IB 

Union Calendar No. 78 

111TH CONGRESS 

1ST SESSION H. R. 2892 

[Report No. 111–157] 

Making appropriations for the Department of Homeland Security for the 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2009 

Mr. PRICE of North Carolina, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

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: 


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1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Secretary 

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

7 Homeland Security Act of 2002 (6 U.S.C. 112), and exec8 utive management of the Department of Homeland Secu9 rity, as authorized by law, $147,427,000: Provided, That 

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

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

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

13 Program negotiations in Washington, DC. 

14 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

15 For necessary expenses of the Office of the Under 

16 Secretary for Management, as authorized by sections 701 

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

18 U.S.C. 341 through 345), $268,690,000, of which not less 

19 than $1,000,000 shall be for logistics training; and of 

20 which not to exceed $3,000 shall be for official reception 

21 and representation expenses: Provided, That of the total 

22 amount made available under this heading, $6,000,000 

23 shall remain available until expended solely for the alter24 ation and improvement of facilities, tenant improvements, 

25 and relocation costs to consolidate Department headVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 quarters operations at the Nebraska Avenue Complex; and 

2 $17,131,000 shall remain available until expended for the 

3 Human Resources Information Technology program. 

4 OFFICE OF THE CHIEF FINANCIAL OFFICER

5 For necessary expenses of the Office of the Chief Fi6 nancial Officer, as authorized by section 103 of the Home7 land Security Act of 2002 (6 U.S.C. 113), $63,530,000, 

8 of which $11,000,000 shall remain available until ex9 pended for financial systems consolidation efforts. 

10 OFFICE OF THE CHIEF INFORMATION OFFICER

11 For necessary expenses of the Office of the Chief In12 formation Officer, as authorized by section 103 of the 

13 Homeland Security Act of 2002 (6 U.S.C. 113), and De14 partment-wide technology investments, $299,593,000; of 

15 which $86,912,000 shall be available for salaries and ex16 penses; and of which $212,681,000, to remain available 

17 until expended, shall be available for development and ac18 quisition of information technology equipment, software, 

19 services, and related activities for the Department of 

20 Homeland Security: Provided, That none of the funds ap21 propriated shall be used to support or supplement the ap22 propriations provided for the United States Visitor and 

23 Immigrant Status Indicator Technology project or the 

24 Automated Commercial Environment: Provided further, 

25 That the Chief Information Officer shall submit to the 


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1 Committees on Appropriations of the Senate and the 

2 House of Representatives, not more than 60 days after 

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

4 for all information technology acquisition projects that: 

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

6 multiple components of the Department of Homeland Se7 curity through reimbursable agreements: Provided further, 

8 That such expenditure plan shall include each specific 

9 project funded, key milestones, all funding sources for 

10 each project, details of annual and lifecycle costs, and pro11 jected cost savings or cost avoidance to be achieved by the 

12 project. 

13 ANALYSIS AND OPERATIONS

14 For necessary expenses for intelligence analysis and 

15 operations coordination activities, as authorized by title II 

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

17 seq.), $345,556,000, of which not to exceed $5,000 shall 

18 be for official reception and representation expenses; and 

19 of which $199,677,000 shall remain available until Sep20 tember 30, 2011. 

21 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

22 COAST REBUILDING

23 For necessary expenses of the Office of the Federal 

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


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978 (5 U.S.C. App.), $111,874,000, of 

5 which not to exceed $150,000 may be used for certain con6 fidential operational expenses, including the payment of 

7 informants, to be expended at the direction of the Inspec8 tor General. 

9 TITLE II—SECURITY, ENFORCEMENT, AND 

10 INVESTIGATIONS 

11 U.S. CUSTOMS AND BORDER PROTECTION

12 SALARIES AND EXPENSES

13 For necessary expenses for enforcement of laws relat14 ing to border security, immigration, customs, agricultural 

15 inspections and regulatory activities related to plant and 

16 animal imports, and transportation of unaccompanied 

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

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

19 with individuals for personal services abroad; 

20 $7,576,897,000, of which $3,226,000 shall be derived 

21 from the Harbor Maintenance Trust Fund for administra22 tive expenses related to the collection of the Harbor Main23 tenance Fee pursuant to section 9505(c)(3) of the Internal 

24 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not25 withstanding section 1511(e)(1) of the Homeland Security 


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

2 $45,000 shall be for official reception and representation 

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

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

5 become available in the Customs User Fee Account, except 

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

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

8 58c(f)(3)), shall be derived from that account; of which 

9 not to exceed $1,000,000 shall be for awards of compensa10 tion to informants, to be accounted for solely under the 

11 certificate of the Secretary of Homeland Security; and of 

12 which not more than $800,000 shall be for procurement 

13 of portable solar charging rechargeable battery systems, 

14 to be awarded under full and open competition: Provided, 

15 That for fiscal year 2010, the overtime limitation pre16 scribed in section 5(c)(1) of the Act of February 13, 1911 

17 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwith18 standing any other provision of law, none of the funds ap19 propriated by this Act may be available to compensate any 

20 employee of U.S. Customs and Border Protection for over21 time, from whatever source, in an amount that exceeds 

22 such limitation, except in individual cases determined by 

23 the Secretary of Homeland Security, or the designee of 

24 the Secretary, to be necessary for national security purVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 poses, to prevent excessive costs, or in cases of immigra2 tion emergencies. 

3 AUTOMATION MODERNIZATION

4 For expenses for U.S. Customs and Border Protec5 tion automated systems, $462,445,000, to remain avail6 able until expended, of which not less than $267,960,000 

7 shall be for the development of the Automated Commercial 

8 Environment: Provided, That of the total amount made 

9 available under this heading, $167,960,000 may not be ob10 ligated for the Automated Commercial Environment pro11 gram until 30 days after the Committees on Appropria12 tions of the Senate and the House of Representatives re13 ceive a report on the results to date and plans for the 

14 program from the Department of Homeland Security. 

15 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

16 TECHNOLOGY

17 For expenses for border security fencing, infrastruc18 ture, and technology, $732,000,000, to remain available 

19 until expended: Provided, That of the total amount made 

20 available under this heading, $150,000,000 shall not be 

21 obligated until the Committees on Appropriations of the 

22 Senate and the House of Representatives receive and ap23 prove a plan for expenditure, prepared by the Secretary 

24 of Homeland Security, reviewed by the Government Ac25 countability Office, and submitted not later than 90 days 


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1 after the date of the enactment of this Act, for a program 

2 to establish and maintain a security barrier along the bor3 ders of the United States, of fencing and vehicle barriers 

4 where practicable, and of other forms of tactical infra5 structure and technology, that includes— 

6 (1) a detailed accounting of the program’s im7 plementation to date for all investments, including 

8 technology and tactical infrastructure, for funding 

9 already expended relative to system capabilities or 

10 services, system performance levels, mission benefits 

11 and outcomes, milestones, cost targets, program 

12 management capabilities, identification of the max13 imum investment, including life-cycle costs, related 

14 to the Secure Border Initiative program or any suc15 cessor program, and description of the methodology 

16 used to obtain these cost figures; 

17 (2) a description of how specific projects will 

18 further the objectives of the Secure Border Initia19 tive, as defined in the Department of Homeland Se20 curity Secure Border Plan, and how the expenditure 

21 plan allocates funding to the highest priority border 

22 security needs; 

23 (3) an explicit plan of action defining how all 

24 funds are to be obligated to meet future program 

25 commitments, with the planned expenditure of funds 


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1 linked to the milestone-based delivery of specific ca2 pabilities, services, performance levels, mission bene3 fits and outcomes, and program management capa4 bilities; 

5 (4) an identification of staffing, including full6 time equivalents, contractors, and detailees, by pro7 gram office; 

8 (5) a description of how the plan addresses se9 curity needs at the Northern border and ports of 

10 entry, including infrastructure, technology, design 

11 and operations requirements, specific locations where 

12 funding would be used, and priorities for Northern 

13 border activities; 

14 (6) a report on budget, obligations and expendi15 tures, the activities completed, and the progress 

16 made by the program in terms of obtaining oper17 ational control of the entire border of the United 

18 States; 

19 (7) a listing of all open Government Account20 ability Office and Office of Inspector General rec21 ommendations related to the program and the status 

22 of Department of Homeland Security actions to ad23 dress the recommendations, including milestones to 

24 fully address such recommendations; 


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1 (8) a certification by the Chief Procurement Of2 ficer of the Department including all supporting doc3 uments or memoranda, and documentation and a de4 scription of the investment review processes used to 

5 obtain such certifications, that— 

6 (A) the program has been reviewed and ap7 proved in accordance with the investment man8 agement process of the Department, and that 

9 the process fulfills all capital planning and in10 vestment control requirements and reviews es11 tablished by the Office of Management and 

12 Budget, including as provided in Circular A–11, 

13 part 7; 

14 (B) the plans for the program comply with 

15 the Federal acquisition rules, requirements, 

16 guidelines, and practices, and a description of 

17 the actions being taken to address areas of non18 compliance, the risks associated with such ac19 tions, together with any plans for addressing 

20 these risks, and the status of the implementa21 tion of such actions; and 

22 (C) procedures to prevent conflicts of in23 terest between the prime integrator and major 

24 subcontractors are established and that the Se25 cure Border Initiative Program Office has adeVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 quate staff and resources to effectively manage 

2 the Secure Border Initiative program and all 

3 contracts under such program, including the ex4 ercise of technical oversight; 

5 (9) a certification by the Chief Information Of6 ficer of the Department including all supporting doc7 uments or memoranda, and documentation and a de8 scription of the investment review processes used to 

9 obtain such certifications that— 

10 (A) the system architecture of the program 

11 has been determined to be sufficiently aligned 

12 with the information systems enterprise archi13 tecture of the Department to minimize future 

14 rework, including a description of all aspects of 

15 the architectures that were or were not assessed 

16 in making the alignment determination, the 

17 date of the alignment determination, and any 

18 known areas of misalignment together with the 

19 associated risks and corrective actions to ad20 dress any such areas; 

21 (B) the program has a risk management 

22 process that regularly and proactively identifies, 

23 evaluates, mitigates, and monitors risks 

24 throughout the system life cycle and commu25 nicates high-risk conditions to U.S. Customs 


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1 and Border Protection and Department of 

2 Homeland Security investment decision-makers, 

3 as well as a listing of all the program’s high 

4 risks and the status of efforts to address such 

5 risks; and 

6 (C) an independent verification and valida7 tion agent is currently under contract for the 

8 projects funded under this heading; 

9 (10) a certification by the Chief Human Capital 

10 Officer of the Department that the human capital 

11 needs of the Secure Border Initiative program are 

12 being addressed so as to ensure adequate staff and 

13 resources to effectively manage the Secure Border 

14 Initiative; and 

15 (11) an analysis by the Secretary for each seg16 ment, defined as not more than 15 miles, of fencing 

17 or tactical infrastructure, of the selected approach 

18 compared to other, alternative means of achieving 

19 operational control, including cost, level of oper20 ational control, possible unintended effects on com21 munities, and other factors critical to the decision22 making process: 

23 Provided further, That the Secretary shall report to the 

24 Committees on Appropriations of the Senate and the 

25 House of Representatives on program progress, and obliVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 gations and expenditures for all outstanding task orders 

2 as well as specific objectives to be achieved through the 

3 award of current and remaining task orders planned for 

4 the balance of available appropriations at least 15 days 

5 before the award of any task order requiring an obligation 

6 of funds in an amount greater than $25,000,000 and be7 fore the award of a task order that would cause cumulative 

8 obligations of funds to exceed 50 percent of the total 

9 amount appropriated: Provided further, That none of the 

10 funds made available under this heading may be obligated 

11 unless the Department has complied with section 

12 102(b)(1)(C)(i) of the Illegal Immigration Reform and 

13 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 

14 note), and the Secretary certifies such to the Committees 

15 on Appropriations of the Senate and the House of Rep16 resentatives: Provided further, That none of the funds 

17 made available under this heading may be obligated for 

18 any project or activity for which the Secretary has exer19 cised waiver authority pursuant to section 102(c) of the 

20 Illegal Immigration Reform and Immigrant Responsibility 

21 Act of 1996 (8 U.S.C. 1103 note) until 15 days have 

22 elapsed from the date of the publication of the decision 

23 in the Federal Register. 


