: Provided, 

That not to exceed $3,000 shall be for official reception and representation expenses. 

RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research, 

development, testing, evaluation, and operations, $324,537,000, to 

remain available until September 30, 2012. 

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, $20,000,000, to 

remain available until September 30, 2012: Provided, That none 

of the funds appropriated under this heading in this Act or any 

other Act shall be obligated for full-scale procurement of Advanced 

Spectroscopic Portal monitors until the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate 

and the House of Representatives a report certifying that a significant increase in operational effectiveness will be achieved by such 

obligation: Provided further, That the Secretary shall submit separate and distinct certifications prior to the procurement of Advanced 

Spectroscopic Portal monitors for primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment: Provided further, That the Secretary shall continue to consult with the National Academy of 

Sciences before making such certifications: Provided further, That 

none of the funds appropriated under this heading shall be used 

for high-risk concurrent development and production of mutually 

dependent software and hardware. 

Consultation. 

Reports. 

Certifications. 


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123 STAT. 2168 PUBLIC LAW 111–83—OCT. 28, 2009 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 502. Subject to the requirements of section 503 of this 

Act, the unexpended balances of prior appropriations provided for 

activities in this Act may be transferred to appropriation accounts 

for such activities established pursuant to this Act, may be merged 

with funds in the applicable established accounts, and thereafter 

may be accounted for as one fund for the same time period as 

originally enacted. 

SEC. 503. (a) None of the funds provided by this Act, provided 

by previous appropriations Acts to the agencies in or transferred 

to the Department of Homeland Security that remain available 

for obligation or expenditure in fiscal year 2010, 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 2010 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 2010, 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 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 

Notifications. 

Deadlines. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2169 

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. 

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 2010: 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 2010 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 such 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 2010 from appropriations for salaries 

and expenses for fiscal year 2010 in this Act shall remain available 

through September 30, 2011, 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 2010 until the enactment of 

an Act authorizing intelligence activities for fiscal year 2010. 

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 

Grants. 

Contracts. 

Notification. 

Deadlines. 

Approval request. 

31 USC 1501 

note. 


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123 STAT. 2170 PUBLIC LAW 111–83—OCT. 28, 2009 

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 which 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 519, 520, 522, 528, 530, and 531 of the 

Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161; 121 Stat. 2072, 2073, 2074, 2082) 

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 to amend the oath of allegiance required by section 337 

of the Immigration and Nationality Act (8 U.S.C. 1448). 

SEC. 513. 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. 514. (a) The Assistant Secretary of Homeland Security 

(Transportation Security Administration) shall work with air carriers and airports to ensure that the screening of cargo carried 

on passenger aircraft, as defined in section 44901(g)(5) of title 

49, United States Code, increases incrementally each quarter until 

the requirement of section 44901(g)(2)(B) of title 49 is met. 

Deadlines. 

Reports. 

Air carriers and 

airports. 

Applicability. 

Contracts. 

Briefing. 

Deadline. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2171 

(b) Not later than 45 days after the end of each quarter, 

the Assistant Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report 

on air cargo inspection statistics by airport and air carrier detailing 

the incremental progress being made to meet the requirement of 

section 44901(g)(2)(B) of title 49, United States Code. 

(c) Not later than 180 days after the date of the enactment 

of this Act, the Assistant Secretary shall submit to the Committees 

on Appropriations of the Senate and the House of Representatives, 

a report on how the Transportation Security Administration plans 

to meet the requirement for screening all air cargo on passenger 

aircraft by the deadline under section 44901(g) of title 49, United 

States Code. The report shall identify the elements of the system 

to screen 100 percent of cargo transported between domestic airports 

at a level of security commensurate with the level of security 

for the screening of passenger checked baggage. 

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, 

2005, 2006, 2007, and 2008 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 Replacement Patrol Boat (FRC–B) program. 

SEC. 518. (a) None of the funds provided by this or any other 

Act may be obligated for the development, testing, deployment, 

or operation of any portion of a human resources management 

system authorized by section 9701(a) of title 5, United States Code, 

or by regulations prescribed pursuant to such section, for an 

employee, as that term is defined in section 7103(a)(2) of such 

title. 

(b) The Secretary of Homeland Security shall collaborate with 

employee representatives in the manner prescribed in section 

9701(e) of title 5, United States Code, in the planning, testing, 

and development of any portion of a human resources management 

system that is developed, tested, or deployed for persons excluded 

from the definition of employee as that term is defined in section 

7103(a)(2) of such title. 

SEC. 519. Section 532(a) of Public Law 109–295 (120 Stat. 

1384) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 

Collaboration. 

Deadline. 

Reports. 

Notification. 

Deadline. 

Reports. 


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123 STAT. 2172 PUBLIC LAW 111–83—OCT. 28, 2009 

SEC. 520. 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. 521. (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 5, 2010. 

SEC. 522. Except as provided in paragraphs (1) and (2) of 

this section, none of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as 

Waiver authority. 

Reports. 

Deadline. 

Review. 

Deadline. 

Notification. 

Waiver authority. 

Grants. 

Contracts. 

Classified 

information. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2173 

a Principal Federal Official, or any successor position, for any 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5121 et seq.) declared disasters or emergencies— 

(1) The Secretary of Homeland Security may waive the 

application of this section provided that any field position 

appointed pursuant to this waiver shall not hold the title of 

Principal Federal Official, shall functionally report through the 

Federal Coordinating Officer appointed under section 302 of 

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143), and shall be subject to the provisions 

of subsection (c) of section 319 of title 6, United States Code. 

