II 

Calendar No. 83 

111TH CONGRESS 

1ST SESSION S. 1298 

[Report No. 111–31] 

Making appropriations for the Department of Homeland Security for the 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2009 

Mr. REID (for Mr. BYRD), from the Committee on Appropriations, reported 

the following original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2010, and for other purposes, namely: 
2 

•S 1298 PCS

1 TITLE I 

2 DEPARTMENTAL MANAGEMENT AND 

3 OPERATIONS 

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 For necessary expenses of the Office of the Secretary 

7 of Homeland Security, as authorized by section 102 of the 

8 Homeland Security Act of 2002 (6 U.S.C. 112), and exec9 utive management of the Department of Homeland Secu10 rity, as authorized by law, $149,268,000: Provided, That 

11 not to exceed $60,000 shall be for official reception and 

12 representation expenses, of which $20,000 shall be made 

13 available to the Office of Policy solely to host Visa Waiver 

14 Program negotiations in Washington, DC: Provided fur15 ther, That $20,000,000 shall not be available for obliga16 tion for the Office of Policy until the Secretary submits 

17 an expenditure plan for the Office of Policy for fiscal year 

18 2010. 

19 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

20 For necessary expenses of the Office of the Under 

21 Secretary for Management, as authorized by sections 701 

22 through 705 of the Homeland Security Act of 2002 (6 

23 U.S.C. 341 through 345), $307,690,000, of which not to 

24 exceed $3,000 shall be for official reception and represen25 tation expenses: Provided, That of the total amount, 
3 

•S 1298 PCS

1 $5,000,000 shall remain available until expended solely for 

2 the alteration and improvement of facilities, tenant im3 provements, and relocation costs to consolidate Depart4 ment headquarters operations at the Nebraska Avenue 

5 Complex; and $17,131,000 shall remain available until ex6 pended for the Human Resources Information Technology 

7 program. 

8 OFFICE OF THE CHIEF FINANCIAL OFFICER

9 For necessary expenses of the Office of the Chief Fi10 nancial Officer, as authorized by section 103 of the Home11 land Security Act of 2002 (6 U.S.C. 113), $63,530,000, 

12 of which $11,000,000 shall remain available until ex13 pended for financial systems consolidation efforts. 

14 OFFICE OF THE CHIEF INFORMATION OFFICER

15 For necessary expenses of the Office of the Chief In16 formation Officer, as authorized by section 103 of the 

17 Homeland Security Act of 2002 (6 U.S.C. 113), and De18 partment-wide technology investments, $338,393,000; of 

19 which $86,912,000 shall be available for salaries and ex20 penses; and of which $251,481,000, to remain available 

21 until expended, shall be available for development and ac22 quisition of information technology equipment, software, 

23 services, and related activities for the Department of 

24 Homeland Security: Provided, That of the total amount 

25 appropriated, not less than $82,788,000 shall be available 
4 

•S 1298 PCS

1 for data center development, of which not less than 

2 $38,540,145 shall be available for power capabilities up3 grades at Data Center One (National Center for Critical 

4 Information Processing and Storage): Provided further, 

5 That the Chief Information Officer shall submit to the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives, not more than 60 days after 

8 the date of enactment of this Act, an expenditure plan 

9 for all information technology acquisition projects that: 

10 (1) are funded under this heading; or (2) are funded by 

11 multiple components of the Department of Homeland Se12 curity through reimbursable agreements: Provided further, 

13 That key milestones, all funding sources for each project, 

14 details of annual and lifecycle costs, and projected cost 

15 savings or cost avoidance to be achieved by the project. 

16 ANALYSIS AND OPERATIONS

17 For necessary expenses for intelligence analysis and 

18 operations coordination activities, as authorized by title II 

19 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

20 seq.), $347,845,000, of which not to exceed $5,000 shall 

21 be for official reception and representation expenses; and 

22 of which $208,145,000 shall remain available until Sep23 tember 30, 2011. 
5 

•S 1298 PCS

1 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

2 COAST REBUILDING

3 For necessary expenses of the Office of the Federal 

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

5 OFFICE OF THE INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act of 1978 (5 U.S.C. App.), $115,874,000, of 

9 which not to exceed $150,000 may be used for certain con10 fidential operational expenses, including the payment of 

11 informants, to be expended at the direction of the Inspec12 tor General. 

13 TITLE II 

14 SECURITY, ENFORCEMENT, AND 

15 INVESTIGATIONS 

16 U.S. CUSTOMS AND BORDER PROTECTION

17 SALARIES AND EXPENSES

18 For necessary expenses for enforcement of laws relat19 ing to border security, immigration, customs, agricultural 

20 inspections and regulatory activities related to plant and 

21 animal imports, and transportation of unaccompanied 

22 minor aliens; purchase and lease of up to 4,500 (4,000 

23 for replacement only) police-type vehicles; and contracting 

24 with individuals for personal services abroad; 

25 $8,075,649,000, of which $3,226,000 shall be derived 
6 

•S 1298 PCS

1 from the Harbor Maintenance Trust Fund for administra2 tive expenses related to the collection of the Harbor Main3 tenance Fee pursuant to section 9505(c)(3) of the Internal 

4 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not5 withstanding section 1511(e)(1) of the Homeland Security 

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

7 $45,000 shall be for official reception and representation 

8 expenses; of which not less than $309,629,000 shall be 

9 for Air and Marine Operations; of which such sums as 

10 become available in the Customs User Fee Account, except 

11 sums subject to section 13031(f)(3) of the Consolidated 

12 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

13 58c(f)(3)), shall be derived from that account; of which 

14 not to exceed $150,000 shall be available for payment for 

15 rental space in connection with preclearance operations; 

16 and of which not to exceed $1,000,000 shall be for awards 

17 of compensation to informants, to be accounted for solely 

18 under the certificate of the Secretary of Homeland Secu19 rity: Provided, That for fiscal year 2010, the overtime lim20 itation prescribed in section 5(c)(1) of the Act of February 

21 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not22 withstanding any other provision of law, none of the funds 

23 appropriated by this Act may be available to compensate 

24 any employee of U.S. Customs and Border Protection for 

25 overtime, from whatever source, in an amount that ex-
7 

•S 1298 PCS

1 ceeds such limitation, except in individual cases deter2 mined by the Secretary of Homeland Security, or the des3 ignee of the Secretary, to be necessary for national secu4 rity purposes, to prevent excessive costs, or in cases of 

5 immigration emergencies: Provided further, That of the 

6 total amount provided, $1,700,000 shall remain available 

7 until September 30, 2011, for the Global Advanced Pas8 senger Information/Passenger Name Record Program. 

9 AUTOMATION MODERNIZATION

10 For expenses for U.S. Customs and Border Protec11 tion automated systems, $462,445,000, to remain avail12 able until expended, of which not less than $267,960,000 

13 shall be for the development of the Automated Commercial 

14 Environment: Provided, That of the total amount made 

15 available under this heading, $167,960,000 may not be ob16 ligated for the Automated Commercial Environment pro17 gram until 30 days after the Committees on Appropria18 tions of the Senate and the House of Representatives re19 ceive a report on the results to date and plans for the 

20 program from the Department of Homeland Security. 

21 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

22 TECHNOLOGY

23 For expenses for border security fencing, infrastruc24 ture, and technology, $800,000,000, to remain available 

25 until expended: Provided, That of the amount provided 
8 

•S 1298 PCS

1 under this heading, $50,000,000 shall not be obligated 

2 until the Committees on Appropriations of the Senate and 

3 the House of Representatives receive a plan for expendi4 ture, prepared by the Secretary of Homeland Security and 

5 submitted not later than 90 days after the date of the 

6 enactment of this Act, for a program to establish and 

7 maintain a security barrier along the borders of the 

8 United States of fencing and vehicle barriers, where prac9 ticable, and other forms of tactical infrastructure and 

10 technology. 

11 AIR AND MARINE INTERDICTION, OPERATIONS, 

12 MAINTENANCE, AND PROCUREMENT

13 For necessary expenses for the operations, mainte14 nance, and procurement of marine vessels, aircraft, un15 manned aerial systems, and other related equipment of the 

16 air and marine program, including operational training 

17 and mission-related travel, the operations of which include 

18 the following: the interdiction of narcotics and other 

19 goods; the provision of support to Federal, State, and local 

20 agencies in the enforcement or administration of laws en21 forced by the Department of Homeland Security; and at 

22 the discretion of the Secretary of Homeland Security, the 

23 provision of assistance to Federal, State, and local agen24 cies in other law enforcement and emergency humani25 tarian efforts, $515,826,000, to remain available until ex-
9 

•S 1298 PCS

1 pended: Provided, That no aircraft or other related equip2 ment, with the exception of aircraft that are one of a kind 

3 and have been identified as excess to U.S. Customs and 

4 Border Protection requirements and aircraft that have 

5 been damaged beyond repair, shall be transferred to any 

6 other Federal agency, department, or office outside of the 

7 Department of Homeland Security during fiscal year 2010 

8 without the prior approval of the Committees on Appro9 priations of the Senate and the House of Representatives. 

10 CONSTRUCTION AND FACILITIES MANAGEMENT

11 For necessary expenses to plan, construct, renovate, 

12 equip, and maintain buildings and facilities necessary for 

13 the administration and enforcement of the laws relating 

14 to customs and immigration, $316,070,000, to remain 

15 available until expended, of which $39,700,000 shall be 

16 for the Advanced Training Center: Provided, That for fis17 cal year 2011 and thereafter, the annual budget submis18 sion of U.S. Customs and Border Protection for ‘‘Con19 struction and Facilities Management’’ shall, in consulta20 tion with the General Services Administration, include a 

21 detailed 5-year plan for all Federal land border port of 

22 entry projects with a yearly update of total projected fu23 ture funding needs. 
10 

•S 1298 PCS

1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigra4 tion and customs laws, detention and removals, and inves5 tigations; and purchase and lease of up to 3,790 (2,350 

6 for replacement only) police-type vehicles; $5,360,100,000, 

7 of which not to exceed $7,500,000 shall be available until 

8 expended for conducting special operations under section 

9 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 

10 2081); of which not to exceed $15,000 shall be for official 

11 reception and representation expenses; of which not to ex12 ceed $1,000,000 shall be for awards of compensation to 

13 informants, to be accounted for solely under the certificate 

14 of the Secretary of Homeland Security; of which not less 

15 than $305,000 shall be for promotion of public awareness 

16 of the child pornography tipline and anti-child exploitation 

17 activities; of which not less than $5,400,000 shall be used 

18 to facilitate agreements consistent with section 287(g) of 

19 the Immigration and Nationality Act (8 U.S.C. 1357(g)); 

20 and of which not to exceed $11,216,000 shall be available 

21 to fund or reimburse other Federal agencies for the costs 

22 associated with the care, maintenance, and repatriation of 

23 smuggled aliens unlawfully present in the United States: 

24 Provided, That none of the funds made available under 

25 this heading shall be available to compensate any employee 
11 

•S 1298 PCS

1 for overtime in an annual amount in excess of $35,000, 

2 except that the Secretary, or the designee of the Secretary, 

3 may waive that amount as necessary for national security 

4 purposes and in cases of immigration emergencies: Pro5 vided further, That of the total amount provided, 

6 $15,770,000 shall be for activities in fiscal year 2010 to 

7 enforce laws against forced child labor, of which not to 

8 exceed $6,000,000 shall remain available until expended: 

9 Provided further, That of the total amount available, not 

10 less than $1,000,000,000 shall be available to identify 

11 aliens convicted of a crime, and who may be deportable, 

12 and to remove them from the United States once they are 

13 judged deportable: Provided further, That the Secretary, 

14 or the designee of the Secretary, shall report to the Com15 mittees on Appropriations of the Senate and the House 

16 of Representatives, at least quarterly, on progress imple17 menting the preceding proviso, and the funds obligated 

18 during that quarter to make that progress: Provided fur19 ther, That funding made available under this heading shall 

20 maintain a level of not less than 33,400 detention beds 

21 through September 30, 2010: Provided further, That of 

22 the total amount provided, not less than $2,539,180,000 

23 is for detention and removal operations, including trans24 portation of unaccompanied minor aliens: Provided fur25 ther, That of the total amount provided, $6,800,000 shall 
12 

•S 1298 PCS

1 remain available until September 30, 2011, for the Visa 

2 Security Program: Provided further, That nothing under 

3 this heading shall prevent U.S. Immigation and Customs 

4 Enforcement from exercising those authorities provided 

5 under immigration laws (as defined in section 101(a)(17) 

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

7 1101(a)(17))) during priority operations pertaining to 

8 aliens convicted of a crime. 