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1 AIR AND MARINE INTERDICTION, OPERATIONS, 

2 MAINTENANCE, AND PROCUREMENT

3 For necessary expenses for the operations, mainte4 nance, and procurement of marine vessels, aircraft, un5 manned aircraft systems, and other related equipment of 

6 the air and marine program, including operational train7 ing and mission-related travel, and rental payments for 

8 facilities occupied by the air or marine interdiction and 

9 demand reduction programs, the operations of which in10 clude the following: the interdiction of narcotics and other 

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

12 agencies in the enforcement or administration of laws en13 forced by the Department of Homeland Security; and at 

14 the discretion of the Secretary of Homeland Security, the 

15 provision of assistance to Federal, State, and local agen16 cies in other law enforcement and emergency humani17 tarian efforts, $513,826,000, to remain available until ex18 pended: Provided, That no aircraft or other related equip19 ment, with the exception of aircraft that are one of a kind 

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

21 Border Protection requirements and aircraft that have 

22 been damaged beyond repair, shall be transferred to any 

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

24 Department of Homeland Security during fiscal year 2010 


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1 without the prior approval of the Committees on Appro2 priations of the Senate and the House of Representatives. 

3 FACILITIES MANAGEMENT

4 For necessary expenses to plan, construct, renovate, 

5 equip, and maintain buildings and facilities necessary for 

6 the administration and enforcement of the laws relating 

7 to customs and immigration, $682,133,000, of which not 

8 to exceed $150,000 shall be available for payment for rent9 al space in connection with preclearance operations; and 

10 of which $279,870,000 shall remain available until ex11 pended; of which not more than $3,500,000 shall be for 

12 acquisition, design, and construction of U.S. Customs and 

13 Border Protection Air and Marine facilities at El Paso 

14 International Airport, Texas. 

15 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

16 SALARIES AND EXPENSES

17 For necessary expenses for enforcement of immigra18 tion and customs laws, detention and removals, and inves19 tigations; and purchase and lease of up to 3,790 (2,350 

20 for replacement only) police-type vehicles; $5,311,493,000, 

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

22 expended for conducting special operations under section 

23 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 

24 2081); of which not to exceed $15,000 shall be for official 

25 reception and representation expenses; of which not to exVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 ceed $1,000,000 shall be for awards of compensation to 

2 informants, to be accounted for solely under the certificate 

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

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

5 of the child pornography tipline and anti-child exploitation 

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

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

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

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

10 to fund or reimburse other Federal agencies for the costs 

11 associated with the care, maintenance, and repatriation of 

12 smuggled aliens unlawfully present in the United States: 

13 Provided, That none of the funds made available under 

14 this heading shall be available to compensate any employee 

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

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

17 may waive that amount as necessary for national security 

18 purposes and in cases of immigration emergencies: Pro19 vided further, That of the total amount provided, 

20 $15,770,000 shall be for activities in fiscal year 2010 to 

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

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

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

24 less than $1,500,000,000 shall be available to identify 

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


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1 to remove them from the United States once they are 

2 judged deportable, of which $200,000,000 shall remain 

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

4 the Secretary, or the designee of the Secretary, shall re5 port to the Committees on Appropriations of the Senate 

6 and the House of Representatives, not later than 30 days 

7 after the end of each fiscal quarter, on progress imple8 menting the preceding proviso and the funds obligated 

9 during that quarter to make that progress: Provided fur10 ther, That the Secretary shall prioritize the identification 

11 and removal of aliens convicted of a crime by the severity 

12 of that crime: Provided further, That of the total amount 

13 provided, not less than $2,549,180,000 shall be for deten14 tion and removal operations, including transportation of 

15 unaccompanied minor aliens: Provided further, That of the 

16 total amount provided, $6,800,000 shall remain available 

17 until September 30, 2011, for the Visa Security Program: 

18 Provided further, That none of the funds provided under 

19 this heading may be used to continue a delegation of law 

20 enforcement authority authorized under section 287(g) of 

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

22 if the Department of Homeland Security Inspector Gen23 eral determines that the terms of the agreement governing 

24 the delegation of authority have been violated: Provided 

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1 ing may be used to continue any contract for the provision 

2 of detention services if the two most recent overall per3 formance evaluations received by the contracted facility 

4 are less than ‘‘adequate’’ or the equivalent median score 

5 in any subsequent performance evaluation system: Pro6 vided further, That nothing under this heading shall pre7 vent U.S. Immigation and Customs Enforcement from ex8 ercising those authorities provided under immigration laws 

9 (as defined in section 101(a)(17) of the Immigration and 

10 Nationality Act (8 U.S.C. 1101(a)(17))) during priority 

11 operations pertaining to aliens convicted of a crime: Pro12 vided further, That none of the funds provided under this 

13 heading may be obligated to co-locate field offices of U.S. 

14 Immigration and Customs Enforcement until the Sec15 retary of Homeland Security submits to the Committees 

16 on Appropriations of the Senate and the House of Rep17 resentatives a plan for the nationwide implementation of 

18 the Alternatives to Detention Program that identifies: (1) 

19 the funds required for nationwide program implementa20 tion, (2) the timeframe for achieving nationwide program 

21 implementation; and (3) an estimate of the number of in22 dividuals who could be enrolled in a nationwide program. 

23 FEDERAL PROTECTIVE SERVICE

24 The revenues and collections of security fees credited 

25 to this account shall be available until expended for necVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 essary expenses related to the protection of Federally2 owned and leased buildings and for the operations of the 

3 Federal Protective Service: Provided, That the Secretary 

4 of Homeland Security and the Director of the Office of 

5 Management and Budget shall certify in writing to the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives no later than December 31, 

8 2009, that the operations of the Federal Protective Service 

9 will be fully funded in fiscal year 2010 through revenues 

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

11 to ensure fee collections are sufficient to ensure that the 

12 Federal Protective Service maintains not fewer than 1,200 

13 full-time equivalent staff and 900 full-time equivalent Po14 lice Officers, Inspectors, Area Commanders, and Special 

15 Agents who, while working, are directly is engaged on a 

16 daily basis protecting and enforcing laws at Federal build17 ings (referred to as ‘‘in-service field staff’’): Provided fur18 ther, That none of the funds made available in this Act 

19 may be used to modify or restructure the bureaucratic or20 ganization of the Federal Protective Service as part of 

21 U.S. Immigration and Customs Enforcement. 

22 AUTOMATION MODERNIZATION

23 For expenses of immigration and customs enforce24 ment automated systems, $105,000,000, to remain avail25 able until expended. 


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1 CONSTRUCTION

2 For necessary expenses to plan, construct, renovate, 

3 equip, and maintain buildings and facilities necessary for 

4 the administration and enforcement of the laws relating 

5 to customs and immigration, $11,818,000, to remain 

6 available until expended: Provided, That none of the funds 

7 made available in this Act may be used to solicit or con8 sider any request to privatize facilities currently owned by 

9 the United States Government and used to detain aliens 

10 unlawfully present in the United States until the Commit11 tees on Appropriations of the Senate and the House of 

12 Representatives receive a plan for carrying out that privat13 ization. 

14 TRANSPORTATION SECURITY ADMINISTRATION

15 AVIATION SECURITY

16 For necessary expenses of the Transportation Secu17 rity Administration related to providing civil aviation secu18 rity services pursuant to the Aviation and Transportation 

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

20 U.S.C. 40101 note), $5,265,740,000, to remain available 

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

22 shall be for official reception and representation expenses: 

23 Provided, That of the total amount made available under 

24 this heading, not to exceed $4,409,776,000 shall be for 

25 screening operations, of which $1,138,106,000 shall be 


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1 available for explosives detection systems; and not to ex2 ceed $855,964,000 shall be for aviation security direction 

3 and enforcement: Provided further, That of the amount 

4 made available in the preceding proviso for explosives de5 tection systems, $800,000,000 shall be available for the 

6 purchase and installation of these systems: Provided fur7 ther, That of the total amount provided, $1,250,000 shall 

8 be made available for Safe Skies Alliance to develop and 

9 enhance research and training capabilities for Transpor10 tation Security Officer improvised explosive recognition 

11 training: Provided further, That security service fees au12 thorized under section 44940 of title 49, United States 

13 Code, shall be credited to this appropriation as offsetting 

14 collections and shall be available only for aviation security: 

15 Provided further, That any funds collected and made avail16 able from aviation security fees pursuant to section 

17 44940(i) of title 49, United States Code, may, notwith18 standing paragraph (4) of such section 44940(i), be ex19 pended for the purpose of improving screening at airport 

20 screening checkpoints, which may include the purchase 

21 and utilization of emerging technology equipment; the re22 furbishment and replacement of current equipment; the 

23 installation of surveillance systems to monitor checkpoint 

24 activities; the modification of checkpoint infrastructure to 

25 support checkpoint reconfigurations; and the creation of 


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1 additional checkpoints to screen aviation passengers and 

2 airport personnel: Provided further, That the sum appro3 priated under this heading from the general fund shall be 

4 reduced on a dollar-for-dollar basis as such offsetting col5 lections are received during fiscal year 2010, so as to re6 sult in a final fiscal year appropriation from the general 

7 fund estimated at not more than $3,165,740,000: Pro8 vided further, That any security service fees collected in 

9 excess of the amount made available under this heading 

10 shall become available during fiscal year 2011: Provided 

11 further, That Members of the House of Representatives 

12 and Senate, including the leadership; the heads of Federal 

13 agencies and commissions, including the Secretary, Under 

14 Secretaries, and Assistant Secretaries of Homeland Secu15 rity; the Attorney General and Assistant Attorneys Gen16 eral and the United States attorneys; and senior members 

17 of the Executive Office of the President, including the Di18 rector of the Office of Management and Budget; shall not 

19 be exempt from Federal passenger and baggage screening. 

20 SURFACE TRANSPORTATION SECURITY

21 For necessary expenses of the Transportation Secu22 rity Administration related to providing surface transpor23 tation security activities, $103,416,000, to remain avail24 able until September 30, 2011. 


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1 TRANSPORTATION THREAT ASSESSMENT AND

2 CREDENTIALING

3 For necessary expenses for the development and im4 plementation of screening programs of the Office of 

5 Transportation Threat Assessment and Credentialing, 

6 $171,999,000, to remain available until September 30, 

7 2011: Provided, That if the Assistant Secretary of Home8 land Security (Transportation Security Administration) 

9 determines that the Secure Flight program does not need 

10 to check airline passenger names against the full terrorist 

11 watch list, the Assistant Secretary shall certify to the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives that no significant security risks 

14 are raised by screening airline passenger names only 

15 against a subset of the full terrorist watch list. 

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), $992,980,000, to 

22 remain available until September 30, 2011: Provided, 

23 That not to exceed $5,000,000 may be obligated for head24 quarters administration until the Secretary of Homeland 

25 Security submits to the Committees on Appropriations of 


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1 the Senate and the House of Representatives detailed ex2 penditure plans for checkpoint support and explosives de3 tection systems refurbishment, procurement, and installa4 tions on an airport-by-airport basis for fiscal year 2010: 

5 Provided further, That these plans shall be submitted no 

6 later than 60 days after the date of enactment of this Act. 

7 FEDERAL AIR MARSHALS

8 For necessary expenses of the Federal Air Marshals, 

9 $860,111,000. 