The Secretary may not delegate the authority to grant such 

a waiver. 

(2) Not later than 10 business days after the date on 

which the Secretary of Homeland Security issues a waiver 

under this section, the Secretary shall submit notification of 

that waiver to the Committees on Appropriations of the Senate 

and the House of Representatives, the Transportation and 

Infrastructure Committee of the House of Representatives, and 

the Homeland Security and Governmental Affairs Committee 

of the Senate explaining the circumstances necessitating the 

waiver, describing the specific role of any officials appointed 

pursuant to the waiver, and outlining measures taken to ensure 

compliance with subsection (c) of section 319 and subsections 

(c)(3) and (c)(4)(A) of section 313 of title 6, United States 

Code. 

SEC. 523. None of the funds made available in this or any 

other Act 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. 524. 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. 525. 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. 526. 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. 527. 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. 

Equine. 

Butane lighters. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 2174 PUBLIC LAW 111–83—OCT. 28, 2009 

SEC. 528. None of the funds provided in this Act under the 

heading ‘‘Office of the Chief Information Officer’’ shall be used 

for data center development other than for Data Center One 

(National Center for Critical Information Processing and Storage) 

until the Chief Information Officer certifies that Data Center One 

is fully utilized as the Department’s primary data storage center 

at the highest capacity throughout the fiscal year. 

SEC. 529. 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. 530. 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. 531. 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, 2009’’ 

and inserting ‘‘Until September 30, 2010,’’; and 

(2) in subsection (d)(1), by striking ‘‘September 30, 2009,’’ 

and inserting ‘‘September 30, 2010,’’. 

SEC. 532. 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. 533. 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 basic pilot program (E-Verify 

Program) under section 401 of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 534. 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. 535. None of the funds made available in this Act may 

be used by the Secretary of Homeland Security or any delegate 

of the Secretary to issue any rule or regulation which implements 

the Notice of Proposed Rulemaking related to Petitions for Aliens 

To Perform Temporary Nonagricultural Services or Labor (H–2B) 

set out beginning on 70 Fed. Reg. 3984 (January 27, 2005). 

SEC. 536. The Secretary of Homeland Security, in consultation 

with the Secretary of the Treasury, shall notify the Committees 

on Appropriations of the Senate and the House of Representatives 

of any proposed transfers of funds available under subsection 

(g)(4)(B) of title 31, Unites States Code (as added by Public Law 

Notification. 

Applicability. 

Drugs and drug 

abuse. 

Contracts. 

Certification. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2175 

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. 537. None of the funds made available in this Act may 

be used for planning, testing, piloting, or developing a national 

identification card. 

SEC. 538. If the Assistant Secretary of Homeland Security 

(Transportation Security Administration) determines that an airport does not need to participate in the basic pilot program (EVerify Program) under section 402 of the Illegal Immigration 

Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

note), the Assistant Secretary shall certify to the Committees on 

Appropriations of the Senate and the House of Representatives 

that no security risks will result from such non-participation. 

SEC. 539. (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. 540. Notwithstanding any other provision of law, should 

the Secretary of Homeland Security determine that the National 

Bio- and Agro-defense Facility be located at a site other than 

Plum Island, New York, the Secretary shall have the Administrator 

of General Services sell through public sale all real and related 

personal property and transportation assets which support Plum 

Island operations, subject to such terms and conditions as necessary 

to protect government interests and meet program requirements: 

Provided, That the gross proceeds of such sale 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 which shall not exceed 1 percent of the sale price 

or $5,000,000, whichever is greater: Provided further, That after Notification. 

Deadline. 

New York. 

Real property. 

Definitions. 

Deadline. 

President. 

Web posting. 

Reports. 

Certification. 

National 

identification 

card. 


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123 STAT. 2176 PUBLIC LAW 111–83—OCT. 28, 2009 

the completion of construction and environmental remediation, the 

unexpended balances of funds appropriated for costs in the preceding proviso shall be available for transfer to the appropriate 

account for design and construction of a consolidated Department 

of Homeland Security Headquarters project, excluding daily operations and maintenance costs, notwithstanding section 503 of this 

Act, and the Committees on Appropriations of the Senate and 

the House of Representatives shall be notified 15 days prior to 

such transfer. 

SEC. 541. The explanatory statement referenced in section 4 

of Public Law 110–161 for ‘‘National Predisaster Mitigation Fund’’ 

under Federal Emergency Management Agency is deemed to be 

amended— 

(1) by striking ‘‘Dalton Fire District’’ and all that follows 

through ‘‘750,000’’ and inserting the following: 

‘‘Franklin Regional Council of Governments, MA ....... 250,000

Town of Lanesborough, MA .......................................... 175,000

University of Massachusetts, MA ................................. 175,000’’; 

(2) by striking ‘‘Santee and’’; 

(3) by striking ‘‘3,000,000’’ and inserting ‘‘1,500,000’’; 

(4) by inserting after the item relating to Adjutant General’s Office of Emergency Preparedness the following: 

‘‘Town of Branchville, SC .............................................. 1,500,000’’; 

and 

(5) by striking ‘‘Public Works Department of the City of 

Santa Cruz, CA’’ and inserting ‘‘Monterey County Water 

Resources Agency, CA’’. 