9 AUTOMATION MODERNIZATION

10 For expenses of immigration and customs enforce11 ment automated systems, $85,000,000, to remain avail12 able until expended: Provided, That of the funds made 

13 available under this heading, $10,000,000 shall not be ob14 ligated until the Committees on Appropriations of the Sen15 ate and the House of Representatives receive an expendi16 ture plan prepared by the Secretary of Homeland Secu17 rity. 

18 TRANSPORTATION SECURITY ADMINISTRATION

19 AVIATION SECURITY

20 For necessary expenses of the Transportation Secu21 rity Administration related to providing civil aviation secu22 rity services pursuant to the Aviation and Transportation 

23 Security Act (Public Law 107–71; 115 Stat. 597; 49 

24 U.S.C. 40101 note), $5,237,828,000, to remain available 

25 until September 30, 2011, of which not to exceed $10,000 
13 

•S 1298 PCS

1 shall be for official reception and representation expenses: 

2 Provided, That of the total amount made available under 

3 this heading, not to exceed $4,395,195,000 shall be for 

4 screening operations, of which $1,154,775,000 shall be 

5 available for explosives detection systems; and not to ex6 ceed $842,633,000 shall be for aviation security direction 

7 and enforcement: Provided further, That of the amount 

8 made available in the preceding proviso for explosives de9 tection systems, $806,669,000 shall be available for the 

10 purchase and installation of these systems, of which not 

11 less than 28 percent shall be available for the purchase 

12 and installation of certified explosives detection systems 

13 at medium- and small-sized airports: Provided further, 

14 That any award to deploy explosives detection systems 

15 shall be based on risk, the airports current reliance on 

16 other screening solutions, lobby congestion resulting in in17 creased security concerns, high injury rates, airport readi18 ness, and increased cost effectiveness: Provided further, 

19 That security service fees authorized under section 44940 

20 of title 49, United States Code, shall be credited to this 

21 appropriation as offsetting collections and shall be avail22 able only for aviation security: Provided further, That any 

23 funds collected and made available from aviation security 

24 fees pursuant to section 44940(i) of title 49, United States 

25 Code, may, notwithstanding paragraph (4) of such section 
14 

•S 1298 PCS

1 44940(i), be expended for the purpose of improving 

2 screening at airport screening checkpoints, which may in3 clude the purchase and utilization of emerging technology 

4 equipment; the refurbishment and replacement of current 

5 equipment; the installation of surveillance systems to mon6 itor checkpoint activities; the modification of checkpoint 

7 infrastructure to support checkpoint reconfigurations; and 

8 the creation of additional checkpoints to screen aviation 

9 passengers and airport personnel: Provided further, That 

10 the sum appropriated under this heading from the general 

11 fund shall be reduced on a dollar-for-dollar basis as such 

12 offsetting collections are received during fiscal year 2010, 

13 so as to result in a final fiscal year appropriation from 

14 the general fund estimated at not more than 

15 $3,137,828,000: Provided further, That any security serv16 ice fees collected in excess of the amount made available 

17 under this heading shall become available during fiscal 

18 year 2011: Provided further, That Members of the United 

19 States House of Representatives and United States Sen20 ate, including the leadership; the heads of Federal agen21 cies and commissions, including the Secretary, Deputy 

22 Secretary, Under Secretaries, and Assistant Secretaries of 

23 the Department of Homeland Security; the United States 

24 Attorney General and Assistant Attorneys General and the 

25 United States attorneys; and senior members of the Exec-
15 

•S 1298 PCS

1 utive Office of the President, including the Director of the 

2 Office of Management and Budget; shall not be exempt 

3 from Federal passenger and baggage screening. 

4 SURFACE TRANSPORTATION SECURITY

5 For necessary expenses of the Transportation Secu6 rity Administration related to providing surface transpor7 tation security activities, $142,616,000, to remain avail8 able until September 30, 2011. 

9 TRANSPORTATION THREAT ASSESSMENT AND

10 CREDENTIALING

11 For necessary expenses for the development and im12 plementation of screening programs of the Office of 

13 Transportation Threat Assessment and Credentialing, 

14 $171,999,000, to remain available until September 30, 

15 2011. 

16 TRANSPORTATION SECURITY SUPPORT

17 For necessary expenses of the Transportation Secu18 rity Administration related to providing transportation se19 curity support and intelligence pursuant to the Aviation 

20 and Transportation Security Act (Public Law 107–71; 

21 115 Stat. 597; 49 U.S.C. 40101 note), $999,580,000, to 

22 remain available until September 30, 2011: Provided, 

23 That of the funds appropriated under this heading, 

24 $20,000,000 may not be obligated for headquarters ad25 ministration until the Secretary of Homeland Security 
16 

•S 1298 PCS

1 submits to the Committees on Appropriations of the Sen2 ate and the House of Representatives detailed expenditure 

3 plans for air cargo security, and for checkpoint support 

4 and explosives detection systems refurbishment, procure5 ment, and installations on an airport-by-airport basis for 

6 fiscal year 2010: Provided further, That these plans shall 

7 be submitted no later than 60 days after the date of enact8 ment of this Act. 

9 FEDERAL AIR MARSHALS

10 For necessary expenses of the Federal Air Marshals, 

11 $860,111,000. 

12 COAST GUARD

13 OPERATING EXPENSES

14 For necessary expenses for the operation and mainte15 nance of the Coast Guard, not otherwise provided for; pur16 chase or lease of not to exceed 25 passenger motor vehi17 cles, which shall be for replacement only; for purchase or 

18 lease of small boats for contingent and emergent require19 ments (at a unit cost of no more than $700,000) and for 

20 repairs and service-life replacements, not to exceed a total 

21 of $26,000,000; minor shore construction projects not ex22 ceeding $1,000,000 in total cost at any location; payments 

23 pursuant to section 156 of Public Law 97–377 (42 U.S.C. 

24 402 note; 96 Stat. 1920); and recreation and welfare; 

25 $6,838,291,000, of which $581,503,000 shall be for de-
17 

•S 1298 PCS

1 fense-related activities, $241,503,000 of which are des2 ignated as being for overseas deployments and other ac3 tivities pursuant to sections 401(c)(4) and 423(a)(1) of 

4 S. Con. Res. 13 (111th Congress), the concurrent resolu5 tion on the budget for fiscal year 2010; of which 

6 $24,500,000 shall be derived from the Oil Spill Liability 

7 Trust Fund to carry out the purposes of section 

8 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

9 2712(a)(5)); of which not to exceed $20,000 shall be for 

10 official reception and representation expenses; and of 

11 which $3,600,000 shall be available until expended for the 

12 cost of repairing, rehabilitating, altering, modifying, and 

13 making improvements, including customized tenant im14 provements, to any replacement or expanded Operations 

15 Systems Center facility: Provided, That none of the funds 

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

17 for administrative expenses in connection with shipping 

18 commissioners in the United States: Provided further, 

19 That none of the funds made available by this Act shall 

20 be for expenses incurred for recreational vessels under sec21 tion 12114 of title 46, United States Code, except to the 

22 extent fees are collected from yacht owners and credited 

23 to this appropriation: Provided further, That the Coast 

24 Guard shall comply with the requirements of section 527 

25 of Public Law 108–136 with respect to the Coast Guard 
18 

•S 1298 PCS

1 Academy: Provided further, That of the funds provided 

2 under this heading, $30,000,000 is withheld from obliga3 tion from Headquarters Directorates until the second 

4 quarter acquisition report required by Public Law 108– 

5 7 and the fiscal year 2008 joint explanatory statement ac6 companying Public Law 110–161 is received by the Com7 mittees on Appropriations of the Senate and the House 

8 of Representatives. 

9 ENVIRONMENTAL COMPLIANCE AND RESTORATION

10 For necessary expenses to carry out the environ11 mental compliance and restoration functions of the Coast 

12 Guard under chapter 19 of title 14, United States Code, 

13 $13,198,000, to remain available until expended. 

14 RESERVE TRAINING

15 For necessary expenses of the Coast Guard Reserve, 

16 as authorized by law; operations and maintenance of the 

17 reserve program; personnel and training costs; and equip18 ment and services; $133,632,000. 

19 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

20 For necessary expenses of acquisition, construction, 

21 renovation, and improvement of aids to navigation, shore 

22 facilities, vessels, and aircraft, including equipment related 

23 thereto; and maintenance, rehabilitation, lease and oper24 ation of facilities and equipment, as authorized by law; 

25 $1,597,580,000, of which $20,000,000 shall be derived 
19 

•S 1298 PCS

1 from the Oil Spill Liability Trust Fund to carry out the 

2 purposes of section 1012(a)(5) of the Oil Pollution Act 

3 of 1990 (33 U.S.C. 2712(a)(5)); of which $123,000,000 

4 shall be available until September 30, 2014, to acquire, 

5 repair, renovate, or improve vessels, small boats, and re6 lated equipment; of which $147,500,000 shall be available 

7 until September 30, 2012, for other equipment; of which 

8 $27,100,000 shall be available until September 30, 2012, 

9 for shore facilities and aids to navigation facilities, includ10 ing not less than $300,000 for the Coast Guard Academy 

11 Pier and not less than $16,800,000 for Coast Guard Sta12 tion Cleveland Harbor; of which $105,200,000 shall be 

13 available for personnel compensation and benefits and re14 lated costs; and of which $1,194,780,000 shall be available 

15 until September 30, 2014, for the Integrated Deepwater 

16 Systems program: Provided, That of the funds made avail17 able for the Integrated Deepwater Systems program, 

18 $305,500,000 is for aircraft and $734,680,000 is for sur19 face ships: Provided further, That the Secretary of Home20 land Security shall submit to the Committees on Appro21 priations of the Senate and the House of Representatives, 

22 in conjunction with the President’s fiscal year 2011 budg23 et, a review of the Revised Deepwater Implementation 

24 Plan that identifies any changes to the plan for the fiscal 

25 year; an annual performance comparison of Integrated 
20 

•S 1298 PCS

1 Deepwater Systems program assets to pre-Deepwater leg2 acy assets; a status report of legacy assets; a detailed ex3 planation of how the costs of legacy assets are being ac4 counted for within the Integrated Deepwater Systems pro5 gram; and the earned value management system gold card 

6 data for each Integrated Deepwater Systems program 

7 asset: Provided further, That the Secretary shall submit 

8 to the Committees on Appropriations of the Senate and 

9 the House of Representatives a comprehensive review of 

10 the Revised Deepwater Implementation Plan every 5 

11 years, beginning in fiscal year 2011, that includes a com12 plete projection of the acquisition costs and schedule for 

13 the duration of the plan through fiscal year 2027: Pro14 vided further, That the Secretary shall annually submit to 

15 the Committees on Appropriations of the Senate and the 

16 House of Representatives, at the time that the President’s 

17 budget is submitted under section 1105(a) of title 31, 

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

19 for the Coast Guard that identifies for each capital budget 

20 line item— 

21 (1) the proposed appropriation included in that 

22 budget; 

23 (2) the total estimated cost of completion; 
21 

•S 1298 PCS

1 (3) projected funding levels for each fiscal year 

2 for the next 5 fiscal years or until project comple3 tion, whichever is earlier; 

4 (4) an estimated completion date at the pro5 jected funding levels; and 

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

7 of completion or estimated completion date from 

8 previous future-years capital investment plans sub9 mitted to the Committees on Appropriations of the 

10 Senate and the House of Representatives: 

11 Provided further, That the Secretary shall ensure that 

12 amounts specified in the future-years capital investment 

13 plan are consistent to the maximum extent practicable 

14 with proposed appropriations necessary to support the 

15 programs, projects, and activities of the Coast Guard in 

16 the President’s budget as submitted under section 1105(a) 

17 of title 31, United States Code, for that fiscal year: Pro18 vided further, That any inconsistencies between the capital 

19 investment plan and proposed appropriations shall be 

20 identified and justified: Provided further, That subsections 

21 (a) and (b) of section 6402 of the U.S. Troop Readiness, 

22 Veterans’ Care, Katrina Recovery, and Iraq Accountability 

23 Appropriations Act, 2007 (Public Law 110–28) shall 

24 apply to fiscal year 2010. 
22 

•S 1298 PCS

1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of 

3 obstructive bridges, as authorized by section 6 of the Tru4 man-Hobbs Act (33 U.S.C. 516), $4,000,000, to remain 

5 available until expended: Provided, That of the amounts 

6 made available under this heading, $4,000,000 shall be 

7 for the Fort Madison Bridge in Fort Madison, Iowa. 