10 COAST GUARD

11 OPERATING EXPENSES

12 For necessary expenses for the operation and mainte13 nance of the Coast Guard, not otherwise provided for; pur14 chase or lease of not to exceed 25 passenger motor vehi15 cles, which shall be for replacement only; purchase or lease 

16 of small boats for contingent and emergent requirements 

17 (at a unit cost of no more than $700,000) and for repairs 

18 and service-life replacements for small boats for such re19 quirements, not to exceed a total of $26,000,000; minor 

20 shore construction projects not exceeding $1,000,000 in 

21 total cost at any location; payments pursuant to section 

22 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 

23 1920); and recreation and welfare; $6,822,026,000, of 

24 which $340,000,000 shall be for defense-related activities; 

25 of which $241,503,000 is designated as being for overseas 


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1 deployments and other activities pursuant to section 

2 423(a)(1) of S. Con. Res. 13 (111th Congress), the concur3 rent resolution on the budget for fiscal year 2010; of which 

4 $24,500,000 shall be derived from the Oil Spill Liability 

5 Trust Fund to carry out the purposes of section 

6 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

7 2712(a)(5)); of which not to exceed $20,000 shall be for 

8 official reception and representation expenses: Provided, 

9 That none of the funds made available by this or any other 

10 Act shall be available for administrative expenses in con11 nection with shipping commissioners in the United States: 

12 Provided further, That none of the funds made available 

13 by this Act shall be for expenses incurred for recreational 

14 vessels under section 12114 of title 46, United States 

15 Code, except to the extent fees are collected from yacht 

16 owners and credited to this appropriation: Provided fur17 ther, That the Coast Guard shall comply with the require18 ments of section 527 of Public Law 108–136 with respect 

19 to the Coast Guard Academy. 

20 ENVIRONMENTAL COMPLIANCE AND RESTORATION

21 For necessary expenses to carry out the environ22 mental compliance and restoration functions of the Coast 

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

24 $13,198,000, to remain available until expended. 


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1 RESERVE TRAINING

2 For necessary expenses of the Coast Guard Reserve, 

3 as authorized by law; operations and maintenance of the 

4 reserve program; personnel and training costs; and equip5 ment and services; $133,632,000. 

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 For necessary expenses of acquisition, construction, 

8 renovation, and improvement of aids to navigation, shore 

9 facilities, vessels, and aircraft, including equipment related 

10 thereto; and maintenance, rehabilitation, lease and oper11 ation of facilities and equipment, as authorized by law; 

12 $1,347,480,000, of which $20,000,000 shall be derived 

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

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

15 of 1990 (33 U.S.C. 2712(a)(5)); of which $103,000,000 

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

17 repair, renovate, or improve vessels, small boats, and re18 lated equipment; of which $119,500,000 shall be available 

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

20 $10,000,000 shall be available until September 30, 2012, 

21 for shore facilities and aids to navigation facilities; of 

22 which $100,000,000 shall be available for personnel com23 pensation and benefits and related costs; and of which 

24 $1,014,980,000 shall be available until September 30, 

25 2014, for the Integrated Deepwater Systems program: 


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1 Provided, That of the funds made available for the Inte2 grated Deepwater Systems program, $269,000,000 is for 

3 aircraft and $591,380,000 is for surface ships: Provided 

4 further, That the Secretary of Homeland Security shall 

5 submit to the Committees on Appropriations of the Senate 

6 and the House of Representatives, in conjunction with the 

7 President’s fiscal year 2011 budget, a review of the Re8 vised Deepwater Implementation Plan that identifies any 

9 changes to the plan for the fiscal year; an annual perform10 ance comparison of Integrated Deepwater Systems pro11 gram assets to pre-Deepwater legacy assets; a status re12 port of such legacy assets; a detailed explanation of how 

13 the costs of such legacy assets are being accounted for 

14 within the Integrated Deepwater Systems program; and 

15 the earned value management system gold card data for 

16 each Integrated Deepwater Systems program asset: Pro17 vided further, That the Secretary shall submit to the Com18 mittees on Appropriations of the Senate and the House 

19 of Representatives a comprehensive review of the Revised 

20 Deepwater Implementation Plan every 5 years, beginning 

21 in fiscal year 2011, that includes a complete projection 

22 of the acquisition costs and schedule for the duration of 

23 the plan through fiscal year 2027: Provided further, That 

24 the Secretary shall annually submit to the Committees on 

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1 atives, at the time that the President’s budget is submitted 

2 under section 1105(a) of title 31, United States Code, a 

3 future-years capital investment plan for the Coast Guard 

4 that identifies for each capital budget line item— 

5 (1) the proposed appropriation included in that 

6 budget; 

7 (2) the total estimated cost of completion; 

8 (3) projected funding levels for each fiscal year 

9 for the next 5 fiscal years or until project comple10 tion, whichever is earlier; 

11 (4) an estimated completion date at the pro12 jected funding levels; and 

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

14 of completion or estimated completion date from 

15 previous future-years capital investment plans sub16 mitted to the Committees on Appropriations of the 

17 Senate and the House of Representatives: 

18 Provided further, That the Secretary shall ensure that 

19 amounts specified in the future-years capital investment 

20 plan are consistent to the maximum extent practicable 

21 with proposed appropriations necessary to support the 

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

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

24 of title 31, United States Code, for that fiscal year: Pro25 vided further, That any inconsistencies between the capital 


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1 investment plan and proposed appropriations shall be 

2 identified and justified: Provided further, That subsections 

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

4 Veterans’ Care, Katrina Recovery, and Iraq Accountability 

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

6 apply to fiscal year 2010. 

7 ALTERATION OF BRIDGES

8 For necessary expenses for alteration or removal of 

9 obstructive bridges, as authorized by section 6 of the Tru10 man-Hobbs Act (33 U.S.C. 516), $10,000,000, to remain 

11 available until expended. 

12 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

13 For necessary expenses for applied scientific re14 search, development, test, and evaluation; and for mainte15 nance, rehabilitation, lease, and operation of facilities and 

16 equipment; as authorized by law; $19,745,000, to remain 

17 available until expended, of which $500,000 shall be de18 rived from the Oil Spill Liability Trust Fund to carry out 

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

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

21 be credited to and used for the purposes of this appropria22 tion funds received from State and local governments, 

23 other public authorities, private sources, and foreign coun24 tries for expenses incurred for research, development, test25 ing, and evaluation. 


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1 RETIRED PAY

2 For retired pay, including the payment of obligations 

3 otherwise chargeable to lapsed appropriations for this pur4 pose, payments under the Retired Serviceman’s Family 

5 Protection and Survivor Benefits Plans, payment for ca6 reer status bonuses, concurrent receipts and combat-re7 lated special compensation under the National Defense 

8 Authorization Act, and payments for medical care of re9 tired personnel and their dependents under chapter 55 of 

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

11 available until expended. 

12 UNITED STATES SECRET SERVICE

13 SALARIES AND EXPENSES

14 For necessary expenses of the United States Secret 

15 Service, including: purchase of not to exceed 652 vehicles 

16 for police-type use for replacement only; hire of passenger 

17 motor vehicles; purchase of motorcycles made in the 

18 United States; hire of aircraft; services of expert witnesses 

19 at such rates as may be determined by the Director of 

20 the Secret Service; rental of buildings in the District of 

21 Columbia, and fencing, lighting, guard booths, and other 

22 facilities on private or other property not in Government 

23 ownership or control, as may be necessary to perform pro24 tective functions; payment of per diem or subsistence al25 lowances to employees where a protective assignment durVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 ing the actual day or days of the visit of a protectee re2 quires an employee to work 16 hours per day or to remain 

3 overnight at a post of duty; conduct of and participation 

4 in firearms matches; presentation of awards; travel of 

5 United States Secret Service employees on protective mis6 sions without regard to the limitations on such expendi7 tures in this or any other Act if approval is obtained in 

8 advance from the Committees on Appropriations of the 

9 Senate and the House of Representatives; research and 

10 development; grants to conduct behavioral research in sup11 port of protective research and operations; and payment 

12 in advance for commercial accommodations as may be nec13 essary to perform protective functions; $1,457,409,000, of 

14 which not to exceed $25,000 shall be for official reception 

15 and representation expenses; of which not to exceed 

16 $100,000 shall be to provide technical assistance and 

17 equipment to foreign law enforcement organizations in 

18 counterfeit investigations; of which $2,366,000 shall be for 

19 forensic and related support of investigations of missing 

20 and exploited children; and of which $6,000,000 shall be 

21 for a grant for activities related to the investigations of 

22 missing and exploited children and shall remain available 

23 until expended: Provided, That up to $18,000,000 pro24 vided for protective travel shall remain available until Sep25 tember 30, 2011: Provided further, That up to $1,000,000 


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1 for National Special Security Events shall remain avail2 able until expended: Provided further, That the United 

3 States Secret Service is authorized to obligate funds in 

4 anticipation of reimbursements from Federal agencies and 

5 entities, as defined in section 105 of title 5, United States 

6 Code, receiving training sponsored by the James J. 

7 Rowley Training Center, except that total obligations at 

8 the end of the fiscal year shall not exceed total budgetary 

9 resources available under this heading at the end of the 

10 fiscal year: Provided further, That none of the funds made 

11 available under this heading shall be available to com12 pensate any employee for overtime in an annual amount 

13 in excess of $35,000, except that the Secretary of Home14 land Security, or the designee of the Secretary, may waive 

15 that amount as necessary for national security purposes: 

16 Provided further, That none of the funds made available 

17 to the United States Secret Service by this Act or by pre18 vious appropriations Acts may be made available for the 

19 protection of the head of a Federal agency other than the 

20 Secretary of Homeland Security: Provided further, That 

21 the Director of the United States Secret Service may enter 

22 into an agreement to perform such service on a fully reim23 bursable basis. 


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1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For necessary expenses for acquisition, construction, 

4 repair, alteration, and improvement of facilities, 

5 $3,975,000, to remain available until expended. 

6 TITLE III—PROTECTION, PREPAREDNESS, 

7 RESPONSE, AND RECOVERY 

8 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

9 MANAGEMENT AND ADMINISTRATION

10 For salaries and expenses of the Office of the Under 

11 Secretary for the National Protection and Programs Di12 rectorate, support for operations, information technology, 

13 and the Office of Risk Management and Analysis, 

14 $44,577,000: Provided, That not to exceed $5,000 shall 

15 be for official reception and representation expenses. 

16 INFRASTRUCTURE PROTECTION AND INFORMATION

17 SECURITY

18 For necessary expenses for infrastructure protection 

19 and information security programs and activities, as au20 thorized by title II of the Homeland Security Act of 2002 

21 (6 U.S.C. 121 et seq.), $883,346,000, of which 

22 $744,085,000 shall remain available until September 30, 

23 2011: Provided, That of the amount made available under 

24 this heading, $155,000,000 may not be obligated for the 

25 National Cyber Security Initiative program and 


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•HR 2892 RH

1 $25,000,000 may not be obligated for the Next Generation 

2 Networks program until the Committees on Appropria3 tions of the Senate and the House of Representatives re4 ceive and approve a plan for expenditure for that program 

5 that describes the strategic context of the program; the 

6 specific goals and milestones set for the program; and the 

7 funds allocated to achieving each of those goals: Provided 

8 further, That of the total amount provided, $1,000,000 is 

9 for Philadelphia infrastructure monitoring; $3,500,000 is 

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

11 for the Power and Cyber Systems Protection, Analysis, 

12 and Testing Program at the Idaho National Laboratory; 

13 $3,500,000 is for the Cyber Security Test Bed and Eval14 uation Center; $3,000,000 is for the Multi-State Informa15 tion Sharing and Analysis Center; $500,000 is for the Vir16 ginia Operational Integration Cyber Center of Excellence; 

17 $100,000 is for the Upstate New York Cyber Initiative; 

18 and $1,000,000 is for interoperable communications, tech19 nical assistance and outreach programs. 