SEC. 542. Any official that is required by this Act to report 

or certify to the Committees on Appropriations of the Senate and 

the House of Representatives may not delegate such authority 

to perform that act unless specifically authorized herein. 

SEC. 543. Section 203(m) of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is 

amended by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2010’’. 

SEC. 544. (a) Not later than 3 months after the date of enactment of this Act, the Secretary of Homeland Security shall consult 

with the Secretaries of Defense and Transportation and develop 

a concept of operations for unmanned aircraft systems in the United 

States national airspace system for the purposes of border and 

maritime security operations. 

(b) The Secretary of Homeland Security shall report to the 

Committees on Appropriations of the Senate and the House of 

Representatives not later than 30 days after the date of enactment 

of this Act on any foreseeable challenges to complying with subsection (a). 

SEC. 545. From unobligated amounts that are available to 

the Coast Guard for fiscal year 2008 or 2009 for ‘‘Acquisition, 

Construction, and Improvements’’ for shoreside facilities and aids 

to navigation at Coast Guard Sector Buffalo, the Secretary of Homeland Security shall use such sums as may be necessary to make 

improvements to the land along the northern portion of Sector 

Deadlines. 

Consultation. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2177 

Buffalo to enhance public access to the Buffalo Lighthouse and 

the waterfront. 

SEC. 546. For fiscal year 2010 and thereafter, the Secretary 

may provide to personnel appointed or assigned to serve abroad, 

allowances and benefits similar to those provided under chapter 

9 of title I of the Foreign Service Act of 1990 (22 U.S.C. 4081 

et seq.). 

SEC. 547. Section 401(b) of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

is amended by striking ‘‘at the end of the 11-year period beginning 

on the first day the pilot program is in effect.’’ and inserting 

‘‘on September 30, 2012.’’. 

SEC. 548. Section 610(b) of the Departments of Commerce, 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking ‘‘for 

15 years’’ and inserting ‘‘until September 30, 2012’’. 

SEC. 549. (a) In addition to collection of registration fees 

described in section 244(c)(1)(B) of the Immigration and Nationality 

Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting services, 

biometric services, and other necessary services may be collected 

when administering the program described in section 244 of such 

Act. 

(b) Subsection (a) shall be construed to apply for fiscal year 

1998 and each fiscal year thereafter. 

SEC. 550. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 

note) is amended by striking ‘‘three years after the date of enactment of this Act’’ and inserting ‘‘on October 4, 2010’’. 

SEC. 551. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), 

and 405(b)(2) of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (division C of Public Law 104–208; 8 

U.S.C. 1324a note) are amended by striking ‘‘basic pilot program’’ 

each place that term appears and inserting ‘‘E-Verify Program’’. 

(2) The heading of section 403(a) of the Illegal Immigration 

Reform and Immigrant Responsibility Act of 1996 is amended by 

striking ‘‘Basic Pilot’’ and inserting ‘‘E-Verify’’. 

(b) Section 404(h)(1) of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 

1324a note) is amended by striking ‘‘under a pilot program’’ and 

inserting ‘‘under this subtitle’’. 

SEC. 552. (a) None of the funds made available in this or 

any other Act may be used to release an individual who is detained, 

as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 

into the continental United States, Alaska, Hawaii, or the District 

of Columbia, into any of the United States territories of Guam, 

American Samoa (AS), the United States Virgin Islands (USVI), 

the Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI). 

(b) None of the funds made available in this or any other 

Act may be used to transfer an individual who is detained, as 

of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the 

Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI), for the purpose of detention, 

except as provided in subsection (c). 

Detainees. 

Cuba. 

Applicability. 

8 USC 1254b. 

6 USC 416. 


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123 STAT. 2178 PUBLIC LAW 111–83—OCT. 28, 2009 

(c) None of the funds made available in this or any other 

Act may be used to transfer an individual who is detained, as 

of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the 

Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI), for the purposes of prosecuting 

such individual, or detaining such individual during legal proceedings, until 45 days after the plan described in subsection (d) 

is received. 

(d) The President shall submit to Congress, in classified form, 

a plan regarding the proposed disposition of any individual covered 

by subsection (c) who is detained as of June 24, 2009. Such plan 

shall include, at a minimum, each of the following for each such 

individual: 

(1) A determination of the risk that the individual might 

instigate an act of terrorism within the continental United 

States, Alaska, Hawaii, the District of Columbia, or the United 

States territories if the individual were so transferred. 

(2) A determination of the risk that the individual might 

advocate, coerce, or incite violent extremism, ideologically motivated criminal activity, or acts of terrorism, among inmate 

populations at incarceration facilities within the continental 

United States, Alaska, Hawaii, the District of Columbia, or 

the United States territories if the individual were transferred 

to such a facility. 

(3) The costs associated with transferring the individual 

in question. 

(4) The legal rationale and associated court demands for 

transfer. 

(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7). 

(6) A copy of a notification to the Governor of the State 

to which the individual will be transferred, to the Mayor of 

the District of Columbia if the individual will be transferred 

to the District of Columbia, or to any United States territories 

with a certification by the Attorney General of the United 

States in classified form at least 14 days prior to such transfer 

(together with supporting documentation and justification) that 

the individual poses little or no security risk to the United 

States. 

(7) An assessment of any risk to the national security 

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer and the actions taken to mitigate such risk. 