8 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

9 For necessary expenses for applied scientific re10 search, development, test, and evaluation; and for mainte11 nance, rehabilitation, lease, and operation of facilities and 

12 equipment; as authorized by law; $29,745,000, to remain 

13 available until expended, of which $500,000 shall be de14 rived from the Oil Spill Liability Trust Fund to carry out 

15 the purposes of section 1012(a)(5) of the Oil Pollution Act 

16 of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 

17 be credited to and used for the purposes of this appropria18 tion funds received from State and local governments, 

19 other public authorities, private sources, and foreign coun20 tries for expenses incurred for research, development, test21 ing, and evaluation. 

22 RETIRED PAY

23 For retired pay, including the payment of obligations 

24 otherwise chargeable to lapsed appropriations for this pur25 pose, payments under the Retired Serviceman’s Family 
23 

•S 1298 PCS

1 Protection and Survivor Benefits Plans, payment for ca2 reer status bonuses, concurrent receipts and combat-re3 lated special compensation under the National Defense 

4 Authorization Act, and payments for medical care of re5 tired personnel and their dependents under chapter 55 of 

6 title 10, United States Code, $1,361,245,000, to remain 

7 available until expended. 

8 UNITED STATES SECRET SERVICE

9 SALARIES AND EXPENSES

10 For necessary expenses of the United States Secret 

11 Service, including purchase of not to exceed 652 vehicles 

12 for police-type use, of which 652 shall be for replacement 

13 only, and hire of passenger motor vehicles; purchase of 

14 motorcycles made in the United States; hire of aircraft; 

15 services of expert witnesses at such rates as may be deter16 mined by the Director of the Secret Service; rental of 

17 buildings in the District of Columbia, and fencing, light18 ing, guard booths, and other facilities on private or other 

19 property not in Government ownership or control, as may 

20 be necessary to perform protective functions; payment of 

21 per diem or subsistence allowances to employees where a 

22 protective assignment during the actual day or days of the 

23 visit of a protectee requires an employee to work 16 hours 

24 per day or to remain overnight at a post of duty; conduct 

25 of and participation in firearms matches; presentation of 
24 

•S 1298 PCS

1 awards; travel of United States Secret Service employees 

2 on protective missions without regard to the limitations 

3 on such expenditures in this or any other Act if approval 

4 is obtained in advance from the Committees on Appropria5 tions of the Senate and the House of Representatives; re6 search and development; grants to conduct behavioral re7 search in support of protective research and operations; 

8 and payment in advance for commercial accommodations 

9 as may be necessary to perform protective functions; 

10 $1,482,709,000; of which not to exceed $25,000 shall be 

11 for official reception and representation expenses; of which 

12 not to exceed $100,000 shall be to provide technical assist13 ance and equipment to foreign law enforcement organiza14 tions in counterfeit investigations; of which $2,366,000 

15 shall be for forensic and related support of investigations 

16 of missing and exploited children; and of which 

17 $6,000,000 shall be for a grant for activities related to 

18 the investigations of missing and exploited children and 

19 shall remain available until expended: Provided, That up 

20 to $18,000,000 provided for protective travel shall remain 

21 available until September 30, 2011: Provided further, That 

22 up to $1,000,000 for National Special Security Events 

23 shall remain available until expended: Provided further, 

24 That the United States Secret Service is authorized to ob25 ligate funds in anticipation of reimbursements from Fed-
25 

•S 1298 PCS

1 eral agencies and entities, as defined in section 105 of title 

2 5, United States Code, receiving training sponsored by the 

3 James J. Rowley Training Center, except that total obliga4 tions at the end of the fiscal year shall not exceed total 

5 budgetary resources available under this heading at the 

6 end of the fiscal year: Provided further, That none of the 

7 funds made available under this heading shall be available 

8 to compensate any employee for overtime in an annual 

9 amount in excess of $35,000, except that the Secretary 

10 of Homeland Security, or the designee of the Secretary, 

11 may waive that amount as necessary for national security 

12 purposes: Provided further, That none of the funds appro13 priated to the United States Secret Service by this Act 

14 or by previous appropriations Acts may be made available 

15 for the protection of the head of a Federal agency other 

16 than the Secretary of Homeland Security: Provided fur17 ther, That the Director of the United States Secret Service 

18 may enter into an agreement to perform such service on 

19 a fully reimbursable basis: Provided further, That the 

20 United States Secret Service shall open an international 

21 field office in Tallinn, Estonia to combat electronic crimes 

22 with funds made available under this heading in Public 

23 Law 110–329: Provided further, That $4,040,000 shall 

24 not be made available for obligation until enactment into 

25 law of authorizing legislation that incorporates the au-
26 

•S 1298 PCS

1 thorities of the United States Secret Service Uniformed 

2 Division into the United States Code, including restruc3 turing the United States Secret Service Uniformed Divi4 sion’s pay chart. 

5 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

6 RELATED EXPENSES

7 For necessary expenses for acquisition, construction, 

8 repair, alteration, and improvement of facilities, 

9 $3,975,000, to remain available until expended. 

10 TITLE III 

11 PROTECTION, PREPAREDNESS, RESPONSE, AND 

12 RECOVERY 

13 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

14 SALARIES AND EXPENSES

15 For salaries and expenses of the Office of the Under 

16 Secretary for the National Protection and Programs Di17 rectorate, support for operations, information technology, 

18 and the Office of Risk Management and Analysis, 

19 $44,577,000: Provided, That not to exceed $5,000 shall 

20 be for official reception and representation expenses. 

21 INFRASTRUCTURE PROTECTION AND INFORMATION

22 SECURITY

23 For necessary expenses for infrastructure protection 

24 and information security programs and activities, as au25 thorized by title II of the Homeland Security Act of 2002 
27 

•S 1298 PCS

1 (6 U.S.C. 121 et seq.), $901,416,000, of which 

2 $760,755,000 shall remain available until September 30, 

3 2011: Provided, That of the total amount provided, 

4 $20,000,000 is for necessary expenses of the National In5 frastructure Simulation and Analysis Center. 

6 UNITED STATES VISITOR AND IMMIGRANT STATUS

7 INDICATOR TECHNOLOGY

8 For necessary expenses for the development of the 

9 United States Visitor and Immigrant Status Indicator 

10 Technology project, as authorized by section 110 of the 

11 Illegal Immigration Reform and Immigrant Responsibility 

12 Act of 1996 (8 U.S.C. 1365a), $378,194,000, to remain 

13 available until expended: Provided, That of the total 

14 amount made available under this heading, $75,000,000 

15 may not be obligated for the United States Visitor and 

16 Immigrant Status Indicator Technology project until the 

17 Committees on Appropriations of the Senate and the 

18 House of Representatives receive a plan for expenditure 

19 prepared by the Secretary of Homeland Security not later 

20 than 90 days after the date of enactment of this Act: Pro21 vided further, That not less than $28,000,000 of unobli22 gated balances of prior year appropriations shall remain 

23 available and be obligated solely for implementation of a 

24 biometric air exit capability. 
28 

•S 1298 PCS

1 FEDERAL PROTECTIVE SERVICE

2 The revenues and collections of security fees credited 

3 to this account shall be available until expended for nec4 essary expenses related to the protection of federally5 owned and leased buildings and for the operations of the 

6 Federal Protective Service: Provided, That the Secretary 

7 of Homeland Security and the Director of the Office of 

8 Management and Budget shall certify in writing to the 

9 Committees on Appropriations of the Senate and the 

10 House of Representatives no later than December 31, 

11 2009, that the operations of the Federal Protective Service 

12 will be fully funded in fiscal year 2010 through revenues 

13 and collection of security fees, and shall adjust the fees 

14 to ensure fee collections are sufficient to ensure that the 

15 Federal Protective Service maintains not fewer than 1,200 

16 full-time equivalent staff and 900 full-time equivalent Po17 lice Officers, Inspectors, Area Commanders, and Special 

18 Agents who, while working, are directly engaged on a daily 

19 basis protecting and enforcing laws at Federal buildings 

20 (referred to as ‘‘in-service field staff’’). 

21 OFFICE OF HEALTH AFFAIRS

22 For necessary expenses of the Office of Health Af23 fairs, $135,000,000, of which $30,411,000 is for salaries 

24 and expenses; and of which $104,589,000 is to remain 

25 available until September 30, 2011, for biosurveillance, 
29 

•S 1298 PCS

1 BioWatch, medical readiness planning, chemical response, 

2 and other activities: Provided, That not to exceed $3,000 

3 shall be for official reception and representation expenses. 

4 FEDERAL EMERGENCY MANAGEMENT AGENCY

5 MANAGEMENT AND ADMINISTRATION

6 For necessary expenses for management and admin7 istration of the Federal Emergency Management Agency, 

8 $859,700,000, including activities authorized by the Na9 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

10 seq.), the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro 

12 Grande Fire Assistance Act of 2000 (division C, title I, 

13 114 Stat. 583), the Earthquake Hazards Reduction Act 

14 of 1977 (42 U.S.C. 7701 et seq.), the Defense Production 

15 Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 

16 and 303 of the National Security Act of 1947 (50 U.S.C. 

17 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

18 App.), the Homeland Security Act of 2002 (6 U.S.C. 101 

19 et seq.), and the Post-Katrina Emergency Management 

20 Reform Act of 2006 (Public Law 109–295; 120 Stat. 

21 1394): Provided, That not to exceed $3,000 shall be for 

22 official reception and representation expenses: Provided 

23 further, That the President’s budget submitted under sec24 tion 1105(a) of title 31, United States Code, shall be de25 tailed by office for the Federal Emergency Management 
30 

•S 1298 PCS

1 Agency: Provided further, That of the total amount made 

2 available under this heading, $32,500,000 shall be for the 

3 Urban Search and Rescue Response System, of which not 

4 to exceed $1,600,000 may be made available for adminis5 trative costs; and $6,995,000 shall be for the Office of 

6 National Capital Region Coordination: Provided further, 

7 That for purposes of planning, coordination, execution, 

8 and decision-making related to mass evacuation during a 

9 disaster, the Governors of the State of West Virginia and 

10 the Commonwealth of Pennsylvania, or their designees, 

11 shall be incorporated into efforts to integrate the activities 

12 of Federal, State, and local governments in the National 

13 Capital Region, as defined in section 882 of Public Law 

14 107–296, the Homeland Security Act of 2002. 