20 UNITED STATES VISITOR AND IMMIGRANT STATUS

21 INDICATOR TECHNOLOGY

22 For necessary expenses for the development of the 

23 United States Visitor and Immigrant Status Indicator 

24 Technology project, as authorized by section 110 of the 

25 Illegal Immigration Reform and Immigrant Responsibility 


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•HR 2892 RH

1 Act of 1996 (8 U.S.C. 1365a), $351,800,000, to remain 

2 available until expended: Provided, That of the total 

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

4 may not be obligated for the United States Visitor and 

5 Immigrant Status Indicator Technology program until the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives receive a plan for expenditure 

8 prepared by the Secretary of Homeland Security that in9 cludes— 

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

11 progress to date relative to system capabilities or 

12 services, system performance levels, mission benefits 

13 and outcomes, milestones, cost targets, and program 

14 management capabilities; 

15 (2) an explicit plan of action defining how all 

16 funds are to be obligated to meet future program 

17 commitments, with the planned expenditure of funds 

18 linked to the milestone-based delivery of specific ca19 pabilities, services, performance levels, mission bene20 fits and outcomes, and program management capa21 bilities; 

22 (3) a listing of all open Government Account23 ability Office and Office of Inspector General rec24 ommendations related to the program and the status 

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1 dress the recommendations, including milestones for 

2 fully addressing such recommendations; 

3 (4)(A) a certification by the Chief Procurement 

4 Officer of the Department that— 

5 (i) the program has been reviewed and ap6 proved in accordance with the investment man7 agement process of the Department; 

8 (ii) the process fulfills all capital planning 

9 and investment control requirements and re10 views established by the Office of Management 

11 and Budget, including as provided in Circular 

12 A–11, part 7; and 

13 (iii) the plans for the program comply with 

14 Federal acquisition rules, requirements, guide15 lines, and practices; and 

16 (B) a description by the Chief Procurement Of17 ficer of the actions being taken to address areas of 

18 non-compliance, the risks associated with such areas 

19 as well as any plans for addressing such risks, and 

20 the status of the implementation of such actions; 

21 (5)(A) a certification by the Chief Information 

22 Officer of the Department that— 

23 (i) an independent verification and valida24 tion agent is currently under contract for the 

25 program; 


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1 (ii) the system architecture of the program 

2 is sufficiently aligned with the information sys3 tems enterprise architecture of the Department 

4 to minimize future rework, including a descrip5 tion of all aspects of the architecture that were 

6 or were not assessed in making the alignment 

7 determination, the date of the alignment deter8 mination, and any known areas of misalignment 

9 along with the associated risks and corrective 

10 actions to address any such areas; and 

11 (iii) the program has a risk management 

12 process that regularly identifies, evaluates, miti13 gates, and monitors risks throughout the sys14 tem life cycle, and communicates high-risk con15 ditions to agency and Department investment 

16 decision makers; and 

17 (B) a listing by the Chief Information Officer 

18 of all the program’s high risks and the status of ef19 forts to address them; 

20 (6) a certification by the Chief Human Capital 

21 Officer of the Department that the human capital 

22 needs of the program are being strategically and 

23 proactively managed, and that current human cap24 ital capabilities are sufficient to execute the plans 

25 discussed in the report; and 


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1 (7) a detailed accounting of operation and 

2 maintenance, contractor services, and program costs 

3 associated with the management of identity services. 

4 OFFICE OF HEALTH AFFAIRS

5 For necessary expenses of the Office of Health Af6 fairs, $128,400,000, of which $30,411,000 is for salaries 

7 and expenses: Provided, That $97,989,000 shall remain 

8 available until September 30, 2011, for biosurveillance, 

9 BioWatch, medical readiness planning, chemical response, 

10 and other activities, including $5,000,000 for the North 

11 Carolina Collaboratory for Bio-Preparedness, University 

12 of North Carolina, Chapel Hill: Provided further, That not 

13 to exceed $3,000 shall be for official reception and rep14 resentation expenses. 

15 FEDERAL EMERGENCY MANAGEMENT AGENCY

16 MANAGEMENT AND ADMINISTRATION

17 For necessary expenses for management and admin18 istration of the Federal Emergency Management Agency, 

19 $844,500,000, including activities authorized by the Na20 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

21 seq.), the Robert T. Stafford Disaster Relief and Emer22 gency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro 

23 Grande Fire Assistance Act of 2000 (Div. C Title I, 114 

24 Stat. 583), the Earthquake Hazards Reduction Act of 

25 1977 (42 U.S.C. 7701 et seq.), the Defense Production 


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

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

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

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

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

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

7 1394): Provided, That not to exceed $3,000 shall be for 

8 official reception and representation expenses: Provided 

9 further, That the President’s budget submitted under sec10 tion 1105(a) of title 31, United States Code, shall be de11 tailed by office for the Federal Emergency Management 

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

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

14 Urban Search and Rescue Response System, of which not 

15 to exceed $1,600,000 may be made available for adminis16 trative costs; and $6,995,000 shall be for the Office of 

17 National Capital Region Coordination. 

18 STATE AND LOCAL PROGRAMS

19 (INCLUDING TRANSFER OF FUNDS)

20 For grants, contracts, cooperative agreements, and 

21 other activities, $2,829,000,000 shall be allocated as fol22 lows: 

23 (1) $950,000,000 shall be for the State Home24 land Security Grant Program under section 2004 of 

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


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1 Provided, That of the amount provided by this para2 graph, $60,000,000 shall be for Operation 

3 Stonegarden: Provided further, That notwithstanding 

4 subsection (c)(4) of such section 2004, for fiscal 

5 year 2010, the Commonwealth of Puerto Rico shall 

6 make available to local and tribal governments 

7 amounts provided to the Commonwealth of Puerto 

8 Rico under this paragraph in accordance with sub9 section (c)(1) of such section 2004. 

10 (2) $887,000,000 shall be for the Urban Area 

11 Security Initiative under section 2003 of the Home12 land Security Act of 2002 (6 U.S.C. 604), of which, 

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

14 $15,000,000 shall be for grants to organizations (as 

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

16 Revenue Code of 1986 and exempt from taxation 

17 under section 501(a) of such code) determined by 

18 the Secretary of Homeland Security to be at high 

19 risk of a terrorist attack. 

20 (3) $40,000,000 shall be for the Metropolitan 

21 Medical Response System under section 635 of the 

22 Post-Katrina Emergency Management Reform Act 

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

24 (4) $15,000,000 shall be for the Citizen Corps 

25 Program. 


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1 (5) $250,000,000 shall be for Public Transpor2 tation Security Assistance and Railroad Security As3 sistance under sections 1406 and 1513 of the Imple4 menting Recommendations of the 9/11 Commission 

5 Act of 2007 (6 U.S.C. 1135 and 1163): Provided, 

6 That such public transportation security assistance 

7 shall be provided directly to public transportation 

8 agencies. 

9 (6) $250,000,000 shall be for Port Security 

10 Grants in accordance with 46 U.S.C. 70107, not11 withstanding 46 U.S.C 70107(c). 

12 (7) $12,000,000 shall be for Over-the-Road Bus 

13 Security Assistance under section 1532 of the Imple14 menting Recommendations of the 9/11 Commission 

15 Act of 2007 (6 U.S.C. 1182). 

16 (8) $50,000,000 shall be for Buffer Zone Pro17 tection Program Grants. 

18 (9) $50,000,000 shall be for grants in accord19 ance with section 204 of the REAL ID Act of 2005 

20 (49 U.S.C. 30301 note). 

21 (10) $50,000,000 shall be for the Interoperable 

22 Emergency Communications Grant Program under 

23 section 1809 of the Homeland Security Act of 2002 

24 (6 U.S.C. 579). 


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1 (11) $40,000,000 shall remain available until 

2 expended for grants for Emergency Operations Cen3 ters under section 614 of the Robert T. Stafford 

4 Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5196c), as detailed in the statement accom6 panying this Act. 

7 (12) $235,000,000 shall be for training, exer8 cises, technical assistance, and other programs, of 

9 which— 

10 (A) $132,000,000 shall be for the National 

11 Domestic Preparedness Consortium in accord12 ance with section 1204 of the Implementing 

13 Recommendations of the 9/11 Commission Act 

14 of 2007 (6 U.S.C. 1102), of which $23,000,000 

15 shall be for the National Energetic Materials 

16 Research and Testing Center, New Mexico In17 stitute of Mining and Technology; $23,000,000 

18 shall be for the National Center for Biomedical 

19 Research and Training, Louisiana State Uni20 versity; $23,000,000 shall be for the National 

21 Emergency Response and Rescue Training Cen22 ter, Texas A&M University; $23,000,000 shall 

23 be for the National Exercise, Test, and Train24 ing Center, Nevada Test Site; and $40,000,000 


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1 shall be for the Center for Domestic Prepared2 ness, Alabama; and 

3 (B) $3,000,000 shall be for the Rural Do4 mestic Preparedness Consortium, Eastern Ken5 tucky University: 

6 Provided, That not to exceed 3 percent of the amounts 

7 provided under this heading may be transferred to the 

8 Federal Emergency Management Agency ‘‘Management 

9 and Administration’’ account for program administration, 

10 and an expenditure plan for program administration shall 

11 be provided to the Committees on Appropriations of the 

12 Senate and the House of Representatives within 60 days 

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

14 That for grants under paragraphs (1) through (4), the 

15 applications for grants shall be made available to eligible 

16 applicants not later than 25 days after the date of enact17 ment of this Act, eligible applicants shall submit applica18 tions not later than 90 days after the grant announce19 ment, and the Administrator of the Federal Emergency 

20 Management Agency shall act within 90 days after receipt 

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

22 paragraphs (5) through (7) and (10), the applications for 

23 grants shall be made available to eligible applicants not 

24 later than 30 days after the date of enactment of this Act, 

25 eligible applicants shall submit applications within 45 days 


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1 after the grant announcement, and the Federal Emer2 gency Management Agency shall act not later than 60 

3 days after receipt of an application: Provided further, That 

4 for grants under paragraphs (1) and (2), the installation 

5 of communications towers is not considered construction 

6 of a building or other physical facility: Provided further, 

7 That grantees shall provide reports on their use of funds, 

8 as determined necessary by the Secretary: Provided fur9 ther, That (a) the Center for Domestic Preparedness may 

10 provide training to emergency response providers from the 

11 Federal Government, foreign governments, or private enti12 ties, if the Center for Domestic Preparedness is reim13 bursed for the cost of such training, and any reimburse14 ment under this subsection shall be credited to the account 

15 from which the expenditure being reimbursed was made 

16 and shall be available, without fiscal year limitation, for 

17 the purposes for which amounts in the account may be 

18 expended, (b) the head of the Center for Domestic Pre19 paredness shall ensure that any training provided under 

20 (a) does not interfere with the primary mission of the Cen21 ter to train State and local emergency response providers. 

22 FIREFIGHTER ASSISTANCE GRANTS

23 For necessary expenses for programs authorized by 

24 the Federal Fire Prevention and Control Act of 1974 (15 

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


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1 $380,000,000 shall be available to carry out section 33 

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

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

4 2229a), to remain available until September 30, 2011: 

5 Provided, That not to exceed 5 percent of the amount 

6 available under this heading shall be available for program 

7 administration, and an expenditure plan for program ad8 ministration shall be provided to the Committees on Ap9 propriations of the Senate and the House of Representa10 tives within 60 days of the date of enactment of this Act. 

11 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

12 For necessary expenses for emergency management 

13 performance grants, as authorized by the National Flood 

14 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob15 ert T. Stafford Disaster Relief and Emergency Assistance 

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

17 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re18 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

19 $330,000,000: Provided, That total administrative costs 

20 shall not exceed 3 percent of the total amount appro21 priated under this heading. 

22 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

23 The aggregate charges assessed during fiscal year 

24 2010, as authorized in title III of the Departments of Vet25 erans Affairs and Housing and Urban Development, and 


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1 Independent Agencies Appropriations Act, 1999 (42 

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

3 amounts anticipated by the Department of Homeland Se4 curity necessary for its radiological emergency prepared5 ness program for the next fiscal year: Provided, That the 

6 methodology for assessment and collection of fees shall be 

7 fair and equitable and shall reflect costs of providing such 

8 services, including administrative costs of collecting such 

9 fees: Provided further, That fees received under this head10 ing shall be deposited in this account as offsetting collec11 tions and will become available for authorized purposes on 

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

13 UNITED STATES FIRE ADMINISTRATION

14 For necessary expenses of the United States Fire Ad15 ministration and for other purposes, as authorized by the 

16 Federal Fire Prevention and Control Act of 1974 (15 

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

18 2002 (6 U.S.C. 101 et seq.), $45,588,000. 