(e) None of the funds made available in this or any other 

Act may be used to transfer or release an individual detained 

at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, 

to the country of such individual’s nationality or last habitual 

residence or to any other country other than the United States 

or to a freely associated State, unless the President submits to 

the Congress, in classified form, at least 15 days prior to such 

transfer or release, the following information: 

(1) The name of any individual to be transferred or released 

and the country or the freely associated State to which such 

individual is to be transferred or released. 

President. 

Classified 

information. 

Deadline. 

Notification. 

Deadline. 

President. 

Classified 

information. 

Disposition plan. 

Deadline. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2179 

(2) An assessment of any risk to the national security 

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer or release and the actions taken to mitigate such 

risk. 

(3) The terms of any agreement with the country or the 

freely associated State for the acceptance of such individual, 

including the amount of any financial assistance related to 

such agreement. 

(f) None of the funds made available in this Act may be used 

to provide any immigration benefit (including a visa, admission 

into the United States or any of the United States territories, 

parole into the United States or any of the United States territories 

(other than parole for the purposes of prosecution and related 

detention), or classification as a refugee or applicant for asylum) 

to any individual who is detained, as of June 24, 2009, at Naval 

Station, Guantanamo Bay, Cuba. 

(g) In this section, the term ‘‘freely associated States’’ means 

the Federated States of Micronesia (FSM), the Republic of the 

Marshall Islands (RMI), and the Republic of Palau. 

(h) Prior to the termination of detention operations at Naval 

Station, Guantanamo Bay, Cuba, the President shall submit to 

the Congress a report in classified form describing the disposition 

or legal status of each individual detained at the facility as of 

the date of enactment of this Act. 

SEC. 553. Section 44903(j)(2)(C) of title 49, United States Code, 

is amended by adding at the end the following new clause: 

‘‘(v) INCLUSION OF DETAINEES ON NO FLY LIST.— 

The Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the No Fly 

List any individual who was a detainee held at the 

Naval Station, Guantanamo Bay, Cuba, unless the 

President certifies in writing to Congress that the 

detainee poses no threat to the United States, its citizens, or its allies. For purposes of this clause, the 

term ‘detainee’ means an individual in the custody 

or under the physical control of the United States 

as a result of armed conflict.’’. 

SEC. 554. For fiscal year 2010 and thereafter, the Secretary 

of Homeland Security may collect fees from any non-Federal participant in a conference, seminar, exhibition, symposium, or similar 

meeting conducted by the Department of Homeland Security in 

advance of the conference, either directly or by contract, and those 

fees shall be credited to the appropriation or account from which 

the costs of the conference, seminar, exhibition, symposium, or 

similar meeting are paid and shall be available to pay the costs 

of the Department of Homeland Security with respect to the conference or to reimburse the Department for costs incurred with 

respect to the conference: Provided, That in the event the total 

amount of fees collected with respect to a conference exceeds the 

actual costs of the Department of Homeland Security with respect 

to the conference, the amount of such excess shall be deposited 

into the Treasury as miscellaneous receipts: Provided further, That 

the Secretary shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives not later 

than January 5, 2011, providing the level of collections and a 

Reports. 

Deadline. 

Fees. 

6 USC 469a. 

Definition. 

Cuba. 

President. 

Certification. 

President. 

Reports. 

Classified 

information. 

Definition. 


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123 STAT. 2180 PUBLIC LAW 111–83—OCT. 28, 2009 

summary by agency of the purposes and levels of expenditures 

for the prior fiscal year, and shall report annually thereafter. 

SEC. 555. 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. 556. 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. 557. 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. 558. 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. 559. (a) Subject to subsection (b), none of the funds appropriated or otherwise made available by this Act may be available 

to operate the Loran-C signal after January 4, 2010. 

(b) The limitation in subsection (a) shall take effect only if: 

(1) the Commandant of the Coast Guard certifies that 

the termination of the operation of the Loran-C signal as of 

the date specified in subsection (a) will not adversely impact 

the safety of maritime navigation; and 

(2) the Secretary of Homeland Security certifies that the 

Loran-C system infrastructure is not needed as a backup to 

the Global Positioning System or to meet any other Federal 

navigation requirement. 

(c) If the certifications described in subsection (b) are made, 

the Coast Guard shall, commencing January 4, 2010, terminate 

the operation of the Loran-C signal and commence a phased 

decommissioning of the Loran-C system infrastructure. 

(d) Not later than 30 days after such certifications pursuant 

to subsection (b), the Commandant shall submit to the Committees 

on Appropriations of the Senate and House of Representatives 

a report setting forth a proposed schedule for the phased decommissioning of the Loran-C system infrastructure in the event of the 

decommissioning of such infrastructure in accordance with subsection (c). 

(e) If the certifications described in subsection (b) are made, 

the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, may, notwithstanding any other provision of law, sell any real and personal property under the administrative control of the Coast Guard and used for the Loran-C system, 

by directing the Administrator of General Services to sell such 

real and personal property, subject to such terms and conditions 

that the Secretary believes to be necessary to protect government 

interests and program requirements of the Coast Guard: Provided, 

That the proceeds, less the costs of sale incurred by the General 

Deadline. 

Reports. 

Certifications. 

Termination 

date. 