15 STATE AND LOCAL PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For grants, contracts, cooperative agreements, and 

18 other activities, $3,067,200,000 shall be allocated as fol19 lows: 

20 (1) $950,000,000 shall be for the State Home21 land Security Grant Program under section 2004 of 

22 the Homeland Security Act of 2002 (6 U.S.C. 605): 

23 Provided, That of the amount provided by this para24 graph, $60,000,000 shall be for Operation 

25 Stonegarden. 
31 

•S 1298 PCS

1 (2) $887,000,000 shall be for the Urban Area 

2 Security Initiative under section 2003 of the Home3 land Security Act of 2002 (6 U.S.C. 604), of which, 

4 notwithstanding subsection (c)(1) of such section, 

5 $20,000,000 shall be for grants to organizations (as 

6 described under section 501(c)(3) of the Internal 

7 Revenue Code of 1986 and exempt from tax section 

8 501(a) of such code) determined by the Secretary of 

9 Homeland Security to be at high risk of a terrorist 

10 attack. 

11 (3) $35,000,000 shall be for Regional Cata12 strophic Preparedness Grants. 

13 (4) $40,000,000 shall be for the Metropolitan 

14 Medical Response System under section 635 of the 

15 Post-Katrina Emergency Management Reform Act 

16 of 2006 (6 U.S.C. 723). 

17 (5) $15,000,000 shall be for the Citizen Corps 

18 Program. 

19 (6) $356,000,000 shall be for Public Transpor20 tation Security Assistance, Railroad Security Assist21 ance, and Over-the-Road Bus Security Assistance 

22 under sections 1406, 1513, and 1532 of the Imple23 menting Recommendations of the 9/11 Commission 

24 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 

25 1163, and 1182), of which not less than 
32 

•S 1298 PCS

1 $25,000,000 shall be for Amtrak security, and not 

2 less than $6,000,000 shall be for Over-the-Road Bus 

3 Security Assistance. 

4 (7) $350,000,000 shall be for Port Security 

5 Grants in accordance with 46 U.S.C. 70107. 

6 (8) $50,000,000 shall be for Buffer Zone Pro7 tection Program Grants. 

8 (9) $50,000,000 shall be for Driver’s License 

9 Security Grants Program, pursuant to section 

10 204(a) of the REAL ID Act of 2005 (division B of 

11 Public Law 109–13). 

12 (10) $50,000,000 shall be for the Interoperable 

13 Emergency Communications Grant Program under 

14 section 1809 of the Homeland Security Act of 2002 

15 (6 U.S.C. 579). 

16 (11) $20,000,000 shall be for grants for Emer17 gency Operations Centers under section 614 of the 

18 Robert T. Stafford Disaster Relief and Emergency 

19 Assistance Act (42 U.S.C. 5196c), of which no less 

20 than $1,500,000 shall be for the Ohio Emergency 

21 Management Agency Emergency Operations Center, 

22 Columbus, Ohio; no less than $1,000,000 shall be 

23 for the City of Chicago Emergency Operations Cen24 ter, Chicago, Illinois; no less than $600,000 shall be 

25 for the Ames Emergency Operations Center, Ames, 
33 

•S 1298 PCS

1 Iowa; no less than $353,000 shall be for the County 

2 of Union Emergency Operations Center, Union 

3 County, New Jersey; no less than $300,000 shall be 

4 for the City of Hackensack Emergency Operations 

5 Center, Hackensack, New Jersey; no less than 

6 $247,000 shall be for the Township of South Orange 

7 Village Emergency Operations Center, South Or8 ange, New Jersey; no less than $1,000,000 shall be 

9 for the City of Mount Vernon Emergency Operations 

10 Center, Mount Vernon, New York; no less than 

11 $900,000 shall be for the City of Whitefish Emer12 gency Operations Center, Whitefish, Montana; no 

13 less than $1,000,000 shall be for the Lincoln County 

14 Emergency Operations Center, Lincoln County, 

15 Washington; no less than $980,000 shall be for the 

16 City of Providence Emergency Operations Center, 

17 Providence, Rhode Island; no less than $980,000 for 

18 the North Louisiana Regional Emergency Oper19 ations Center, Lincoln Parish, Louisiana; and no 

20 less than $900,000 for the City of North Little Rock 

21 Emergency Operations Center, North Little Rock, 

22 Arkansas. 

23 (12) $264,200,000 shall be for training, exer24 cises, technical assistance, and other programs, of 

25 which— 
34 

•S 1298 PCS

1 (A) $164,500,000 is for purposes of train2 ing in accordance with section 1204 of the Im3 plementing Recommendations of the 9/11 Com4 mission Act of 2007 (6 U.S.C. 1102), of which 

5 $62,500,000 shall be for the Center for Domes6 tic Preparedness; $23,000,000 shall be for the 

7 National Energetic Materials Research and 

8 Testing Center, New Mexico Institute of Mining 

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

10 National Center for Biomedical Research and 

11 Training, Louisiana State University; 

12 $23,000,000 shall be for the National Emer13 gency Response and Rescue Training Center, 

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

15 for the National Exercise, Test, and Training 

16 Center, Nevada Test Site; $5,000,000 shall be 

17 for the Transportation Technology Center, In18 corporated, in Pueblo, Colorado; and 

19 $5,000,000 shall be for the Natural Disaster 

20 Preparedness Training Center, University of 

21 Hawaii, Honolulu, Hawaii; and 

22 (B) $1,700,000 shall be for the Center for 

23 Counterterrorism and Cyber Crime, Norwich 

24 University, Northfield, Vermont: 
35 

•S 1298 PCS

1 Provided, That 4.1 percent of the amounts provided under 

2 this heading shall be transferred to the Federal Emer3 gency Management Agency ‘‘Management and Adminis4 tration’’ account for program administration, and an ex5 penditure plan for program administration shall be pro6 vided to the Committees on Appropriations of the Senate 

7 and the House of Representatives within 60 days of the 

8 date of enactment of this Act: Provided further, That, not9 withstanding section 2008(a)(11) of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 609(a)(11)), or any other pro11 vision of law, a grantee may use not more than 5 percent 

12 of the amount of a grant made available under this head13 ing for expenses directly related to administration of the 

14 grant: Provided further, That for grants under paragraphs 

15 (1) through (5), the applications for grants shall be made 

16 available to eligible applicants not later than 25 days after 

17 the date of enactment of this Act, that eligible applicants 

18 shall submit applications not later than 90 days after the 

19 grant announcement, and that the Administrator of the 

20 Federal Emergency Management Agency shall act within 

21 90 days after receipt of an application: Provided further, 

22 That for grants under paragraphs (6) through (10), the 

23 applications for grants shall be made available to eligible 

24 applicants not later than 30 days after the date of enact25 ment of this Act, that eligible applicants shall submit ap-
36 

•S 1298 PCS

1 plications within 45 days after the grant announcement, 

2 and that the Federal Emergency Management Agency 

3 shall act not later than 60 days after receipt of an applica4 tion: Provided further, That for grants under paragraphs 

5 (1) and (2), the installation of communications towers is 

6 not considered construction of a building or other physical 

7 facility: Provided further, That grantees shall provide re8 ports on their use of funds, as determined necessary by 

9 the Secretary: Provided further, That (a) the Center for 

10 Domestic Preparedness may provide training to emer11 gency response providers from the Federal Government, 

12 foreign governments, or private entities, if the Center for 

13 Domestic Preparedness is reimbursed for the cost of such 

14 training, and any reimbursement under this subsection 

15 shall be credited to the account from which the expendi16 ture being reimbursed was made and shall be available, 

17 without fiscal year limitation, for the purposes for which 

18 amounts in the account may be expended, (b) the head 

19 of the Center for Domestic Preparedness shall ensure that 

20 any training provided under (a) does not interfere with 

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

22 emergency response providers. 

23 FIREFIGHTER ASSISTANCE GRANTS

24 For necessary expenses for programs authorized by 

25 the Federal Fire Prevention and Control Act of 1974 (15 
37 

•S 1298 PCS

1 U.S.C. 2201 et seq.), $800,000,000, of which 

2 $380,000,000 shall be available to carry out section 33 

3 of that Act (15 U.S.C. 2229) and $420,000,000 shall be 

4 available to carry out section 34 of that Act (15 U.S.C. 

5 2229a), to remain available until September 30, 2010: 

6 Provided, That 5 percent of the amount available under 

7 this heading shall be for program administration, and an 

8 expenditure plan for program administration shall be pro9 vided to the Committees on Appropriations of the Senate 

10 and the House of Representatives within 60 days of the 

11 date of enactment of this Act. 

12 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

13 For necessary expenses for emergency management 

14 performance grants, as authorized by the National Flood 

15 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob16 ert T. Stafford Disaster Relief and Emergency Assistance 

17 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 

18 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re19 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

20 $350,000,000: Provided, That total administrative costs 

21 shall be 3 percent of the total amount appropriated under 

22 this heading. 

23 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

24 The aggregate charges assessed during fiscal year 

25 2010, as authorized in title III of the Departments of Vet-
38 

•S 1298 PCS

1 erans Affairs and Housing and Urban Development, and 

2 Independent Agencies Appropriations Act, 1999 (42 

3 U.S.C. 5196e), shall not be less than 100 percent of the 

4 amounts anticipated by the Department of Homeland Se5 curity necessary for its radiological emergency prepared6 ness program for the next fiscal year: Provided, That the 

7 methodology for assessment and collection of fees shall be 

8 fair and equitable and shall reflect costs of providing such 

9 services, including administrative costs of collecting such 

10 fees: Provided further, That fees received under this head11 ing shall be deposited in this account as offsetting collec12 tions and will become available for authorized purposes on 

13 October 1, 2010, and remain available until expended. 

14 UNITED STATES FIRE ADMINISTRATION

15 For necessary expenses of the United States Fire Ad16 ministration and for other purposes, as authorized by the 

17 Federal Fire Prevention and Control Act of 1974 (15 

18 U.S.C. 2201 et seq.) and the Homeland Security Act of 

19 2002 (6 U.S.C. 101 et seq.), $45,588,000. 

20 DISASTER RELIEF

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses in carrying out the Robert 

23 T. Stafford Disaster Relief and Emergency Assistance Act 

24 (42 U.S.C. 5121 et seq.), $1,456,866,000, to remain avail25 able until expended: Provided, That the Federal Emer-
39 

•S 1298 PCS

1 gency Management Agency shall submit an expenditure 

2 plan to the Committees on Appropriations of the Senate 

3 and the House of Representatives detailing the use of the 

4 funds for disaster readiness and support within 60 days 

5 after the date of enactment of this Act: Provided further, 

6 That the Federal Emergency Management Agency shall 

7 provide a quarterly report detailing obligations against the 

8 expenditure plan and a justification for any changes in 

9 spending: Provided further, That of the total amount pro10 vided, $16,000,000 shall be transferred to the Department 

11 of Homeland Security Office of Inspector General for au12 dits and investigations related to disasters, subject to sec13 tion 503 of this Act: Provided further, That up to 

14 $50,000,000 may be transferred to Federal Emergency 

15 Management Agency ‘‘Management and Administration’’ 

16 for management and administration functions: Provided 

17 further, That the amount provided in the previous proviso 

18 shall not be available for transfer to ‘‘Management and 

19 Administration’’ until the Federal Emergency Manage20 ment Agency submits an implementation plan to the Com21 mittees on Appropriations of the Senate and the House 

22 of Representatives: Provided further, That the Federal 

23 Emergency Management Agency shall submit the monthly 

24 ‘‘Disaster Relief’’ report, as specified in Public Law 110– 

25 161, to the Committees on Appropriations of the Senate 
40 

•S 1298 PCS

1 and the House of Representatives, and include the 

2 amounts provided to each Federal agency for mission as3 signments: Provided further, That for any request for re4 imbursement from a Federal agency to the Department 

5 of Homeland Security to cover expenditures under the 

6 Robert T. Stafford Disaster Relief and Emergency Assist7 ance Act (42 U.S.C. 5121 et seq.), or any mission assign8 ment orders issued by the Department for such purposes, 

9 the Secretary of Homeland Security shall take appropriate 

10 steps to ensure that each agency is periodically reminded 

11 of Department policies on— 

12 (1) the detailed information required in sup13 porting documentation for reimbursements; and 

14 (2) the necessity for timeliness of agency bil15 lings. 