19 DISASTER RELIEF

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses in carrying out the Robert 

22 T. Stafford Disaster Relief and Emergency Assistance Act 

23 (42 U.S.C. 5121 et seq.), $2,000,000,000, to remain avail24 able until expended: Provided, That the Federal Emer25 gency Management Agency shall submit an expenditure 


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1 plan to the Committees on Appropriations of the Senate 

2 and the House of Representatives detailing the use of the 

3 funds for disaster readiness and support within 60 days 

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

5 That the Federal Emergency Management Agency shall 

6 submit to such Committees a quarterly report detailing 

7 obligations against the expenditure plan and a justifica8 tion for any changes in spending: Provided further, That 

9 of the total amount provided, $16,000,000 shall be trans10 ferred to the Department of Homeland Security Office of 

11 Inspector General for audits and investigations related to 

12 disasters, subject to section 503 of this Act: Provided fur13 ther, That up to $90,080,000 may be transferred to the 

14 Federal Emergency Management Agency ‘‘Management 

15 and Administration’’ account for management and admin16 istration functions: Provided further, That the amount 

17 provided in the previous proviso shall not be available for 

18 transfer to the ‘‘Management and Administration’’ ac19 count until the Federal Emergency Management Agency 

20 submits an expenditure plan to the Committees on Appro21 priations of the Senate and the House of Representatives: 

22 Provided further, That the Administrator of the Federal 

23 Emergency Management Agency shall report monthly be24 ginning July 1, 2009, to the Committee on Appropriations 

25 of the House of Representatives regarding the number of 


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1 individuals and households in need of Federal disaster as2 sistance as a result of such severe storms, tornados, flood3 ing, and mudslides (under FEMA–1841–DR) but denied 

4 assistance due to failure to meet flood insurance require5 ments. Such report shall include the reasons and cir6 cumstances for each denial per individual and household: 

7 Provided further, That for any request for reimbursement 

8 from a Federal agency to the Department of Homeland 

9 Security to cover expenditures under the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act (42 

11 U.S.C. 5121 et seq.), or any mission assignment orders 

12 issued by the Department for such purposes, the Secretary 

13 of Homeland Security shall take appropriate steps to en14 sure that each agency is periodically reminded of Depart15 ment policies on— 

16 (1) the detailed information required in sup17 porting documentation for reimbursements; and 

18 (2) the necessity for timeliness of agency bil19 lings. 

20 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

21 For activities under section 319 of the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance Act 

23 (42 U.S.C. 5162), $295,000 is for the cost of direct loans: 

24 Provided, That gross obligations for the principal amount 

25 of direct loans shall not exceed $25,000,000: Provided furVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 ther, That the cost of modifying such loans shall be as 

2 defined in section 502 of the Congressional Budget Act 

3 of 1974 (2 U.S.C. 661a). 

4 FLOOD MAP MODERNIZATION FUND

5 For necessary expenses under section 1360 of the 

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

7 $220,000,000, and such additional sums as may be pro8 vided by State and local governments or other political 

9 subdivisions for cost-shared mapping activities under sec10 tion 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re11 main available until expended: Provided, That total admin12 istrative costs shall not exceed 3 percent of the total 

13 amount appropriated under this heading. 

14 NATIONAL FLOOD INSURANCE FUND

15 For activities under the National Flood Insurance 

16 Act of 1968 (42 U.S.C. 4001 et seq.), and the Flood Dis17 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

18 $159,469,000, which shall remain available until Sep19 tember 30, 2011, and shall be derived from offsetting col20 lections assessed and collected under section 1308(b)(3) 

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

22 4015(b)(3)), which shall be available as follows: (1) not 

23 to exceed $52,149,000 for salaries and expenses associ24 ated with flood mitigation and flood insurance operations; 

25 and (2) no less than $107,320,000 for flood plain manageVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 ment and flood mapping: Provided, That any additional 

2 fees collected pursuant to section 1308(b)(3) of the Na3 tional Flood Insurance Act of 1968 (42 U.S.C. 

4 4015(b)(3)) shall be credited as an offsetting collection to 

5 this account, to be available for flood plain management 

6 and flood mapping: Provided further, That if the Adminis7 trator of the Federal Emergency Management Agency de8 termines that such amount for salaries and expenses is 

9 insufficient, the Administrator of the Federal Emergency 

10 Management Agency may use amounts made available 

11 under this heading for flood plain management and flood 

12 mapping to pay for such salaries and expenses, but only 

13 if the Administrator submits to the Committees on Appro14 priations of the Senate and the House of Representatives 

15 notice of the Administrator’s intention to use such funds 

16 for such purpose 30 days in advance of any such use: Pro17 vided further, That in fiscal year 2010, no funds shall be 

18 available from the National Flood Insurance Fund under 

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

20 (1) $85,000,000 for operating expenses; (2) $969,370,000 

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

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

23 $120,000,000, which shall remain available until expended 

24 for flood mitigation actions, of which $70,000,000 shall 

25 be for severe repetitive loss properties under section 


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1 1361A of the National Flood Insurance Act of 1968 (42 

2 U.S.C. 4102a), of which $10,000,000 shall be for repet3 itive insurance claims properties under section 1323 of the 

4 National Flood Insurance Act of 1968 (42 U.S.C. 4030), 

5 and of which $40,000,000 is for flood mitigation assist6 ance under section 1366 of the National Flood Insurance 

7 Act of 1968 (42 U.S.C. 4104c) notwithstanding subpara8 graphs (B) and (C) of subsection (b)(3) and subsection 

9 (f) of section 1366 of the National Flood Insurance Act 

10 of 1968 (42 U.S.C. 4104c) and notwithstanding sub11 section (a)(7) of section 1310 of the National Flood Insur12 ance Act of 1968 (42 U.S.C. 4017): Provided further, That 

13 amounts collected under section 102 of the Flood Disaster 

14 Protection Act of 1973 and section 1366(i) of the National 

15 Flood Insurance Act of 1968 (42 U.S.C 1366(i)) shall be 

16 deposited in the National Flood Insurance Fund to supple17 ment other amounts specified as available for section 1366 

18 of the National Flood Insurance Act of 1968, notwith19 standing 42 U.S.C. 4012a(f)(8), 4104c(i), and 

20 4104d(b)(2)-(3): Provided further, That total administra21 tive costs shall not exceed 4 percent of the total appropria22 tion. 

23 NATIONAL PREDISASTER MITIGATION FUND

24 For the predisaster mitigation grant program under 

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


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

2 $100,000,000, to remain available until expended and as 

3 detailed in the statement accompanying this Act: Pro4 vided, That the total administrative costs associated with 

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

6 made available under this heading. 

7 EMERGENCY FOOD AND SHELTER

8 To carry out the emergency food and shelter program 

9 pursuant to title III of the McKinney-Vento Homeless As10 sistance Act (42 U.S.C. 11331 et seq.), $200,000,000, to 

11 remain available until expended: Provided, That total ad12 ministrative costs shall not exceed 3.5 percent of the total 

13 amount made available under this heading. 

14 TITLE IV—RESEARCH AND DEVELOPMENT, 

15 TRAINING, AND SERVICES 

16 UNITED STATES CITIZENSHIP AND IMMIGRATION

17 SERVICES

18 For necessary expenses for citizenship and immigra19 tion services, $248,000,000, of which $100,000,000 shall 

20 be for processing applications for asylum or refugee sta21 tus; and of which $112,000,000 is for the basic pilot pro22 gram, as authorized by section 402 of the Illegal Immigra23 tion Reform and Immigrant Responsibility Act of 1996 

24 (8 U.S.C. 1324a note), to assist United States employers 

25 with maintaining a legal workforce: Provided, That notVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 withstanding any other provision of law, funds available 

2 to United States Citizenship and Immigration Services 

3 may be used to acquire, operate, equip, and dispose of up 

4 to five vehicles, for replacement only, for areas where the 

5 Administrator of General Services does not provide vehi6 cles for lease: Provided further, That the Director of 

7 United States Citizenship and Immigration Services may 

8 authorize employees who are assigned to those areas to 

9 use such vehicles to travel between the employees’ resi10 dences and places of employment: Provided further, That 

11 none of the funds made available under this heading may 

12 be obligated for processing applications for asylum or ref13 ugee status unless the Secretary of Homeland Security 

14 has published a final rule updating part 103 of title 8, 

15 Code of Federal Regulations, to discontinue the asylum/ 

16 refugee surcharge: Provided further, That none of the 

17 funds made available under this heading for may be obli18 gated for development of the ‘‘REAL ID hub’’ until the 

19 Committees on Appropriations of the Senate and the 

20 House of Representatives receive and approve a plan for 

21 expenditure for that program that describes the strategic 

22 context of the program, the specific goals and milestones 

23 set for the program, and the funds allocated for achieving 

24 each of these goals and milestones. 


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1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, including materials and support 

5 costs of Federal law enforcement basic training; the pur6 chase of not to exceed 117 vehicles for police-type use and 

7 hire of passenger motor vehicles; expenses for student ath8 letic and related activities; the conduct of and participa9 tion in firearms matches and presentation of awards; pub10 lic awareness and enhancement of community support of 

11 law enforcement training; room and board for student in12 terns; a flat monthly reimbursement to employees author13 ized to use personal mobile phones for official duties; and 

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

15 States Code; $239,356,000, of which up to $47,751,000 

16 shall remain available until September 30, 2011, for mate17 rials and support costs of Federal law enforcement basic 

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

19 expended for Federal law enforcement agencies partici20 pating in training accreditation, to be distributed as deter21 mined by the Federal Law Enforcement Training Center 

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

23 to exceed $12,000 shall be for official reception and rep24 resentation expenses: Provided, That the Center is author25 ized to obligate funds in anticipation of reimbursements 


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1 from agencies receiving training sponsored by the Center, 

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

3 shall not exceed total budgetary resources available at the 

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

5 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), 

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

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

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

9 the Federal Law Enforcement Training Accreditation 

10 Board, including representatives from the Federal law en11 forcement community and non-Federal accreditation ex12 perts involved in law enforcement training, shall lead the 

13 Federal law enforcement training accreditation process to 

14 continue the implementation of measuring and assessing 

15 the quality and effectiveness of Federal law enforcement 

16 training programs, facilities, and instructors: Provided 

17 further, That the Director of the Federal Law Enforce18 ment Training Center shall schedule basic or advanced law 

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

20 under the control of the Federal Law Enforcement Train21 ing Center to ensure that such training facilities are oper22 ated at the highest capacity throughout the fiscal year. 


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1 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For acquisition of necessary additional real property 

4 and facilities, construction, and ongoing maintenance, fa5 cility improvements, and related expenses of the Federal 

6 Law Enforcement Training Center, $43,456,000, to re7 main available until expended: Provided, That the Center 

8 is authorized to accept reimbursement to this appropria9 tion from Government agencies requesting the construc10 tion of special use facilities. 

11 SCIENCE AND TECHNOLOGY

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Office of the Under 

14 Secretary for Science and Technology and for manage15 ment and administration of programs and activities, as 

16 authorized by title III of the Homeland Security Act of 

17 2002 (6 U.S.C. 181 et seq.), $142,200,000: Provided, 

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

19 and representation expenses. 

20 RESEARCH, DEVELOPMENT, ACQUISITION, AND

21 OPERATIONS

22 For necessary expenses for science and technology re23 search, including advanced research projects; development; 

24 test and evaluation; acquisition; and operations; as author25 ized by title III of the Homeland Security Act of 2002 


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1 (6 U.S.C. 181 et seq.); $825,356,000, to remain available 

2 until expended: Provided, That of the amount provided, 

3 $12,000,000 shall be for construction expenses of the Pa4 cific Northwest National Laboratory: Provided further, 

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

6 National Institute for Hometown Security, Kentucky: Pro7 vided further, That not less than $2,000,000 shall be avail8 able for the Naval Postgraduate School: Provided further, 

9 That not less than $1,000,000 shall be available to con10 tinue a homeland security research, development, and 

11 manufacturing pilot project: Provided further, That 

12 $500,000 shall be available for a demonstration project 

13 to develop situational awareness and decision support ca14 pabilities through remote sensing technologies: Provided 

15 further, That $4,000,000 shall be available for a pilot pro16 gram to develop a replicable port security system that 

17 would improve maritime domain awareness: Provided fur18 ther, That none of the funds available under this heading, 

19 in this Act, or in any previously enacted law shall be obli20 gated for construction of a National Bio– and Agro–de21 fense Facility located on the United States mainland until 

22 the Secretary of Homeland Security receives a risk assess23 ment prepared by a person who is not an officer or em24 ployee of the Department of Homeland Security of whethVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 er foot-and-mouth disease work can be done safely on the 

2 United States mainland. 

3 DOMESTIC NUCLEAR DETECTION OFFICE

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the Domestic Nuclear 

6 Detection Office as authorized by title XIX of the Home7 land Security Act of 2002 (6 U.S.C. 591 et seq.) as 

8 amended, for management and administration of pro9 grams and activities, $39,599,000: Provided, That not to 

10 exceed $3,000 shall be for official reception and represen11 tation expenses. 