Urban and rural 

areas. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2181 

Services Administration, shall be deposited as offsetting collections 

into the Coast Guard ‘‘Environmental Compliance and Restoration’’ 

account and, subject to appropriation, shall be available until 

expended for environmental compliance and restoration purposes 

associated with the Loran-C system, for the costs of securing and 

maintaining equipment that may be used as a backup to the Global 

Positioning System or to meet any other Federal navigation requirement, for the demolition of improvements on such real property, 

and for the costs associated with the sale of such real and personal 

property, including due diligence requirements, necessary environmental remediation, and reimbursement of expenses incurred by 

the General Services Administration: Provided further, That after 

the completion of such activities, the unexpended balances shall 

be available for any other environmental compliance and restoration 

activities of the Coast Guard. 

SEC. 560. (a) None of the funds made available by this Act 

may be obligated for construction of the National Bio- and Agrodefense Facility on the United States mainland until 30 days after 

the later of: 

(1) the date on which the Secretary of Homeland Security 

submits to the Committee on Appropriations of the Senate 

and the House of Representatives a site-specific bio-safety and 

bio-security mitigation risk assessment, which includes an 

integrated set of analyses using plume modeling and epidemiologic impact modeling, to determine the requirements necessary 

to ensure safe operation of the National Bio- and Agro-defense 

Facility at the approved Manhattan, Kansas, site identified 

in the January 16, 2009, record of decision published in Federal 

Register Vol. 74, Number 11, and the results of the National 

Academy of Sciences’ review of the risk assessment as described 

in paragraph (b): Provided, That the integrated set of analyses 

is to determine the extent of the dispersion of the foot-andmouth virus following a potential laboratory spill, the potential 

spread of foot-and-mouth disease in the surrounding susceptible 

animal population, and its economic impact: Provided further, 

That the integrated set of analyses should also take into account 

specific local, State, and national risk mitigation strategies; 

or 

(2) the date on which the Secretary of Homeland Security, 

in coordination with the Secretary of Agriculture, submits to 

the Committees on Appropriations of the Senate and the House 

of Representatives a report that: 

(A) describes the procedure that will be used to issue 

the permit to conduct foot-and-mouth disease live virus 

research under section 7524 of the Food, Conservation, 

and Energy Act of 2008 (21 U.S.C. 113a note; Public Law 

110–246); and 

(B) includes plans to establish an emergency response 

plan with city, regional, and State officials in the event 

of an accidental release of foot-and-mouth disease or 

another hazardous pathogen. 

(b) With regard to the integrated set of analyses included 

in the mitigation risk assessment required under paragraph (a)(1), 

the Secretary of Homeland Security shall enter into a contract 

with the National Academy of Sciences to evaluate the mitigation 

risk assessment required by subsection (a)(1) of this section and 

to submit a Letter Report: Provided, That such contract shall be 

Contracts. 

Reports. 

Plans. 

Reports. 

Risk assessment. 

Kansas. 

Diseases. 

Deadlines. 


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123 STAT. 2182 PUBLIC LAW 111–83—OCT. 28, 2009 

entered into within 90 days from the date of enactment of this 

Act, and the National Academy of Sciences shall complete its assessment and submit its Letter Report within four months after the 

date the Department of Homeland Security concludes the risk 

assessment. 

SEC. 561. (a) SHORT TITLE.—This section may be cited as the 

‘‘American Communities’ Right to Public Information Act’’. 

(b) IN GENERAL.—Section 70103(d) of title 46, United States 

Code, is amended to read as follows: 

‘‘(d) NONDISCLOSURE OF INFORMATION.— ‘‘(1) IN GENERAL.—Information developed under this section 

or sections 70102, 70104, and 70108 is not required to be 

disclosed to the public, including— 

‘‘(A) facility security plans, vessel security plans, and 

port vulnerability assessments; and 

‘‘(B) other information related to security plans, procedures, or programs for vessels or facilities authorized under 

this section or sections 70102, 70104, and 70108. 

‘‘(2) LIMITATIONS.—Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive 

security information (as defined in section 1520.5 of title 49, 

Code of Federal Regulations)— 

‘‘(A) to conceal a violation of law, inefficiency, or 

administrative error; 

‘‘(B) to prevent embarrassment to a person, organization, or agency; 

‘‘(C) to restrain competition; or 

‘‘(D) to prevent or delay the release of information 

that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) Section 114(r) of title 49, United States Code, is 

amended by adding at the end thereof the following: 

‘‘(4) LIMITATIONS.—Nothing in this subsection, or any other 

provision of law, shall be construed to authorize the designation 

of information as sensitive security information (as defined 

in section 1520.5 of title 49, Code of Federal Regulations)— 

‘‘(A) to conceal a violation of law, inefficiency, or 

administrative error; 

‘‘(B) to prevent embarrassment to a person, organization, or agency; 

‘‘(C) to restrain competition; or 

‘‘(D) to prevent or delay the release of information 

that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.’’. 

(2) Section 40119(b) of title 49, United States Code, is 

amended by adding at the end thereof the following: 

‘‘(3) Nothing in paragraph (1) shall be construed to 

authorize the designation of information as sensitive security 

information (as defined in section 15.5 of title 49, Code of 

Federal Regulations)— 

‘‘(A) to conceal a violation of law, inefficiency, or 

administrative error; 

‘‘(B) to prevent embarrassment to a person, organization, or agency; 

American 

Communities’ 

Right to Public 

Information Act. 

46 USC 101 note. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2183 

‘‘(C) to restrain competition; or 

‘‘(D) to prevent or delay the release of information 

that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.’’. 