16 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

17 For activities under section 319 of the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5162), $295,000 is for the cost of direct loans: 

20 Provided, That gross obligations for the principal amount 

21 of direct loans shall not exceed $25,000,000: Provided fur22 ther, That the cost of modifying such loans shall be as 

23 defined in section 502 of the Congressional Budget Act 

24 of 1974 (2 U.S.C. 661a). 
41 

•S 1298 PCS

1 FLOOD MAP MODERNIZATION FUND

2 For necessary expenses under section 1360 of the 

3 National Flood Insurance Act of 1968 (42 U.S.C. 4101), 

4 $220,000,000, and such additional sums as may be pro5 vided by State and local governments or other political 

6 subdivisions for cost-shared mapping activities under sec7 tion 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re8 main available until expended: Provided, That total admin9 istrative costs shall not exceed 3 percent of the total 

10 amount appropriated under this heading. 

11 NATIONAL FLOOD INSURANCE FUND

12 For activities under the National Flood Insurance 

13 Act of 1968 (42 U.S.C. 4001 et seq.), and the Flood Dis14 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

15 $159,469,000, which shall be derived from offsetting col16 lections assessed and collected under section 1308(d) of 

17 the National Flood Insurance Act of 1968 (42 U.S.C. 

18 4015(d)), which is available as follows: (1) not to exceed 

19 $52,149,000 for salaries and expenses associated with 

20 flood mitigation and flood insurance operations; and (2) 

21 no less than $107,320,000 for flood plain management 

22 and flood mapping, which shall remain available until Sep23 tember 30, 2011: Provided, That any additional fees col24 lected pursuant to section 1308(d) of the National Flood 

25 Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be cred-
42 

•S 1298 PCS

1 ited as an offsetting collection to this account, to be avail2 able for flood plain management and flood mapping: Pro3 vided further, That in fiscal year 2010, no funds shall be 

4 available from the National Flood Insurance Fund under 

5 section 1310 of that Act (42 U.S.C. 4017) in excess of: 

6 (1) $85,000,000 for operating expenses; (2) $969,370,000 

7 for commissions and taxes of agents; (3) such sums as 

8 are necessary for interest on Treasury borrowings; and (4) 

9 $120,000,000, which shall remain available until expended 

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

11 severe repetitive loss properties under section 1361A of 

12 the National Flood Insurance Act of 1968 (42 U.S.C. 

13 4102a), of which $10,000,000 is for repetitive insurance 

14 claims properties under section 1323 of the National 

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

16 which $40,000,000 is for flood mitigation assistance under 

17 section 1366 of the National Flood Insurance Act of 1968 

18 (42 U.S.C. 4104c) notwithstanding subparagraphs (B) 

19 and (C) of subsection (b)(3) and subsection (f) of section 

20 1366 of the National Flood Insurance Act of 1968 (42 

21 U.S.C. 4104c) and notwithstanding subsection (a)(7) of 

22 section 1310 of the National Flood Insurance Act of 1968 

23 (42 U.S.C. 4017): Provided further, That amounts col24 lected under section 102 of the Flood Disaster Protection 

25 Act of 1973 and section 1366(i) of the National Flood 
43 

•S 1298 PCS

1 Insurance Act of 1968 shall be deposited in the National 

2 Flood Insurance Fund to supplement other amounts speci3 fied as available for section 1366 of the National Flood 

4 Insurance Act of 1968, notwithstanding 42 U.S.C. 

5 4012a(f)(8), 4104c(i), and 4104d(b)(2)–(3): Provided fur6 ther, That total administrative costs shall not exceed 4 

7 percent of the total appropriation. 

8 NATIONAL PREDISASTER MITIGATION FUND

9 For the predisaster mitigation grant program under 

10 section 203 of the Robert T. Stafford Disaster Relief and 

11 Emergency Assistance Act (42 U.S.C. 5133), 

12 $120,000,000, to remain available until expended: Pro13 vided, That the total administrative costs associated with 

14 such grants shall not exceed 3 percent of the total amount 

15 made available under this heading. 

16 EMERGENCY FOOD AND SHELTER

17 To carry out the emergency food and shelter program 

18 pursuant to title III of the McKinney-Vento Homeless As19 sistance Act (42 U.S.C. 11331 et seq.), $175,000,000, to 

20 remain available until expended: Provided, That total ad21 ministrative costs shall not exceed 3.5 percent of the total 

22 amount made available under this heading. 
44 

•S 1298 PCS

1 TITLE IV 

2 RESEARCH AND DEVELOPMENT, TRAINING, 

3 AND SERVICES 

4 UNITED STATES CITIZENSHIP AND IMMIGRATION

5 SERVICES

6 For necessary expenses for citizenship and immigra7 tion services, $135,700,000, of which $5,000,000 is for 

8 the processing of military naturalization applications and 

9 $118,500,000 is for the E-Verify program to assist United 

10 States employers with maintaining a legal workforce: Pro11 vided, That of the amount provided for the E-Verify pro12 gram, $10,000,000 is available until expended for E13 Verify process and system enhancements: Provided fur14 ther, That notwithstanding any other provision of law, 

15 funds available to United States Citizenship and Immigra16 tion Services may be used to acquire, operate, equip, dis17 pose of and replace up to five vehicles, of which two are 

18 for replacement only, for areas where the Administrator 

19 of General Services does not provide vehicles for lease: 

20 Provided further, That the Director of United States Citi21 zenship and Immigration Services may authorize employ22 ees who are assigned to those areas to use such vehicles 

23 between the employees’ residences and places of employ24 ment. 
45 

•S 1298 PCS

1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 For necessary expenses of the Federal Law Enforce3 ment Training Center, including materials and support 

4 costs of Federal law enforcement basic training; the pur5 chase of not to exceed 117 vehicles for police-type use and 

6 hire of passenger motor vehicles; expenses for student ath7 letic and related activities; the conduct of and participa8 tion in firearms matches and presentation of awards; pub9 lic awareness and enhancement of community support of 

10 law enforcement training; room and board for student in11 terns; a flat monthly reimbursement to employees author12 ized to use personal mobile phones for official duties; and 

13 services as authorized by section 3109 of title 5, United 

14 States Code; $244,356,000, of which up to $47,751,000 

15 shall remain available until September 30, 2011, for mate16 rials and support costs of Federal law enforcement basic 

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

18 expended for Federal law enforcement agencies partici19 pating in training accreditation, to be distributed as deter20 mined by the Federal Law Enforcement Training Center 

21 for the needs of participating agencies; and of which not 

22 to exceed $12,000 shall be for official reception and rep23 resentation expenses: Provided, That the Center is author24 ized to obligate funds in anticipation of reimbursements 

25 from agencies receiving training sponsored by the Center, 
46 

•S 1298 PCS

1 except that total obligations at the end of the fiscal year 

2 shall not exceed total budgetary resources available at the 

3 end of the fiscal year: Provided further, That section 

4 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), 

5 as amended by Public Law 110–329 (122 Stat. 3677), is 

6 further amended by striking ‘‘December 31, 2011’’ and 

7 inserting ‘‘December 31, 2012’’: Provided further, That 

8 the Federal Law Enforcement Training Accreditation 

9 Board, including representatives from the Federal law en10 forcement community and non-Federal accreditation ex11 perts involved in law enforcement training, shall lead the 

12 Federal law enforcement training accreditation process to 

13 continue the implementation of measuring and assessing 

14 the quality and effectiveness of Federal law enforcement 

15 training programs, facilities, and instructors: Provided 

16 further, That the Director of the Federal Law Enforce17 ment Training Center shall schedule basic or advanced law 

18 enforcement training, or both, at all four training facilities 

19 under the control of the Federal Law Enforcement Train20 ing Center to ensure that such training facilities are oper21 ated at the highest capacity throughout the fiscal year. 

22 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

23 RELATED EXPENSES

24 For acquisition of necessary additional real property 

25 and facilities, construction, and ongoing maintenance, fa-
47 

•S 1298 PCS

1 cility improvements, and related expenses of the Federal 

2 Law Enforcement Training Center, $43,456,000, to re3 main available until expended: Provided, That the Center 

4 is authorized to accept reimbursement to this appropria5 tion from government agencies requesting the construction 

6 of special use facilities. 

7 SCIENCE AND TECHNOLOGY

8 MANAGEMENT AND ADMINISTRATION

9 For salaries and expenses of the Office of the Under 

10 Secretary for Science and Technology and for manage11 ment and administration of programs and activities, as 

12 authorized by title III of the Homeland Security Act of 

13 2002 (6 U.S.C. 181 et seq.), $143,200,000: Provided, 

14 That not to exceed $10,000 shall be for official reception 

15 and representation expenses. 

16 RESEARCH, DEVELOPMENT, ACQUISITION, AND

17 OPERATIONS

18 For necessary expenses for science and technology re19 search, including advanced research projects; development; 

20 test and evaluation; acquisition; and operations; as author21 ized by title III of the Homeland Security Act of 2002 

22 (6 U.S.C. 181 et seq.); $851,729,000, to remain available 

23 until September 30, 2011: Provided, That not less than 

24 $20,865,000 shall be available for the Southeast Region 

25 Research Initiative at the Oak Ridge National Laboratory: 
48 

•S 1298 PCS

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

2 available for Distributed Environment for Critical Infra3 structure Decisionmaking Exercises: Provided further, 

4 That not less than $12,000,000 is for construction ex5 penses of the Pacific Northwest National Laboratory: Pro6 vided further, That not less than $2,000,000 shall be for 

7 the Cincinnati Urban Area partnership established 

8 through the Regional Technology Integration Initiative: 

9 Provided further, That not less than $36,312,000 shall be 

10 for the National Bio and Agro-defense Facility. 

11 DOMESTIC NUCLEAR DETECTION OFFICE

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Domestic Nuclear 

14 Detection Office as authorized by title XIX of the Home15 land Security Act of 2002 (6 U.S.C. 591 et seq.) for man16 agement and administration of programs and activities, 

17 $37,500,000: Provided, That not to exceed $3,000 shall 

18 be for official reception and representation expenses. 