12 RESEARCH, DEVELOPMENT, AND OPERATIONS

13 For necessary expenses for radiological and nuclear 

14 research, development, testing, evaluation, and operations, 

15 $326,537,000, to remain available until expended. 

16 TITLE V—GENERAL PROVISIONS 

17 (INCLUDING RESCISSIONS OF FUNDS)

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

19 this Act shall remain available for obligation beyond the 

20 current fiscal year unless expressly so provided herein. 

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

22 of this Act, the unexpended balances of prior appropria23 tions provided for activities in this Act may be transferred 

24 to appropriation accounts for such activities established 

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


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1 applicable established accounts, and thereafter may be ac2 counted for as one fund for the same time period as origi3 nally enacted. 

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

5 provided by previous appropriations Acts to the agencies 

6 in or transferred to the Department of Homeland Security 

7 that remain available for obligation or expenditure in fiscal 

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

9 of the United States derived by the collection of fees avail10 able to the agencies funded by this Act, shall be available 

11 for obligation or expenditure through a reprogramming of 

12 funds that: (1) creates a new program, project, office, or 

13 activity; (2) eliminates a program, project, office, or activ14 ity; (3) increases funds for any program, project, or activ15 ity for which funds have been denied or restricted by the 

16 Congress; (4) proposes to use funds directed for a specific 

17 activity by either of the Committees on Appropriations of 

18 the Senate or the House of Representatives for a different 

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

20 which funding levels were requested for Federal full-time 

21 equivalents in the object classification tables contained in 

22 the fiscal year 2010 Budget Appendix for the Department 

23 of Homeland Security, as modified by the explanatory 

24 statement accompanying this Act, unless the Committees 

25 on Appropriations of the Senate and the House of RepVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 resentatives are notified 15 days in advance of such re2 programming of funds. 

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

4 by previous appropriations Acts to the agencies in or 

5 transferred to the Department of Homeland Security that 

6 remain available for obligation or expenditure in fiscal 

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

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

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

10 be available for obligation or expenditure for programs, 

11 projects, or activities through a reprogramming of funds 

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

13 that: (1) augments existing programs, projects, or activi14 ties; (2) reduces by 10 percent funding for any existing 

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

16 10 percent as approved by the Congress; or (3) results 

17 from any general savings from a reduction in personnel 

18 that would result in a change in existing programs, 

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

20 the Committees on Appropriations of the Senate and the 

21 House of Representatives are notified 15 days in advance 

22 of such reprogramming of funds. 

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

24 made available for the current fiscal year for the Depart25 ment of Homeland Security by this Act or provided by 


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1 previous appropriations Acts may be transferred between 

2 such appropriations, but no such appropriation, except as 

3 otherwise specifically provided, shall be increased by more 

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

5 transfer under this section shall be treated as a re6 programming of funds under subsection (b) and shall not 

7 be available for obligation unless the Committees on Ap8 propriations of the Senate and the House of Representa9 tives are notified 15 days in advance of such transfer. 

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

11 this section, no funds shall be reprogrammed within or 

12 transferred between appropriations after June 30, except 

13 in extraordinary circumstances that imminently threaten 

14 the safety of human life or the protection of property. 

15 (e) Within 90 days after the date of the enactment 

16 of this Act, the Secretary of Homeland Security shall sub17 mit to the Committees on Appropriations of the Senate 

18 and the House of Representatives a report listing all dollar 

19 amounts specified in this Act and accompanying explana20 tory statement that are identified in the detailed funding 

21 table at the end of the explanatory statement accom22 panying this Act or any other amounts specified in this 

23 Act or accompanying explanatory statement: Provided, 

24 That such dollar amounts specified in this Act and accom25 panying explanatory statement shall be subject to the conVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 ditions and requirements of subsections (a), (b), and (c) 

2 of this section. 

3 SEC. 504. The Department of Homeland Security 

4 Working Capital Fund, established pursuant to section 

5 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

6 continue operations as a permanent working capital fund 

7 for fiscal year 2010: Provided, That none of the funds ap8 propriated or otherwise made available to the Department 

9 of Homeland Security may be used to make payments to 

10 the Working Capital Fund, except for the activities and 

11 amounts allowed in the President’s fiscal year 2010 budg12 et: Provided further, That funds provided to the Working 

13 Capital Fund shall be available for obligation until ex14 pended to carry out the purposes of the Working Capital 

15 Fund: Provided further, That all departmental components 

16 shall be charged only for direct usage of each Working 

17 Capital Fund service: Provided further, That funds pro18 vided to the Working Capital Fund shall be used only for 

19 purposes consistent with the contributing component: Pro20 vided further, That such fund shall be paid in advance or 

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

22 service: Provided further, That the Working Capital Fund 

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

24 Act. 


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1 SEC. 505. Except as otherwise specifically provided 

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

3 remaining available at the end of fiscal year 2010 from 

4 appropriations for salaries and expenses for fiscal year 

5 2010 in this Act shall remain available through September 

6 30, 2011, in the account and for the purposes for which 

7 the appropriations were provided: Provided, That prior to 

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

9 to the Committees on Appropriations of the Senate and 

10 the House of Representatives for approval in accordance 

11 with section 503 of this Act. 

12 SEC. 506. Funds made available by this Act for intel13 ligence activities are deemed to be specifically authorized 

14 by the Congress for purposes of section 504 of the Na15 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

16 year 2010 until the enactment of an Act authorizing intel17 ligence activities for fiscal year 2010. 

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

19 Act may be used to make a grant allocation, grant award, 

20 contract award, other transactional agreement, or to issue 

21 a letter of intent totaling in excess of $1,000,000, or to 

22 announce publicly the intention to make such an award, 

23 including a contract covered by the Federal Acquisition 

24 Regulation, unless the Secretary of Homeland Security no25 tifies the Committees on Appropriations of the Senate and 


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1 the House of Representatives at least 3 full business days 

2 in advance of making such an award or issuing such a 

3 letter: Provided, That if the Secretary of Homeland Secu4 rity determines that compliance with this section would 

5 pose a substantial risk to human life, health, or safety, 

6 an award may be made without notification and the Com7 mittees on Appropriations of the Senate and the House 

8 of Representatives shall be notified not later than 5 full 

9 business days after such an award is made or letter issued: 

10 Provided further, That no notification shall involve funds 

11 that are not available for obligation: Provided further, 

12 That the notification shall include the amount of the 

13 award, the fiscal year for which the funds for the award 

14 were appropriated, and the account from which the funds 

15 are being drawn: Provided further, That the Federal 

16 Emergency Management Agency shall brief the Commit17 tees on Appropriations of the Senate and the House of 

18 Representatives 5 full business days in advance of an19 nouncing publicly the intention of making an award under 

20 the State and Local Programs. 

21 SEC. 508. Notwithstanding any other provision of 

22 law, no agency shall purchase, construct, or lease any ad23 ditional facilities, except within or contiguous to existing 

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

25 law enforcement training without the advance approval of 


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1 the Committees on Appropriations of the Senate and the 

2 House of Representatives, except that the Federal Law 

3 Enforcement Training Center is authorized to obtain the 

4 temporary use of additional facilities by lease, contract, 

5 or other agreement for training which cannot be accommo6 dated in existing Center facilities. 

7 SEC. 509. None of the funds appropriated or other8 wise made available by this Act may be used for expenses 

9 for any construction, repair, alteration, or acquisition 

10 project for which a prospectus otherwise required under 

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

12 approved, except that necessary funds may be expended 

13 for each project for required expenses for the development 

14 of a proposed prospectus. 

15 SEC. 510. Sections 519, 520, 522, 528, 530, and 531 

16 of the Department of Homeland Security Appropriations 

17 Act, 2008 (division E of Public Law 110–161; 121 Stat. 

18 2072, 2073, 2074, 2082) shall apply with respect to funds 

19 made available in this Act in the same manner as such 

20 sections applied to funds made available in that Act. 

21 SEC. 511. None of the funds made available in this 

22 Act may be used in contravention of the applicable provi23 sions of the Buy American Act (41 U.S.C. 10a et seq.). 

24 SEC. 512. None of the funds appropriated by this Act 

25 may be used to process or approve a competition under 


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1 Office of Management and Budget Circular A–76 for serv2 ices provided as of June 1, 2004, by employees (including 

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

4 States Citizenship and Immigration Services of the De5 partment of Homeland Security who are known as of that 

6 date as immigration information officers, contact rep7 resentatives, or investigative assistants. 

8 SEC. 513. (a) The Secretary of Homeland Security 

9 shall research, develop, and procure new technologies to 

10 inspect and screen air cargo carried on passenger aircraft 

11 by the earliest date possible. 

12 (b) Checked baggage explosive detection equipment 

13 and screeners that exist as of the date of the enactment 

14 of this Act shall be used to screen air cargo carried on 

15 passenger aircraft to the greatest extent practicable at 

16 each airport until technologies developed under subsection 

17 (a) are available for such purpose. 

18 (c) The Assistant Secretary of Homeland Security 

19 (Transportation Security Administration) shall work with 

20 air carriers and airports to ensure that the screening of 

21 cargo carried on passenger aircraft, as defined in section 

22 44901(g)(5) of title 49, United States Code, increases in23 crementally each quarter. 

24 (d) Not later than 45 days after the end of each quar25 ter, the Assistant Secretary shall submit to the CommitVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 tees on Appropriations of the Senate and the House of 

2 Representatives a report on air cargo inspection statistics 

3 by airport and air carrier detailing the incremental 

4 progress being made to meet the requirements of section 

5 44901(g)(2) of title 49, United States Code. 

6 (e) Not later than 180 days after the date of the en7 actment of this Act, the Assistant Secretary of Homeland 

8 Security (Transportation Security Administration) shall 

9 submit to the Committees on Appropriations of the Senate 

10 and the House of Representatives, a report on how the 

11 Transportation Security Administration plans to meet the 

12 requirement for screening all air cargo on passenger air13 craft by the deadline under section 44901(g) of title 49, 

14 United States Code. The report shall identify the elements 

15 of the system to screen 100 percent of cargo transported 

16 between domestic airports at a level of security commensu17 rate with the level of security for the screening of pas18 senger checked baggage. 

19 SEC. 514. Except as provided in section 44945 of title 

20 49, United States Code, funds appropriated or transferred 

21 to the Transportation Security Administration ‘‘Aviation 

22 Security’’, ‘‘Administration’’ and ‘‘Transportation Secu23 rity Support’’ accounts for fiscal years 2004, 2005, 2006, 

24 and 2007 that are recovered or deobligated shall be avail25 able only for the procurement or installation of explosives 


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1 detection systems for air cargo, baggage, and checkpoint 

2 screening systems, subject to notification: Provided, That 

3 quarterly reports shall be submitted to the Committees on 

4 Appropriations of the Senate and the House of Represent5 atives on any funds that are recovered or deobligated. 

6 SEC. 515. Any funds appropriated to the Coast 

7 Guard ‘‘Acquisition, Construction, and Improvements’’ ac8 count for fiscal years 2002, 2003, 2004, 2005, and 2006 

9 for the 110–123 foot patrol boat conversion that are recov10 ered, collected, or otherwise received as the result of nego11 tiation, mediation, or litigation, shall be available until ex12 pended for the Fast Response Cutter program. 

13 SEC. 516. Within 45 days after the end of each 

14 month, the Chief Financial Officer of the Department of 

15 Homeland Security shall submit to the Committees on Ap16 propriations of the Senate and the House of Representa17 tives a monthly budget and staffing report for that month 

18 that includes total obligations, on-board versus funded 

19 full-time equivalent staffing levels, and the number of con20 tract employees for each office of the Department. 

21 SEC. 517. Section 532(a) of Public Law 109–295 

22 (120 Stat. 1384) is amended by striking ‘‘2009’’ and in23 serting ‘‘2010’’. 