SEC. 562. Section 4 of the Act entitled ‘‘An Act to prohibit 

the introduction, or manufacture for introduction, into interstate 

commerce of switchblade knives, and for other purposes’’ (commonly 

known as the Federal Switchblade Act) (15 U.S.C. 1244) is 

amended— 

(1) by striking ‘‘or’’ at the end of paragraph (3); 

(2) by striking the period at the end of paragraph (4) 

and inserting ‘‘; or’’ and 

(3) by adding at the end the following: 

‘‘(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade 

and that requires exertion applied to the blade by hand, wrist, 

or arm to overcome the bias toward closure to assist in opening 

the knife.’’. 

SEC. 563. (a) APPLICABLE ANNUAL PERCENTAGE RATE OF

INTEREST.—Section 44(f)(1) of the Federal Deposit Insurance Act 

(12 U.S.C. 1831u(f)(1)) is amended— 

(1) in the matter preceding subparagraph (A), by inserting 

‘‘(or in the case of a governmental entity located in such State, 

paid)’’ after ‘‘received, or reserved’’; and 

(2) in subparagraph (B)— 

(A) in the matter preceding clause (i), by striking ‘‘nondepository institution operating in such State’’ and 

inserting ‘‘governmental entity located in such State or 

any person that is not a depository institution described 

in subparagraph (A) doing business in such State’’; 

(B) by redesignating clause (ii) as clause (iii); 

(C) in clause (i)— 

(i) in subclause (III)— 

(I) in item (aa), by adding ‘‘and’’ at the end; 

(II) in item (bb), by striking ‘‘, to facilitate’’ 

and all that follows through ‘‘2009’’; and 

(III) by striking item (cc); and 

(ii) by adding after subclause (III) the following: 

‘‘(IV) the uniform accessibility of bonds and 

obligations issued under the American Recovery 

and Reinvestment Act of 2009;’’; and 

(D) by inserting after clause (i) the following: 

‘‘(ii) to facilitate interstate commerce through the 

issuance of bonds and obligations under any provision 

of State law, including bonds and obligations for the 

purpose of economic development, education, and 

improvements to infrastructure; and’’. 

(b) RULE OF CONSTRUCTION.—Section 44(f)(2) of the Federal 

Deposit Insurance Act (12 U.S.C. 1831u(f)(2)) is amended— 

(1) by redesignating subparagraphs (A) and (B) as clauses 

(i) and (ii), respectively, and moving the margins 2 ems to 

the right; 

(2) by striking ‘‘No provision’’ and inserting the following: 

‘‘(A) IN GENERAL.—No provision’’; and 

(3) by adding at the end the following: 


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123 STAT. 2184 PUBLIC LAW 111–83—OCT. 28, 2009 

‘‘(B) APPLICABILITY.—This subsection shall be construed to apply to any loan or discount made, or note, 

bill of exchange, financing transaction, or other evidence 

of debt, originated by an insured depository institution, 

a governmental entity located in such State, or a person 

that is not a depository institution described in subparagraph (A) doing business in such State.’’. 

(c) EFFECTIVE PERIOD.—The amendments made by this section 

shall apply with respect to contracts consummated during the period 

beginning on the date of enactment of this Act and ending on 

December 31, 2010. 

SEC. 564. (a) SHORT TITLE.—This section may be cited as the 

‘‘OPEN FOIA Act of 2009’’. 

(b) SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS.—Section 

552(b) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following: 

‘‘(3) specifically exempted from disclosure by statute (other 

than section 552b of this title), if that statute— 

‘‘(A)(i) requires that the matters be withheld from the 

public in such a manner as to leave no discretion on the 

issue; or 

‘‘(ii) establishes particular criteria for withholding or 

refers to particular types of matters to be withheld; and 

‘‘(B) if enacted after the date of enactment of the OPEN 

FOIA Act of 2009, specifically cites to this paragraph.’’. 

SEC. 565. (a) SHORT TITLE.—This section may be cited as the 

‘‘Protected National Security Documents Act of 2009’’. 

(b) Notwithstanding any other provision of the law to the contrary, no protected document, as defined in subsection (c), shall 

be subject to disclosure under section 552 of title 5, United States 

Code or any proceeding under that section. 

(c) DEFINITIONS.—In this section: 

(1) PROTECTED DOCUMENT.—The term ‘‘protected document’’ 

means any record— 

(A) for which the Secretary of Defense has issued a 

certification, as described in subsection (d), stating that 

disclosure of that record would endanger citizens of the 

United States, members of the United States Armed Forces, 

or employees of the United States Government deployed 

outside the United States; and 

(B) that is a photograph that— 

(i) was taken during the period beginning on September 11, 2001, through January 22, 2009; and 

(ii) relates to the treatment of individuals engaged, 

captured, or detained after September 11, 2001, by 

the Armed Forces of the United States in operations 

outside of the United States. 

(2) PHOTOGRAPH.—The term ‘‘photograph’’ encompasses all 

photographic images, whether originals or copies, including still 

photographs, negatives, digital images, films, video tapes, and 

motion pictures. 

(d) CERTIFICATION.— 

(1) IN GENERAL.—For any photograph described under subsection (c)(1), the Secretary of Defense shall issue a certification 

if the Secretary of Defense determines that disclosure of that 

Protected 

National Security 

Documents Act of 

2009. 

5 USC 552 note. 

OPEN FOIA Act 

of 2009. 

5 USC 101 note. 

Applicability. 

Contracts. 

12 USC 1831u 

note. 