19 RESEARCH, DEVELOPMENT, AND OPERATIONS

20 For necessary expenses for radiological and nuclear 

21 research, development, testing, evaluation, and operations, 

22 $326,537,000, to remain available until September 30, 

23 2011. 
49 

•S 1298 PCS

1 SYSTEMS ACQUISITION

2 For expenses for the Domestic Nuclear Detection Of3 fice acquisition and deployment of radiological detection 

4 systems in accordance with the global nuclear detection 

5 architecture, $10,000,000, to remain available until Sep6 tember 30, 2011: Provided, That none of the funds appro7 priated under this heading in this Act or any other Act 

8 shall be obligated for full-scale procurement of Advanced 

9 Spectroscopic Portal monitors until the Secretary of 

10 Homeland Security submits to the Committees on Appro11 priations of the Senate and the House of Representatives 

12 a report certifying that a significant increase in oper13 ational effectiveness will be achieved: Provided further, 

14 That the Secretary shall submit separate and distinct cer15 tifications prior to the procurement of Advanced 

16 Spectroscopic Portal monitors for primary and secondary 

17 deployment that address the unique requirements for 

18 operational effectiveness of each type of deployment: Pro19 vided further, That the Secretary shall continue to consult 

20 with the National Academy of Sciences before making 

21 such certifications: Provided further, That none of the 

22 funds appropriated under this heading shall be used for 

23 high-risk concurrent development and production of mutu24 ally dependent software and hardware. 
50 

•S 1298 PCS

1 TITLE V 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS OF FUNDS)

4 SEC. 501. No part of any appropriation contained in 

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

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

8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 

10 to appropriation accounts for such activities established 

11 pursuant to this Act, may be merged with funds in the 

12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 

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

16 provided by previous appropriations Acts to the agencies 

17 in or transferred to the Department of Homeland Security 

18 that remain available for obligation or expenditure in fiscal 

19 year 2010, or provided from any accounts in the Treasury 

20 of the United States derived by the collection of fees avail21 able to the agencies funded by this Act, shall be available 

22 for obligation or expenditure through a reprogramming of 

23 funds that: (1) creates a new program, project, or activity; 

24 (2) eliminates a program, project, office, or activity; (3) 

25 increases funds for any program, project, or activity for 
51 

•S 1298 PCS

1 which funds have been denied or restricted by the Con2 gress; (4) proposes to use funds directed for a specific ac3 tivity by either of the Committees on Appropriations of 

4 the Senate or the House of Representatives for a different 

5 purpose; or (5) contracts out any function or activity for 

6 which funding levels were requested for Federal full-time 

7 equivalents in the object classification tables contained in 

8 the fiscal year 2010 Budget Appendix for the Department 

9 of Homeland Security, as modified by the explanatory 

10 statement accompanying this Act, unless the Committees 

11 on Appropriations of the Senate and the House of Rep12 resentatives are notified 15 days in advance of such re13 programming of funds. 

14 (b) None of the funds provided by this Act, provided 

15 by previous appropriations Acts to the agencies in or 

16 transferred to the Department of Homeland Security that 

17 remain available for obligation or expenditure in fiscal 

18 year 2010, or provided from any accounts in the Treasury 

19 of the United States derived by the collection of fees or 

20 proceeds available to the agencies funded by this Act, shall 

21 be available for obligation or expenditure for programs, 

22 projects, or activities through a reprogramming of funds 

23 in excess of $5,000,000 or 10 percent, whichever is less, 

24 that: (1) augments existing programs, projects, or activi25 ties; (2) reduces by 10 percent funding for any existing 
52 

•S 1298 PCS

1 program, project, or activity, or numbers of personnel by 

2 10 percent as approved by the Congress; or (3) results 

3 from any general savings from a reduction in personnel 

4 that would result in a change in existing programs, 

5 projects, or activities as approved by the Congress, unless 

6 the Committees on Appropriations of the Senate and the 

7 House of Representatives are notified 15 days in advance 

8 of such reprogramming of funds. 

9 (c) Not to exceed 5 percent of any appropriation 

10 made available for the current fiscal year for the Depart11 ment of Homeland Security by this Act or provided by 

12 previous appropriations Acts may be transferred between 

13 such appropriations, but no such appropriation, except as 

14 otherwise specifically provided, shall be increased by more 

15 than 10 percent by such transfers: Provided, That any 

16 transfer under this section shall be treated as a re17 programming of funds under subsection (b) and shall not 

18 be available for obligation unless the Committees on Ap19 propriations of the Senate and the House of Representa20 tives are notified 15 days in advance of such transfer. 

21 (d) Notwithstanding subsections (a), (b), and (c) of 

22 this section, no funds shall be reprogrammed within or 

23 transferred between appropriations after June 30, except 

24 in extraordinary circumstances that imminently threaten 

25 the safety of human life or the protection of property. 
53 

•S 1298 PCS

1 SEC. 504. The Department of Homeland Security 

2 Working Capital Fund, established pursuant to section 

3 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

4 continue operations as a permanent working capital fund 

5 for fiscal year 2010: Provided, That none of the funds ap6 propriated or otherwise made available to the Department 

7 of Homeland Security may be used to make payments to 

8 the Working Capital Fund, except for the activities and 

9 amounts allowed in the President’s fiscal year 2010 budg10 et: Provided further, That funds provided to the Working 

11 Capital Fund shall be available for obligation until ex12 pended to carry out the purposes of the Working Capital 

13 Fund: Provided further, That all departmental components 

14 shall be charged only for direct usage of each Working 

15 Capital Fund service: Provided further, That funds pro16 vided to the Working Capital Fund shall be used only for 

17 purposes consistent with the contributing component: Pro18 vided further, That such fund shall be paid in advance or 

19 reimbursed at rates which will return the full cost of each 

20 service: Provided further, That the Working Capital Fund 

21 shall be subject to the requirements of section 503 of this 

22 Act. 

23 SEC. 505. Except as otherwise specifically provided 

24 by law, not to exceed 50 percent of unobligated balances 

25 remaining available at the end of fiscal year 2010 from 
54 

•S 1298 PCS

1 appropriations for salaries and expenses for fiscal year 

2 2010 in this Act shall remain available through September 

3 30, 2011, in the account and for the purposes for which 

4 the appropriations were provided: Provided, That prior to 

5 the obligation of such funds, a request shall be submitted 

6 to the Committees on Appropriations of the Senate and 

7 the House of Representatives for approval in accordance 

8 with section 503 of this Act. 

9 SEC. 506. Funds made available by this Act for intel10 ligence activities are deemed to be specifically authorized 

11 by the Congress for purposes of section 504 of the Na12 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

13 year 2010 until the enactment of an Act authorizing intel14 ligence activities for fiscal year 2010. 

15 SEC. 507. None of the funds made available by this 

16 Act may be used to make a grant allocation, discretionary 

17 grant award, discretionary contract award, Other Trans18 action Agreement, or to issue a letter of intent totaling 

19 in excess of $1,000,000, or to announce publicly the inten20 tion to make such an award, including a contract covered 

21 by the Federal Acquisition Regulation, unless the Sec22 retary of Homeland Security notifies the Committees on 

23 Appropriations of the Senate and the House of Represent24 atives at least 3 full business days in advance of making 

25 such an award or issuing such a letter: Provided, That 
55 

•S 1298 PCS

1 if the Secretary of Homeland Security determines that 

2 compliance with this section would pose a substantial risk 

3 to human life, health, or safety, an award may be made 

4 without notification and the Committees on Appropria5 tions of the Senate and the House of Representatives shall 

6 be notified not later than 5 full business days after such 

7 an award is made or letter issued: Provided further, That 

8 no notification shall involve funds that are not available 

9 for obligation: Provided further, That the notification shall 

10 include the amount of the award, the fiscal year in which 

11 the funds for the award were appropriated, and the ac12 count from which the funds are being drawn: Provided fur13 ther, That the Federal Emergency Management Agency 

14 shall brief the Committees on Appropriations of the Sen15 ate and the House of Representatives 5 full business days 

16 in advance of announcing publicly the intention of making 

17 an award under the State Homeland Security Grant Pro18 gram; Urban Area Security Initiative; and the Regional 

19 Catastrophic Preparedness Grant Program. 

20 SEC. 508. Notwithstanding any other provision of 

21 law, no agency shall purchase, construct, or lease any ad22 ditional facilities, except within or contiguous to existing 

23 locations, to be used for the purpose of conducting Federal 

24 law enforcement training without the advance approval of 

25 the Committees on Appropriations of the Senate and the 
56 

•S 1298 PCS

1 House of Representatives, except that the Federal Law 

2 Enforcement Training Center is authorized to obtain the 

3 temporary use of additional facilities by lease, contract, 

4 or other agreement for training which cannot be accommo5 dated in existing Center facilities. 

6 SEC. 509. None of the funds appropriated or other7 wise made available by this Act may be used for expenses 

8 for any construction, repair, alteration, or acquisition 

9 project for which a prospectus otherwise required under 

10 chapter 33 of title 40, United States Code, has not been 

11 approved, except that necessary funds may be expended 

12 for each project for required expenses for the development 

13 of a proposed prospectus. 

14 SEC. 510. Sections 519, 520, 528, and 531 of the 

15 Department of Homeland Security Appropriations Act, 

16 2008 (division E of Public Law 110–161; 121 Stat. 2073, 

17 2074) shall apply with respect to funds made available in 

18 this Act in the same manner as such sections applied to 

19 funds made available in that Act. 

20 SEC. 511. None of the funds in this Act may be used 

21 in contravention of the applicable provisions of the Buy 

22 American Act (41 U.S.C. 10a et seq.). 

23 SEC. 512. None of the funds provided by this or pre24 vious appropriations Acts may be obligated for deployment 

25 or implementation of the Secure Flight program or any 
57 

•S 1298 PCS

1 other follow-on or successor passenger screening program 

2 that: (1) utilizes or tests algorithms assigning risk to pas3 sengers whose names are not on Government watch lists; 

4 or (2) uses data or a database that is obtained from or 

5 remains under the control of a non-Federal entity: Pro6 vided, That this restriction shall not apply to Passenger 

7 Name Record data obtained from air carriers. 

8 SEC. 513. None of the funds made available in this 

9 Act may be used to amend the oath of allegiance required 

10 by section 337 of the Immigration and Nationality Act 

11 (8 U.S.C. 1448). 

12 SEC. 514. None of the funds appropriated by this Act 

13 may be used to process or approve a competition under 

14 Office of Management and Budget Circular A–76 for serv15 ices provided as of June 1, 2004, by employees (including 

16 employees serving on a temporary or term basis) of United 

17 States Citizenship and Immigration Services of the De18 partment of Homeland Security who are known as of that 

19 date as Immigration Information Officers, Contact Rep20 resentatives, or Investigative Assistants. 

21 SEC. 515. (a) The Assistant Secretary of Homeland 

22 Security (Transportation Security Administration) shall 

23 work with air carriers and airports to ensure that the 

24 screening of cargo carried on passenger aircraft, as de25 fined in section 44901(g)(5) of title 49, United States 
58 

•S 1298 PCS

1 Code, increases incrementally each quarter until the re2 quirement of section 44901(g)(2)(B) of title 49 are met. 

3 (b) Not later than 45 days after the end of each quar4 ter, the Assistant Secretary shall submit to the Commit5 tees on Appropriations of the Senate and the House of 

6 Representatives a report on air cargo inspection statistics 

7 by airport and air carrier detailing the incremental 

8 progress being made to meet the requirement of section 

9 44901(g)(2)(B) of title 49, United States Code. 

10 SEC. 516. Except as provided in section 44945 of title 

11 49, United States Code, funds appropriated or transferred 

12 to Transportation Security Administration ‘‘Aviation Se13 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

14 Support’’ for fiscal years 2004, 2005, 2006, 2007, and 

15 2008 that are recovered or deobligated shall be available 

16 only for the procurement or installation of explosives de17 tection systems, for air cargo, baggage, and checkpoint 

18 screening systems, subject to notification: Provided, That 

19 quarterly reports shall be submitted to the Committees on 

20 Appropriations of the Senate and the House of Represent21 atives on any funds that are recovered or deobligated. 

22 SEC. 517. Any funds appropriated to United States 

23 Coast Guard, ‘‘Acquisition, Construction, and Improve24 ments’’ for fiscal years 2002, 2003, 2004, 2005, and 2006 

25 for the 110–123 foot patrol boat conversion that are recov-
59 

•S 1298 PCS

1 ered, collected, or otherwise received as the result of nego2 tiation, mediation, or litigation, shall be available until ex3 pended for the Replacement Patrol Boat (FRC-B) pro4 gram. 