24 SEC. 518. The functions of the Federal Law Enforce25 ment Training Center instructor staff shall be classified 


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1 as inherently governmental for the purpose of the Federal 

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

3 note). 

4 SEC. 519. (a) None of the funds provided by this or 

5 any other Act may be obligated for the development, test6 ing, deployment, or operation of any portion of a human 

7 resources management system authorized by Section 

8 9701(a) of title 5, United States Code, or by regulations 

9 prescribed pursuant to such section, for an employee, as 

10 that term is defined in section 7103(a)(2) of such title. 

11 (b) The Secretary of Homeland Security shall col12 laborate with employee representatives in the manner pre13 scribed in section 9701(e) of title 5, United States Code, 

14 in the planning, testing, and development of any portion 

15 of a human resources management system that is devel16 oped, tested, or deployed for persons excluded from the 

17 definition of employee as that term is defined in section 

18 7103(a)(2) of such title. 

19 SEC. 520. For fiscal year 2010, none of the funds 

20 made available in this or any other Act may be used to 

21 enforce section 4025(1) of Public Law 108–458 unless the 

22 Assistant Secretary of Homeland Security (Transpor23 tation Security Administration) reverses the determination 

24 of July 19, 2007, that butane lighters are not a significant 

25 threat to civil aviation security. 


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1 SEC. 521. Funds made available in this Act may be 

2 used to alter operations within the Civil Engineering Pro3 gram of the Coast Guard nationwide, including civil engi4 neering units, facilities design and construction centers, 

5 maintenance and logistics commands, and the Coast 

6 Guard Academy, except that none of the funds provided 

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

8 Civil Engineering Unit unless specifically authorized by a 

9 statute enacted after the date of the enactment of this 

10 Act. 

11 SEC. 522. (a) Except as provided in subsection (b), 

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

13 to the Office of the Secretary and Executive Management, 

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

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

16 a grant or contract funded under such headings by any 

17 means other than full and open competition. 

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

19 funds for a contract awarded— 

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

21 statute, including obligation for a purchase made 

22 under a mandated preferential program, including 

23 the AbilityOne Program, that is authorized under 

24 the Javits-Wagner-O’Day Act (41 U.S.C. 46 et 

25 seq.); 


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1 (2) pursuant to the Small Business Act (15 

2 U.S.C. 631 et seq.); 

3 (3) in an amount less than the simplified acqui4 sition threshold described under section 302A(a) of 

5 the Federal Property and Administrative Services 

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

7 (4) by another Federal agency using funds pro8 vided through an interagency agreement. 

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

10 Homeland Security may waive the application of this sec11 tion for the award of a contract in the interest of national 

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

13 to human health or welfare. 

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

15 which the Secretary of Homeland Security issues a 

16 waiver under this subsection, the Secretary shall 

17 submit notification of that waiver to the Committees 

18 on Appropriations of the Senate and the House of 

19 Representatives, including a description of the appli20 cable contract and an explanation of why the waiver 

21 authority was used. The Secretary may not delegate 

22 the authority to grant such a waiver. 

23 (d) In addition to the requirements established by 

24 subsections (a), (b), and (c) of this section, the Inspector 

25 General of the Department of Homeland Security shall reVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 view departmental contracts awarded through means other 

2 than a full and open competition to assess departmental 

3 compliance with applicable laws and regulations: Provided, 

4 That the Inspector General shall review selected contracts 

5 awarded in the previous fiscal year through other than full 

6 and open competition: Provided further, That in selecting 

7 which contracts to review, the Inspector General shall con8 sider the cost and complexity of the goods and services 

9 to be provided under the contract, the criticality of the 

10 contract to fulfilling Department missions, past perform11 ance problems on similar contracts or by the selected ven12 dor, complaints received about the award process or con13 tractor performance, and such other factors as the Inspec14 tor General deems relevant: Provided further, That the In15 spector General shall report the results of the reviews to 

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives. 

18 SEC. 523. None of the funds provided by this or pre19 vious appropriations Acts shall be used to fund any posi20 tion designated as a Principal Federal Official for any 

21 Robert T. Stafford Disaster Relief and Emergency Assist22 ance Act (42 U.S.C. 5121 et seq.) declared disasters or 

23 emergencies. 

24 SEC. 524. None of the funds made available in this 

25 Act may be used by United States Citizenship and ImmiVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 gration Services to grant an immigration benefit unless 

2 the results of background checks required by law to be 

3 completed prior to the granting of the benefit have been 

4 received by United States Citizenship and Immigration 

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

6 the benefit. 

7 SEC. 525. None of the funds made available in this 

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

9 or other equine belonging to the Federal Government that 

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

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

12 through an adoption program that has safeguards against 

13 slaughter and inhumane treatment. 

14 SEC. 526. None of the funds provided in this Act 

15 shall be available to carry out section 872 of the Homeland 

16 Security Act of 2002 (6 U.S.C. 452). 

17 SEC. 527. None of the funds appropriated by this Act 

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

19 a competition under Office of Management and Budget 

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

21 Coast Guard National Vessel Documentation Center. 

22 SEC. 528. The Secretary of Homeland Security shall 

23 require that all contracts of the Department of Homeland 

24 Security that provide award fees link such fees to successVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 ful acquisition outcomes (which outcomes shall be speci2 fied in terms of cost, schedule, and performance). 

3 SEC. 529. None of the funds made available to the 

4 Office of the Secretary and Executive Management under 

5 this Act may be expended for any new hires by the Depart6 ment of Homeland Security that are not verified through 

7 the basic pilot program under section 401 of the Illegal 

8 Immigration Reform and Immigrant Responsibility Act of 

9 1996 (8 U.S.C. 1324a note). 

10 SEC. 530. None of the funds made available in this 

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

12 to prevent an individual not in the business of importing 

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

14 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

15 381(g)) from importing a prescription drug from Canada 

16 that complies with the Federal Food, Drug, and Cosmetic 

17 Act (21 U.S.C. 301 et seq.): Provided, That this section 

18 shall apply only to individuals transporting on their person 

19 a personal-use quantity of the prescription drug, not to 

20 exceed a 90-day supply: Provided further, That the pre21 scription drug may not be— 

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

23 102 of the Controlled Substances Act (21 U.S.C. 

24 802); or 


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

2 351 of the Public Health Service Act (42 U.S.C. 

3 262). 

4 SEC. 531. None of the funds made available in this 

5 Act may be used by the Secretary of Homeland Security 

6 or any delegate of the Secretary to issue any rule or regu7 lation which implements the Notice of Proposed Rule8 making related to Petitions for Aliens To Perform Tem9 porary Nonagricultural Services or Labor (H–2B) set out 

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

11 SEC. 532. Section 831 of the Homeland Security Act 

12 of 2002 (6 U.S.C. 391) is amended— 

13 (1) in subsection (a), by striking ‘‘Until Sep14 tember 30, 2009’’ and inserting ‘‘Until September 

15 30, 2010,’’; and 

16 (2) in subsection (d)(1), by striking ‘‘September 

17 30, 2009,’’ and inserting ‘‘September 30, 2010,’’. 

18 SEC. 533. None of the funds made available in this 

19 Act may be used for planning, testing, piloting, or devel20 oping a national identification card. 

21 SEC. 534. (a) Notwithstanding any other provision 

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

23 days after the date that the President determines whether 

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

25 appeal is completed, the Administrator shall submit to the 


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1 Committee on Homeland Security and Governmental Af2 fairs of the Senate, the Committee on Homeland Security 

3 of the House of Representatives, the Committee on Trans4 portation and Infrastructure of the House of Representa5 tives, the Committees on Appropriations of the Senate and 

6 the House of Representatives, and publish on the website 

7 of the Federal Emergency Management Agency, a report 

8 regarding that decision, which shall summarize damage 

9 assessment information used to determine whether to de10 clare a major disaster. 

11 (b) The Administrator may redact from a report 

12 under subsection (a) any data that the Administrator de13 termines would compromise national security. 

14 (c) In this section— 

15 (1) the term ‘‘Administrator’’ means the Ad16 ministrator of the Federal Emergency Management 

17 Agency; and 

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

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

20 Stafford Disaster Relief and Emergency Assistance 

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

22 SEC. 535. Notwithstanding any other provision of 

23 law, in the fiscal year 2010 or a subsequent fiscal year, 

24 if the Secretary of Homeland Security determine that the 

25 National Bio– and Agro–defense Facility should be located 


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

2 shall liquidate the Plum Island asset by directing the Ad3 ministrator of General Services to sell, through public sale, 

4 all real and related personal property and transportation 

5 assets that support Plum Island operations, subject to 

6 such terms and conditions as the Secretary determines are 

7 necessary to protect government interests and meet pro8 gram requirements: Provided, That the proceeds of such 

9 sale shall be deposited as offsetting collections into the De10 partment of Homeland Security Science and Technology 

11 ‘‘Research, Development, Acquisition, and Operations’’ ac12 count and, subject to appropriation, shall be available until 

13 expended, for site acquisition, construction, and costs re14 lated to the construction of the National Bio– and Agro– 

15 defense Facility, including the costs associated with the 

16 sale, including due diligence requirements, necessary envi17 ronmental remediation at Plum Island, and reimburse18 ment of expenses incurred by the General Services Admin19 istration: Provided further, That after the completion of 

20 construction and environmental remediation, the unex21 pended balances of funds appropriated for costs referred 

22 to in the preceding proviso shall be available for transfer 

23 to the appropriate account for design and construction of 

24 a consolidated Department of Homeland Security Head25 quarters project, excluding daily operations and mainteVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 nance costs, notwithstanding section 503 of this Act, and 

2 the Committees on Appropriations of the Senate and the 

3 House of Representatives shall be notified 15 days prior 

4 to such transfer. 

5 SEC. 536. Any official who is required by this Act 

6 to report or certify to the Committees on Appropriations 

7 of the Senate and the House of Representatives may not 

8 delegate such authority to perform that act unless specifi9 cally authorized herein. 

10 SEC. 537. The Secretary of Homeland Security, in 

11 consultation with the Secretary of the Treasury, shall no12 tify the Committees on Appropriations of the Senate and 

13 the House of Representatives of any proposed transfers 

14 of funds available under subsection (g)(4)(B) of title 31, 

15 Unites States Code (as added by Public Law 102–393) 

16 from the Department of the Treasury Forfeiture Fund to 

17 any agency within the Department of Homeland Security: 

18 Provided, That none of the funds identified for such a 

19 transfer may be obligated until the Committees on Appro20 priations of the Senate and the House of Representatives 

21 approve the proposed transfers. 

22 SEC. 538. If the Assistant Secretary of Homeland Se23 curity (Transportation Security Administration) deter24 mines that an airport does not need to participate in the 

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1 gration Reform and Immigrant Responsibility Act of 1996 

2 (8 U.S.C. 1324a note), the Assistant Secretary shall cer3 tify to the Committees on Appropriations of the Senate 

4 and the House of Representatives that no security risks 

5 will result from such non-participation. 

6 SEC. 539. From the unobligated balances of prior 

7 year appropriations made available for ‘‘Analysis and Op8 erations’’, $2,203,000 is rescinded. 

9 SEC. 540. The explanatory statement referenced in 

10 section 4 of Public Law 110–161 for ‘‘National 

11 Predisaster Mitigation Fund’’ under Federal Emergency 

12 Management Agency is deemed to be amended— 

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

14 that follows through ‘‘750,000’’ and inserting the 

15 following: 

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

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

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

16 (2) by striking ‘‘Santee and’’; 

17 (3) by striking ‘‘3,000,000’’ and inserting 

18 ‘‘1,500,000’’; 

19 (4) by inserting after the item relating to Adju20 tant General’s Office of Emergency Preparedness 

21 the following: 

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

22 and 


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1 (5) by striking ‘‘Public Works Department of 

2 the City of Santa Cruz, CA’’ and inserting ‘‘Mon3 terey County Water Resources Agency, CA’’. 

4 SEC. 541. Section 203(m) of the Robert T. Stafford 

5 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

6 5133(m)) is amended by striking ‘‘September 30, 2009’’ 

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

8 SEC. 542. From the unobligated balances of prior 

9 year appropriations made available for the ‘‘Infrastructure 

10 Protection and Information Security’’ account, 

11 $5,963,000 is rescinded. 