Loans. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2185 

photograph would endanger citizens of the United States, members of the United States Armed Forces, or employees of the 

United States Government deployed outside the United States. 

(2) CERTIFICATION EXPIRATION.—A certification and a 

renewal of a certification issued pursuant to subsection (d)(3) 

shall expire 3 years after the date on which the certification 

or renewal, is issued by the Secretary of Defense. 

(3) CERTIFICATION RENEWAL.—The Secretary of Defense 

may issue— 

(A) a renewal of a certification at any time; and 

(B) more than 1 renewal of a certification. 

(4) NOTICE TO CONGRESS.—The Secretary of Defense shall 

provide Congress a timely notice of the Secretary’s issuance 

of a certification and of a renewal of a certification. 

(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to preclude the voluntary disclosure of a protected document. 

(f) EFFECTIVE DATE.—This section shall take effect on the date 

of enactment of this Act and apply to any protected document. 

SEC. 566. 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 reemployment 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. 567. (a) IN GENERAL.—Any company that collects or 

retains personal information directly from individuals who participated in the Registered Traveler program 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’’; and 

(2) the National Institute for Standards and Technology 

Special Publication 800–53, Revision 3, entitled ‘‘Recommended 

Security Controls for Federal Information Systems and 

Organizations,’’; 

(3) any supplemental standards established by the Assistant Secretary, Transportation Security Administration (referred 

to in this section as the ‘‘Assistant Secretary’’). 

(b) CERTIFICATION.—The Assistant Secretary shall require any 

company through the sponsoring entity described in subsection 

(a) to provide, not later than 30 days after the date of the enactment 

of this Act, written certification to the sponsoring entity that such 

procedures are consistent with the minimum standards established 

under paragraph (a)(1–3) with a description of the procedures used 

to comply with such standards. 

(c) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Assistant Secretary shall submit a report 

to Congress that— 

(1) describes the procedures that have been used to safeguard and dispose of personal information collected through 

the Registered Traveler program; and 

(2) provides the status of the certification by any company 

described in subsection (a) that such procedures are consistent 

Deadline. 

Applicability. 


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123 STAT. 2186 PUBLIC LAW 111–83—OCT. 28, 2009 

with the minimum standards established by paragraph (a)(1– 

3). 

SEC. 568. (a) SPECIAL IMMIGRANT NONMINISTER RELIGIOUS

WORKER PROGRAM AND OTHER IMMIGRATION PROGRAMS.— 

(1) EXTENSION.—Subclauses (II) and (III) of section 

101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(27)(C)(ii)) are amended by striking ‘‘September 

30, 2009,’’ each place such term appears and inserting ‘‘September 30, 2012,’’. 

(2) STUDY AND PLAN.—Not later than 180 days after the 

date of the enactment of this Act, the Director of United States 

Citizenship and Immigration Services shall submit a report 

to the Committee on the Judiciary of the Senate and the 

Committee on the Judiciary of the House of Representatives 

that includes— 

(A) the results of a study conducted under the supervision of the Director to evaluate the Special Immigrant 

Nonminister Religious Worker Program to identify the risks 

of fraud and noncompliance by program participants; and 

(B) a detailed plan that describes the actions to be 

taken by United States Citizenship and Immigration Services to improve the integrity of the program. 

(3) PROGRESS REPORT.—Not later than 240 days after the 

submission of the report under paragraph (2), the Director 

of United States Citizenship and Immigration Services shall 

submit a report to the Committee on the Judiciary of the 

Senate and the Committee on the Judiciary of the House of 

Representatives that describes the progress made in implementing the plan described in clause (a)(2)(B) of this section. 

(b) CONRAD STATE 30 J–1 VISA WAIVER PROGRAM.—Section 

220(c) of the Immigration and Nationality Technical Corrections 

Act of 1994 (8 U.S.C. 1182 note) is amended by striking ‘‘September 

30, 2009’’ and inserting ‘‘September 30, 2012’’. 

(c) RELIEF FOR SURVIVING SPOUSES.— 

(1) IN GENERAL.—The second sentence of section 

201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 

1151(b)(2)(A)(i)) is amended by striking ‘‘for at least 2 years 

at the time of the citizen’s death’’. 

(2) APPLICABILITY.— 

(A) IN GENERAL.—The amendment made by paragraph 

(1) shall apply to all applications and petitions relating 

to immediate relative status under section 201(b)(2)(A)(i) 

of the Immigration and Nationality Act (8 U.S.C. 

1151(b)(2)(A)(i)) pending on or after the date of the enactment of this Act. 

(B) TRANSITION CASES.— 

(i) IN GENERAL.—Notwithstanding any other provision of law, an alien described in clause (ii) who seeks 

immediate relative status pursuant to the amendment 

made by paragraph (1) shall file a petition under section 204(a)(1)(A)(ii) of the Immigration and Nationality 

Act (8 U.S.C. 1154(a)(1)(A)(ii)) not later than the date 

that is 2 years after the date of the enactment of 

this Act. 

(ii) ALIENS DESCRIBED.—An alien is described in 

this clause if— 

Petition. 

Deadline. 

8 USC 1151 note. 

Deadline. 

Reports. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2187 

(I) the alien’s United States citizen spouse died 

before the date of the enactment of this Act; 

(II) the alien and the citizen spouse were married for less than 2 years at the time of the citizen 

spouse’s death; and 

(III) the alien has not remarried. 