5 SEC. 518. (a)(1) Except as provided in paragraph 

6 (2), none of the funds provided in this or any other Act 

7 shall be available to commence or continue operations of 

8 the National Applications Office until— 

9 (A) the Secretary certifies that: (i) National 

10 Applications Office programs comply with all exist11 ing laws, including all applicable privacy and civil 

12 liberties standards; and, (ii) that clear definitions of 

13 all proposed domains are established and are 

14 auditable; 

15 (B) the Comptroller General of the United 

16 States notifies the Committees on Appropriations of 

17 the Senate and the House of Representatives and 

18 the Secretary that the Comptroller has reviewed 

19 such certification; and 

20 (C) the Secretary notifies the Committees of all 

21 funds to be expended on the National Applications 

22 Office pursuant to section 503 of this Act. 

23 (2) Paragraph (1) shall not apply with respect to any 

24 use of funds for activities substantially similar to such ac25 tivities conducted by the Department of the Interior as 
60 

•S 1298 PCS

1 set forth in the 1975 charter for the Civil Applications 

2 Committee under the provisions of law codified at section 

3 31 of title 43, United States Code. 

4 (b) The Inspector General shall provide to the Com5 mittees on Appropriations of the Senate and the House 

6 of Representatives a classified report on a quarterly basis 

7 containing a review of the data collected by the National 

8 Applications Office, including a description of the collec9 tion purposes and the legal authority under which the col10 lection activities were authorized: Provided, That the re11 port shall also include a listing of all data collection activi12 ties carried out on behalf of the National Applications Of13 fice by any component of the National Guard. 

14 (c) None of the funds provided in this or any other 

15 Act shall be available to commence operations of the Na16 tional Immigration Information Sharing Operation until 

17 the Secretary certifies that such program complies with 

18 all existing laws, including all applicable privacy and civil 

19 liberties standards, the Comptroller General of the United 

20 States notifies the Committees on Appropriations of the 

21 Senate and the House of Representatives and the Sec22 retary that the Comptroller has reviewed such certifi23 cation, and the Secretary notifies the Committees on Ap24 propriations of the Senate and the House of Representa25 tives of all funds to be expended on the National Immigra-
61 

•S 1298 PCS

1 tion Information Sharing Operation pursuant to section 

2 503. 

3 SEC. 519. Within 45 days after the close of each 

4 month, the Chief Financial Officer of the Department of 

5 Homeland Security shall submit to the Committees on Ap6 propriations of the Senate and the House of Representa7 tives a monthly budget and staffing report that includes 

8 total obligations, on-board versus funded full-time equiva9 lent staffing levels, and the number of contract employees 

10 by office. 

11 SEC. 520. Section 532(a) of Public Law 109–295 

12 (120 Stat. 1384) is amended by striking ‘‘2009’’ and in13 serting ‘‘2010’’. 

14 SEC. 521. The functions of the Federal Law Enforce15 ment Training Center instructor staff shall be classified 

16 as inherently governmental for the purpose of the Federal 

17 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

18 note). 

19 SEC. 522. (a) None of the funds provided by this or 

20 any other Act may be obligated for the development, test21 ing, deployment, or operation of any portion of a human 

22 resources management system authorized by 5 U.S.C. 

23 9701(a), or by regulations prescribed pursuant to such 

24 section, for an employee as defined in 5 U.S.C. 

25 7103(a)(2). 
62 

•S 1298 PCS

1 (b) The Secretary of Homeland Security shall col2 laborate with employee representatives in the manner pre3 scribed in 5 U.S.C. 9701(e), in the planning, testing, and 

4 development of any portion of a human resources manage5 ment system that is developed, tested, or deployed for per6 sons excluded from the definition of employee as that term 

7 is defined in 5 U.S.C. 7103(a)(2). 

8 SEC. 523. None of the funds made available in this 

9 or any other Act may be used to enforce section 4025(1) 

10 of Public Law 108–458 unless the Assistant Secretary of 

11 Homeland Security (Transportation Security Administra12 tion) reverses the determination of July 19, 2007, that 

13 butane lighters are not a significant threat to civil aviation 

14 security. 

15 SEC. 524. Funds made available in this Act may be 

16 used to alter operations within the Civil Engineering Pro17 gram of the Coast Guard nationwide, including civil engi18 neering units, facilities design and construction centers, 

19 maintenance and logistics commands, and the Coast 

20 Guard Academy, except that none of the funds provided 

21 in this Act may be used to reduce operations within any 

22 Civil Engineering Unit unless specifically authorized by a 

23 statute enacted after the date of the enactment of this 

24 Act. 
63 

•S 1298 PCS

1 SEC. 525. (a) Except as provided in subsection (b), 

2 none of the funds appropriated in this or any other Act 

3 to the Office of the Secretary and Executive Management, 

4 the Office of the Under Secretary for Management, or the 

5 Office of the Chief Financial Officer, may be obligated for 

6 a grant or contract funded under such headings by a 

7 means other than full and open competition. 

8 (b) Subsection (a) does not apply to obligation of 

9 funds for a contract awarded— 

10 (1) by a means that is required by a Federal 

11 statute, including obligation for a purchase made 

12 under a mandated preferential program, such as the 

13 AbilityOne Program, that is authorized under the 

14 Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.); 

15 (2) under the Small Business Act (15 U.S.C. 

16 631 et seq.); 

17 (3) in an amount less than the simplified acqui18 sition threshold described under section 302A(a) of 

19 the Federal Property and Administrative Services 

20 Act of 1949 (41 U.S.C. 252a(a)); or 

21 (4) by another Federal agency using funds pro22 vided through an interagency agreement. 

23 (c)(1) Subject to paragraph (2), the Secretary of 

24 Homeland Security may waive the application of this sec25 tion for the award of a contract in the interest of national 
64 

•S 1298 PCS

1 security or if failure to do so would pose a substantial risk 

2 to human health or welfare. 

3 (2) Not later than 5 days after the date on which 

4 the Secretary of Homeland Security issues a waiver under 

5 this subsection, the Secretary shall submit notification of 

6 that waiver to the Committees on Appropriations of the 

7 Senate and the House of Representatives, including a de8 scription of the applicable contract and an explanation of 

9 why the waiver authority was used. The Secretary may 

10 not delegate the authority to grant such a waiver. 

11 (d) In addition to the requirements established by 

12 this section, the Inspector General for the Department of 

13 Homeland Security shall review departmental contracts 

14 awarded through other than full and open competition to 

15 assess departmental compliance with applicable laws and 

16 regulations: Provided, That the Inspector General shall re17 view selected contracts awarded in the previous fiscal year 

18 through other than full and open competition: Provided 

19 further, That in determining which contracts to review, the 

20 Inspector General shall consider the cost and complexity 

21 of the goods and services to be provided under the con22 tract, the criticality of the contract to fulfilling Depart23 ment missions, past performance problems on similar con24 tracts or by the selected vendor, complaints received about 

25 the award process or contractor performance, and such 
65 

•S 1298 PCS

1 other factors as the Inspector General deems relevant: 

2 Provided further, That the Inspector General shall report 

3 the results of the reviews to the Committees on Appropria4 tions of the Senate and the House of Representatives no 

5 later than February 5, 2010. 

6 SEC. 526. None of the funds made available in this 

7 Act may be used by United States Citizenship and Immi8 gration Services to grant an immigration benefit unless 

9 the results of background checks required by law to be 

10 completed prior to the granting of the benefit have been 

11 received by United States Citizenship and Immigration 

12 Services, and the results do not preclude the granting of 

13 the benefit. 

14 SEC. 527. None of the funds made available in this 

15 Act may be used to destroy or put out to pasture any horse 

16 or other equine belonging to the Federal Government that 

17 has become unfit for service, unless the trainer or handler 

18 is first given the option to take possession of the equine 

19 through an adoption program that has safeguards against 

20 slaughter and inhumane treatment. 

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

22 shall be available to carry out section 872 of Public Law 

23 107–296. 

24 SEC. 529. None of the funds provided in this Act 

25 under the heading ‘‘Office of the Chief Information Offi-
66 

•S 1298 PCS

1 cer’’ shall be used for data center development other than 

2 for Data Center One (National Center for Critical Infor3 mation Processing and Storage) until the Chief Informa4 tion Officer certifies that Data Center One (National Cen5 ter for Critical Information Processing and Storage) is 

6 fully utilized as the Department’s primary data storage 

7 center at the highest capacity throughout the fiscal year. 

8 SEC. 530. None of the funds in this Act shall be used 

9 to reduce the United States Coast Guard’s Operations 

10 Systems Center mission or its government-employed or 

11 contract staff levels. 

12 SEC. 531. None of the funds appropriated by this Act 

13 may be used to conduct, or to implement the results of, 

14 a competition under Office of Management and Budget 

15 Circular A–76 for activities performed with respect to the 

16 Coast Guard National Vessel Documentation Center. 

17 SEC. 532. The Secretary of Homeland Security shall 

18 require that all contracts of the Department of Homeland 

19 Security that provide award fees link such fees to success20 ful acquisition outcomes (which outcomes shall be speci21 fied in terms of cost, schedule, and performance). 

22 SEC. 533. None of the funds made available to the 

23 Office of the Secretary and Executive Management under 

24 this Act may be expended for any new hires by the Depart25 ment of Homeland Security that are not verified through 
67 

•S 1298 PCS

1 the basic pilot program under section 401 of the Illegal 

2 Immigration Reform and Immigrant Responsibility Act of 

3 1996 (8 U.S.C. 1324a note). 

4 SEC. 534. None of the funds made available in this 

5 Act for U.S. Customs and Border Protection may be used 

6 to prevent an individual not in the business of importing 

7 a prescription drug (within the meaning of section 801(g) 

8 of the Federal Food, Drug, and Cosmetic Act) from im9 porting a prescription drug from Canada that complies 

10 with the Federal Food, Drug, and Cosmetic Act: Provided, 

11 That this section shall apply only to individuals trans12 porting on their person a personal-use quantity of the pre13 scription drug, not to exceed a 90-day supply: Provided 

14 further, That the prescription drug may not be— 

15 (1) a controlled substance, as defined in section 

16 102 of the Controlled Substances Act (21 U.S.C. 

17 802); or 

18 (2) a biological product, as defined in section 

19 351 of the Public Health Service Act (42 U.S.C. 

20 262). 

21 SEC. 535. None of the funds made available in this 

22 Act may be used by the Secretary of Homeland Security 

23 or any delegate of the Secretary to issue any rule or regu24 lation which implements the Notice of Proposed Rule25 making related to Petitions for Aliens To Perform Tem-
68 

•S 1298 PCS

1 porary Nonagricultural Services or Labor (H–2B) set out 

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

3 SEC. 536. Section 537 of the Department of Home4 land Security Appropriations Act, 2009 (division D of 

5 Public Law 110–329; 122 Stat. 3682) shall apply with 

6 respect to funds made available in this Act in the same 

7 manner as such sections applied to funds made available 

8 in that Act. 

9 SEC. 537. None of the funds made available in this 

10 Act may be used for planning, testing, piloting, or devel11 oping a national identification card. 

12 SEC. 538. (a) Notwithstanding any other provision 

13 of this Act, except as provided in subsection (b), and 30 

14 days after the date that the President determines whether 

15 to declare a major disaster because of an event and any 

16 appeal is completed, the Administrator shall submit to the 

17 Committee on Homeland Security and Governmental Af18 fairs of the Senate, the Committee on Homeland Security 

19 of the House of Representatives, the Committee on Trans20 portation and Infrastructure of the House of Representa21 tives, the Committees on Appropriations of the Senate and 

22 the House of Representatives, and publish on the website 

23 of the Federal Emergency Management Agency, a report 

24 regarding that decision, which shall summarize damage 
69 

•S 1298 PCS

1 assessment information used to determine whether to de2 clare a major disaster. 