(d) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETITIONS AND APPLICATIONS.— 

(1) AMENDMENT.—Section 204 of the Immigration and 

Nationality Act (8 U.S.C. 1154) is amended by adding at the 

end the following: 

‘‘(l) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETITIONS AND APPLICATIONS.— 

‘‘(1) IN GENERAL.—An alien described in paragraph (2) who 

resided in the United States at the time of the death of the 

qualifying relative and who continues to reside in the United 

States shall have such petition described in paragraph (2), 

or an application for adjustment of status to that of a person 

admitted for lawful permanent residence based upon the family 

relationship described in paragraph (2), and any related 

applications, adjudicated notwithstanding the death of the 

qualifying relative, unless the Secretary of Homeland Security 

determines, in the unreviewable discretion of the Secretary, 

that approval would not be in the public interest. 

‘‘(2) ALIEN DESCRIBED.—An alien described in this paragraph is an alien who, immediately prior to the death of his 

or her qualifying relative, was— 

‘‘(A) the beneficiary of a pending or approved petition 

for classification as an immediate relative (as described 

in section 201(b)(2)(A)(i)); 

‘‘(B) the beneficiary of a pending or approved petition 

for classification under section 203 (a) or (d); 

‘‘(C) a derivative beneficiary of a pending or approved 

petition for classification under section 203(b) (as described 

in section 203(d)); 

‘‘(D) the beneficiary of a pending or approved refugee/ 

asylee relative petition under section 207 or 208; 

‘‘(E) an alien admitted in ‘T’ nonimmigrant status as 

described in section 101(a)(15)(T)(ii) or in ‘U’ nonimmigrant 

status as described in section 101(a)(15)(U)(ii); or 

‘‘(F) an asylee (as described in section 208(b)(3)).’’. 

(2) CONSTRUCTION.—Nothing in the amendment made by 

paragraph (1) may be construed to limit or waive any ground 

of removal, basis for denial of petition or application, or other 

criteria for adjudicating petitions or applications as otherwise 

provided under the immigration laws of the United States 

other than ineligibility based solely on the lack of a qualifying 

family relationship as specifically provided by such amendment. 

(e) CONFORMING AMENDMENT TO AFFIDAVIT OF SUPPORT

REQUIREMENT.—Section 213A(f)(5) of the Immigration and Nationality Act (8 U.S.C. 1183a(5)) is amended by striking clauses (i) 

and (ii) and inserting: 

‘‘(i) the individual petitioning under section 204 

of this Act for the classification of such alien died 

after the approval of such petition, and the Secretary 

of Homeland Security has determined for humanitarian 

8 USC 1154 note. 


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123 STAT. 2188 PUBLIC LAW 111–83—OCT. 28, 2009 

reasons that revocation of such petition under section 

205 would be inappropriate; or 

‘‘(ii) the alien’s petition is being adjudicated pursuant to section 204(l) (surviving relative consideration).’’. 

SEC. 569. 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. 570. 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. 571. (a) Funds made available by this Act solely for 

data center migration may be transferred by the Secretary 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. 

SEC. 572. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–157) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules 

of the House of Representatives, when intended to be awarded 

to a for-profit entity, shall be awarded under a full and open 

competition. 

SEC. 573. From unobligated balances for fiscal year 2009 made 

available for Federal Emergency Management Agency ‘‘Trucking 

Industry Security Grants’’, $5,572,000 are rescinded. 

SEC. 574. From the unobligated balances of prior year appropriations made available for ‘‘Analysis and Operations’’, $2,358,000 

are rescinded. 

SEC. 575. From the unobligated balances of prior year appropriations made available for National Protection and Programs 

Directorate ‘‘Infrastructure Protection and Information Security’’, 

$8,000,000 are rescinded. 

SEC. 576. From the unobligated balances of prior year appropriations made available for Science and Technology ‘‘Research, 

Development, Acquisition, and Operations’’, $6,944,148 are 

rescinded. 

SEC. 577. From the unobligated balances of prior year appropriations made available for Domestic Nuclear Detection Office 

‘‘Research, Development, and Operations’’, $8,000,000 are rescinded. 

SEC. 578. From the unobligated balances of prior year appropriations made available for Transportation Security Administration 

‘‘Research and Development’’, $4,000,000 are rescinded. 

SEC. 579. From the unobligated balances of prior year appropriations made available for Coast Guard ‘‘Acquisition, Construction, and Improvements’’, $800,000 are rescinded: Provided, That 

these rescissions shall be taken from completed projects. 

Earmarks. 

Deadline. 

Notification. 

Contracts. 

Contracts. 

Performance fees. 


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PUBLIC LAW 111–83—OCT. 28, 2009 123 STAT. 2189 

LEGISLATIVE HISTORY—H.R. 2892 (S. 1298): 

HOUSE REPORTS: Nos. 111–157 (Comm. on Appropriations) and 111–298

(Comm. of Conference). 

SENATE REPORTS: No. 111–31 (Comm. on Appropriations) accompanying S. 1298. 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

June 24, considered and passed House. 

July 7–9, considered and passed Senate, amended. 

Oct. 15, House agreed to conference report. 

Oct. 20, Senate agreed to conference report. 

Æ 

SEC. 580. Of the amounts available under the heading ‘‘Counter- terrorism Fund’’, $5,600,000 are rescinded. 

This Act may be cited as the ‘‘Department of Homeland Security 

Appropriations Act, 2010’’. 

Approved October 28, 2009. 


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