3 (b) The Administrator may redact from a report 

4 under subsection (a) any data that the Administrator de5 termines would compromise national security. 

6 (c) In this section— 

7 (1) the term ‘‘Administrator’’ means the Ad8 ministrator of the Federal Emergency Management 

9 Agency; and 

10 (2) the term ‘‘major disaster’’ has the meaning 

11 given that term in section 102 of the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance 

13 Act (42 U.S.C. 5122). 

14 SEC. 539. Notwithstanding any other provision of 

15 law, should the Secretary of Homeland Security determine 

16 that the National Bio and Agro-defense Facility be located 

17 at a site other than Plum Island, New York, the Secretary 

18 shall have the Administrator of General Services sell 

19 through public sale all real and related personal property 

20 and transportation assets which support Plum Island op21 erations, subject to such terms and conditions as nec22 essary to protect government interests and meet program 

23 requirements: Provided, That the gross proceeds of such 

24 sale shall be deposited as offsetting collections into the De25 partment of Homeland Security Science and Technology 
70 

•S 1298 PCS

1 ‘‘Research, Development, Acquisition, and Operations’’ ac2 count and, subject to appropriation, shall be available until 

3 expended, for site acquisition, construction, and costs re4 lated to the construction of the National Bio and Agro5 defense Facility, including the costs associated with the 

6 sale, including due diligence requirements, necessary envi7 ronmental remediation at Plum Island, and reimburse8 ment of expenses incurred by the General Services Admin9 istration which shall not exceed 1 percent of the sale price 

10 or $5,000,000, whichever is greater: Provided further, 

11 That after the completion of construction and environ12 mental remediation, the unexpended balances of funds ap13 propriated for costs in the preceding proviso shall be avail14 able for transfer to the appropriate account for design and 

15 construction of a consolidated Department of Homeland 

16 Security Headquarters project, excluding daily operations 

17 and maintenance costs, notwithstanding section 503 of 

18 this Act, and the Committees on Appropriations of the 

19 Senate and the House of Representatives shall be notified 

20 15 days prior to such transfer. 

21 SEC. 540. Any official that is required by this Act 

22 to report or certify to the Committees on Appropriations 

23 of the Senate and the House of Representatives may not 

24 delegate such authority to perform that act unless specifi25 cally authorized herein. 
71 

•S 1298 PCS

1 SEC. 541. The Secretary of Homeland Security, in 

2 consultation with the Secretary of the Treasury, shall no3 tify the Committees on Appropriations of the Senate and 

4 the House of Representatives of any proposed transfers 

5 of funds available under 31 U.S.C. 9703.2(g)(4)(B) from 

6 the Department of the Treasury Forfeiture Fund to any 

7 agency within the Department of Homeland Security. 

8 SEC. 542. (a) Not later than 3 months from the date 

9 of enactment of this Act, the Secretary of Homeland Secu10 rity shall consult with the Secretaries of Defense and 

11 Transportation and develop a concept of operations for 

12 unmanned aerial systems in the United States national 

13 airspace system for the purposes of border and maritime 

14 security operations. 

15 (b) The Secretary of Homeland Security shall report 

16 to the Committees on Appropriations of the Senate and 

17 the House of Representatives not later than 30 days after 

18 the date of enactment of this Act on any foreseeable chal19 lenges to complying with subsection (a). 

20 SEC. 543. If the Assistant Secretary of Homeland Se21 curity (Transportation Security Administration) deter22 mines that an airport does not need to participate in the 

23 basic pilot program, the Assistant Secretary shall certify 

24 to the Committees on Appropriations of the Senate and 
72 

•S 1298 PCS

1 the House of Representatives that no security risks will 

2 result by such non-participation. 

3 SEC. 544. For fiscal year 2010 and thereafter, the 

4 Secretary may provide to personnel appointed or assigned 

5 to serve abroad, allowances and benefits similar to those 

6 provided under chapter 9 of title I of the Foreign Service 

7 Act of 1990 (22 U.S.C. 4081 et seq.). 

8 SEC. 545. Sections 143 and 144 of division A of the 

9 Consolidated Security, Disaster Assistance, and Con10 tinuing Appropriations Act, 2009 (Public Law 110–329; 

11 122 Stat. 3580 et seq.), as amended by section 101 of 

12 division J of Public Law 111–8, are further amended by 

13 striking ‘‘September 30, 2009’’ and inserting ‘‘September 

14 30, 2012’’. 

15 SEC. 546. Notwithstanding any other provision of 

16 law, should the Secretary of Homeland Security determine 

17 that specific U.S. Immigration and Customs Enforcement 

18 Service Processing Centers, or other U.S. Immigration 

19 and Customs Enforcement owned detention facilities, no 

20 longer meet the mission need, the Secretary is authorized 

21 to dispose of individual Service Processing Centers, or 

22 other U.S. Immigration and Customs Enforcement owned 

23 detention facilities, by directing the Administrator of Gen24 eral Services to sell all real and related personal property 

25 which support Service Processing Centers, or other U.S. 
73 

•S 1298 PCS

1 Immigration and Customs Enforcement owned detention 

2 facilities, operations, subject to such terms and conditions 

3 as necessary to protect government interests and meet 

4 program requirements: Provided, That the proceeds, net 

5 of the costs of sale incurred by the General Services Ad6 ministration and U.S. Immigration and Customs Enforce7 ment shall be deposited as offsetting collections into a sep8 arate account that shall be available, subject to appropria9 tion, until expended for other real property capital asset 

10 needs of existing U.S. Immigration and Customs Enforce11 ment assets, excluding daily operations and maintenance 

12 costs, as the Secretary deems appropriate. 

13 SEC. 547. Section 550 of Public Law 109–295 is 

14 amended in subsection (b) by deleting from the last pro15 viso ‘‘three years after the date of enactment of this Act’’ 

16 and inserting in lieu thereof ‘‘October 4, 2010’’. 

17 SEC. 548. For fiscal year 2010 and thereafter, the 

18 Secretary of Homeland Security may collect fees from any 

19 non-Federal participant in a conference, seminar, exhi20 bition, symposium, or similar meeting conducted by the 

21 Department of Homeland Security in advance of the con22 ference, either directly or by contract, and those fees shall 

23 be credited to the appropriation or account from which 

24 the costs of the conference, seminar, exhibition, sympo25 sium, or similar meeting are paid and shall be available 
74 

•S 1298 PCS

1 to pay the costs of the Department of Homeland Security 

2 with respect to the conference or to reimburse the Depart3 ment for costs incurred with respect to the conference: 

4 Provided, That in the event the total amount of fees col5 lected with respect to a conference exceeds the actual costs 

6 of the Department of Homeland Security with respect to 

7 the conference, the amount of such excess shall be depos8 ited into the Treasury as miscellaneous receipts: Provided 

9 further, That the Secretary shall provide a report to the 

10 Committees on Appropriations of the Senate and the 

11 House of Representatives not later than January 5, 2011, 

12 providing the level of collections and a summary by agency 

13 of the purposes and levels of expenditures for the prior 

14 fiscal year, and shall report annually thereafter. 

15 SEC. 549. For purposes of section 210C of the Home16 land Security Act of 2002 (6 U.S.C. 124j) a rural area 

17 shall also include any area that is located in a metropoli18 tan statistical area and a county, borough, parish, or area 

19 under the jurisdiction of an Indian tribe with a population 

20 of not more than 50,000. 

21 SEC. 550. From the unobligated balances of prior 

22 year appropriations made available for ‘‘Analysis and Op23 erations’’, $5,000,000 are rescinded. 

24 SEC. 551. From the unobligated balances of prior 

25 year appropriations made available for U.S. Immigration 
75 

•S 1298 PCS

1 and Customs Enforcement ‘‘Construction’’, $7,000,000 

2 are rescinded. 

3 SEC. 552. From the unobligated balances of prior 

4 year appropriations made available for National Protec5 tion and Programs Directorate ‘‘Infrastructure Protection 

6 and Information Security’’, $8,000,000 are rescinded. 

7 SEC. 553. From the unobligated balances of prior 

8 year appropriations made available for Science and Tech9 nology ‘‘Research, Development, Acquisition, and Oper10 ations’’, $7,500,000 are rescinded. 

11 SEC. 554. From the unobligated balances of prior 

12 year appropriations made available for Domestic Nuclear 

13 Detection Office ‘‘Research, Development, and Oper14 ations’’, $8,000,000 are rescinded. 

15 SEC. 555. (a) Subject to subsection (b), none of the 

16 funds appropriated or otherwise made available by this 

17 Act may be available to operate the Loran-C signal after 

18 January 4, 2010. 

19 (b) The limitation in subsection (a) shall take effect 

20 only if the Commandant of the Coast Guard certifies 

21 that— 

22 (1) the termination of the operation of the 

23 Loran-C signal as of the date specified in subsection 

24 (a) will not adversely impact the safety of maritime 

25 navigation; and 
76 

•S 1298 PCS

1 (2) the Loran-C system infrastructure is not 

2 needed as a backup to the Global Positioning Sys3 tem or any other Federal navigation requirement. 

4 (c) If the Commandant makes the certification de5 scribed in subsection (b), the Coast Guard shall, com6 mencing January 4, 2010, terminate the operation of the 

7 Loran-C signal and commence a phased decommissioning 

8 of the Loran-C system infrastructure. 

9 (d) Not later than 30 days after such certification 

10 pursuant to subsection (b), the Commandant shall submit 

11 to the Committees on Appropriations of the Senate and 

12 House of Representatives a report setting forth a proposed 

13 schedule for the phased decommissioning of the Loran-C 

14 system infrastructure in the event of the decommissioning 

15 of such infrastructure in accordance to subsection (c). 

16 (e) If the Commandant makes the certification de17 scribed in subsection (b), the Secretary of Homeland Secu18 rity, acting through the Commandant of the Coast Guard, 

19 may, notwithstanding any other provision of law, sell any 

20 real and personal property under the administrative con21 trol of the Coast Guard and used for the Loran system, 

22 by directing the Administrator of General Services to sell 

23 such real and personal property, subject to such terms and 

24 conditions that the Secretary believes to be necessary to 

25 protect government interests and program requirements of 
77 

•S 1298 PCS

1 the Coast Guard: Provided, That the proceeds, less the 

2 costs of sale incurred by the General Services Administra3 tion, shall be deposited as offsetting collections into the 

4 Coast Guard ‘‘Environmental Compliance and Restora5 tion’’ account and, subject to appropriation, shall be avail6 able until expended for environmental compliance and res7 toration purposes associated with the Loran system, for 

8 the demolition of improvements on such real property, and 

9 for the costs associated with the sale of such real and per10 sonal property, including due diligence requirements, nec11 essary environmental remediation, and reimbursement of 

12 expenses incurred by the General Services Administration: 

13 Provided further, That after the completion of such activi14 ties, the unexpended balances shall be available for any 

15 other environmental compliance and restoration activities 

16 of the Coast Guard. 

17 This Act may be cited as the ‘‘Department of Home18 land Security Appropriations Act, 2010’’. 
Calendar No. 83 

111TH CONGRESS 

1ST SESSION S. 1298 

[Report No. 111–31] 

A BILL 

Making appropriations for the Department of 

September 30, 2010, and for other purposes. Homeland Security for the fiscal year ending 

JUNE 18, 2009 

Read twice and placed on the calendar