12 SEC. 543. From unobligated amounts that are avail13 able to the Coast Guard for fiscal year 2008 or 2009 for 

14 acquisition, construction, and improvements for shoreside 

15 facilities and aids to navigation at Coast Guard Sector 

16 Buffalo, the Secretary of Homeland Security shall use 

17 such sums as may be necessary to make improvements to 

18 the land along the northern portion of Sector Buffalo to 

19 enhance public access to the Buffalo Lighthouse and the 

20 waterfront. 

21 SEC. 544. For fiscal year 2010 and hereinafter, the 

22 Secretary may provide to personnel appointed or assigned 

23 to serve abroad, allowances and benefits similar to those 

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

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


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1 SEC. 545. (a) EXTENSION OF PROGRAMS.—Section 

2 143 of Division A of the Consolidated Security, Disaster 

3 Assistance, and Continuing Appropriations Act, 2009 

4 (Public Law 110-329; 122 Stat. 3580 et seq.), as amended 

5 by section 101 of division J of the Omnibus Appropria6 tions Act, 2009 (Public Law 111–8), is amended by strik7 ing ‘‘September 30, 2009’’ and inserting ‘‘September 30, 

8 2011’’. 

9 (b) PROTECTION OF SOCIAL SECURITY ADMINISTRA10 TION PROGRAMS.— 

11 (1) FUNDING UNDER AGREEMENT.—Effective 

12 for fiscal years beginning on or after October 1, 

13 2009, the Commissioner of Social Security and the 

14 Secretary of Homeland Security shall enter into and 

15 maintain an agreement which shall— 

16 (A) provide funds to the Commissioner for 

17 the full costs of the responsibilities of the Com18 missioner under section 404 of the Illegal Im19 migration Reform and Immigrant Responsibility 

20 Act of 1996 (8 U.S.C. 1324a note), including— 

21 (i) acquiring, installing, and maintain22 ing technological equipment and systems 

23 necessary for the fulfillment of the respon24 sibilities of the Commissioner under such 

25 section 404, but only that portion of such 


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1 costs that are attributable exclusively to 

2 such responsibilities; and 

3 (ii) responding to individuals who con4 test a tentative nonconfirmation provided 

5 by the basic pilot confirmation system es6 tablished under such section; 

7 (B) subject to the availability of appropria8 tions for such purpose, provide such funds 

9 quarterly in advance of the applicable quarter 

10 based on estimating methodology agreed to by 

11 the Commissioner and the Secretary (except in 

12 such instances where the delayed enactment of 

13 an annual appropriation may preclude such 

14 quarterly payments); and 

15 (C) require an annual accounting and rec16 onciliation of the actual costs incurred and the 

17 funds provided under the agreement, which 

18 shall be jointly reviewed by the Office of the In19 spector General of the Social Security Adminis20 tration and the Office of Inspector General of 

21 the Department of Homeland Security. 

22 (2) CONTINUATION OF EMPLOYMENT

23 VERIFICATION IN ABSENCE OF TIMELY AGREE24 MENT.—In any case in which the agreement re25 quired under paragraph (1) for any fiscal year beVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 ginning on or after October 1, 2009, has not been 

2 reached as of October 1 of such fiscal year, the most 

3 recent agreement between the Commissioner and the 

4 Secretary of Homeland Security providing for fund5 ing to cover the costs of the responsibilities of the 

6 Commissioner under section 404 of the Illegal Immi7 gration Reform and Immigrant Responsibility Act of 

8 1996 (8 U.S.C. 1324a note) shall be deemed in ef9 fect on an interim basis for such fiscal year until 

10 such time as an agreement required under para11 graph (1) is subsequently reached, except that the 

12 terms of such interim agreement shall be modified 

13 by the Director of the Office of Management and 

14 Budget to adjust for inflation and any increase or 

15 decrease in the volume of requests under the basic 

16 pilot confirmation system. In any case in which an 

17 interim agreement applies for any fiscal year under 

18 this paragraph, the Commissioner and the Secretary 

19 shall, not later than October 1 of such fiscal year, 

20 notify the Committee on Ways and Means of the 

21 House of Representatives, the Committees on the 

22 Judiciary of the Senate and the House of Represent23 atives, the Committees on Appropriations of the 

24 Senate and the House of Representatives, and the 

25 Committee on Finance of the Senate of the failure 


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1 to reach the agreement required under paragraph 

2 (1) for such fiscal year. Until such time as the 

3 agreement required under paragraph (1) has been 

4 reached for such fiscal year, the Commissioner and 

5 the Secretary shall, not later than the end of each 

6 90-day period after October 1 of such fiscal year, 

7 notify such Committees of the status of negotiations 

8 between the Commissioner and the Secretary in 

9 order to reach such an agreement. 

10 (c) GAO STUDY OF BASIC PILOT CONFIRMATION

11 SYSTEM.— 

12 (1) IN GENERAL.—As soon as practicable after 

13 the date of the enactment of this Act, the Comp14 troller General shall conduct a study regarding erro15 neous tentative nonconfirmations under the basic 

16 pilot confirmation system established under section 

17 404(a) of the Illegal Immigration Reform and Immi18 grant Responsibility Act of 1996 (8 U.S.C. 1324a 

19 note). 

20 (2) MATTERS TO BE STUDIED.—In the study 

21 required under paragraph (1), the Comptroller Gen22 eral shall determine and analyze— 

23 (A) the causes of erroneous tentative non24 confirmations under the basic pilot confirmation 

25 system; 


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1 (B) the processes by which such erroneous 

2 tentative nonconfirmations are remedied; and 

3 (C) the effect of such erroneous tentative 

4 nonconfirmations on individuals, employers, and 

5 Federal agencies. 

6 (3) REPORT.—Not later than 2 years after the 

7 date of the enactment of this Act, the Comptroller 

8 General shall submit the results of the study re9 quired under paragraph (1) to the Committee on 

10 Ways and Means of the House of Representatives, 

11 the Committees on the Judiciary of the Senate and 

12 the House of Representatives, the Committee on Fi13 nance of the Senate, and the Committees on Appro14 priations of the Senate and the House of Represent15 atives. 

16 (d) GAO STUDY OF EFFECTS OF BASIC PILOT PRO17 GRAM ON SMALL ENTITIES.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of the enactment of this Act, the Comp20 troller General shall submit to the Committees on 

21 the Judiciary of the Senate and the House of Rep22 resentatives and the Committees on Appropriations 

23 of the Senate and the House of Representatives a 

24 report containing the Comptroller General’s analysis 

25 of the effects of the basic pilot program described in 


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1 section 404(a) of the Illegal Immigration Reform 

2 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

3 1324a note) on small entities (as defined in section 

4 601 of title 5, United States Code). The report shall 

5 detail— 

6 (A) the costs of compliance with such pro7 gram on small entities; 

8 (B) a description and an estimate of the 

9 number of small entities enrolled and partici10 pating in such program or an explanation of 

11 why no such estimate is available; 

12 (C) the projected reporting, recordkeeping, 

13 and other compliance requirements of such pro14 gram on small entities; 

15 (D) factors that impact small entities’ en16 rollment and participation in such program, in17 cluding access to appropriate technology, geog18 raphy, entity size, and class of entity; and 

19 (E) the steps, if any, the Secretary of 

20 Homeland Security has taken to minimize the 

21 economic impact of participating in such pro22 gram on small entities. 

23 (2) DIRECT AND INDIRECT EFFECTS.—The re24 port shall cover, and treat separately, direct effects 

25 (such as wages, time, and fees spent on compliance) 


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1 and indirect effects (such as the effect on cash flow, 

2 sales, and competitiveness). 

3 (3) SPECIFIC CONTENTS.—The report shall pro4 vide specific and separate details with respect to— 

5 (A) small businesses (as defined in section 

6 601 of title 5, United States Code) with fewer 

7 than 50 employees; and 

8 (B) small entities operating in States that 

9 have mandated use of the basic pilot program. 

10 SEC. 546. (a) IN GENERAL.—Strike subparagraphs 

11 (A) through (C) that appear within section 426(b) of divi12 sion J of the Consolidated Appropriations Act, 2005 (Pub13 lic Law 108–447) and insert the following: 

14 ‘‘ ‘(A) SECRETARAY OF STATE.—One-third 

15 of the amounts deposited into the Fraud Pre16 vention and Detection Account shall remain 

17 available to the Secretary of State until ex18 pended for programs and activities— 

19 ‘‘ ‘(i) to increase the number of con20 sular and diplomatic security personnel as21 signed primarily to the function of pre22 venting and detecting fraud by applicants 

23 for visas described in subparagraph (H)(i), 

24 (H)(ii), or (L) of section 101(a)(15); 


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1 ‘‘ ‘(ii) otherwise to prevent and detect 

2 visa fraud, including fraud by applicants 

3 for visas described in subparagraph (H)(i), 

4 (H)(ii), or (L) of section 101(a)(15), as 

5 well as the purchase, lease, construction, 

6 and staffing of facilities for the processing 

7 of these classes of visa, in consultation 

8 with the Secretary of Homeland Security 

9 as appropriate; and 

10 ‘‘ ‘(iii) upon request by the Secretary 

11 of Homeland Security, to assist such Sec12 retary in carrying out the fraud prevention 

13 and detection programs and activities de14 scribed in subparagraph (B). 

15 ‘‘ ‘(B) SECRETARY OF HOMELAND SECU16 RITY.—One-third of the amounts deposited into 

17 the Fraud Prevention and Detection Account 

18 shall remain available to the Secretary of 

19 Homeland Security until expended for programs 

20 and activities to prevent and detect immigration 

21 benefit fraud, including fraud with respect to 

22 petitions filed under paragraph (1) or (2)(A) of 

23 section 214(c) to grant an alien nonimmigrant 

24 status described in subparagraph (H) or (L) of 

25 section 101(a)(15). 


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1 ‘‘ ‘(C) SECRETARY OF LABOR.—One-third 

2 of the amounts deposited into the Fraud Pre3 vention and Detection Account shall remain 

4 available to the Secretary of Labor until ex5 pended for wage and hour enforcement pro6 grams and activities otherwise authorized to be 

7 conducted by the Secretary of Labor that focus 

8 on industries likely to employ nonimmigrants, 

9 including enforcement programs and activities 

10 described in section 212(n) and enforcement 

11 programs and activities related to section 

12 214(c)(14)(A)(i).’ ’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date of the enact15 ment of this Act. 

16 CLARIFICATION OF FEE AUTHORITY

17 SEC. 547. (a) IN GENERAL.—In addition to collection 

18 of registration fees described in section 244(c)(1)(B) of 

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

20 1254a(c)(1)(B)), fees for fingerprinting services, biometric 

21 services, and other necessary services may be collected 

22 when administering the program described in section 244 

23 of such Act. 

24 (b) CONSTRUCTION.—Subsection (a) shall be con25 strued to apply for fiscal year 1998 and each fiscal year 

26 thereafter. 


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1 SEC. 548. Section 550(b) of the Department of 

2 Homeland Security Appropriations Act, 2007 (Public Law 

3 109–295; 6 U.S.C. 121 note) is amended by striking 

4 ‘‘three years after the date of enactment of this Act’’ and 

5 inserting ‘‘October 4, 2010’’. 

6 SEC. 549. For Fiscal Year 2010 and thereafter, the 

7 Secretary of Homeland Security may collect fees from any 

8 non-Federal participant in a conference, seminar, exhi9 bition, symposium, or similar meeting conducted by the 

10 Department of Homeland Security in advance of the con11 ference, either directly or by entering into a contract, and 

12 those fees shall be credited to the appropriation or account 

13 from which the costs of the conference, seminar, exhi14 bition, symposium, or similar meeting are paid and shall 

15 be available to pay the costs of the Department of Home16 land Security with respect to the conference or to reim17 burse the Department for costs incurred with respect to 

18 the conference. In the event the total amount of fees col19 lected with respect to a conference exceeds the actual costs 

20 of the Department of Homeland Security with respect to 

21 the conference, the amount of such excess shall be depos22 ited into the Treasury as miscellaneous receipts. 

23 SEC. 550. From unobligated balances for fiscal year 

24 2009 made available for the Federal Emergency ManageVerDate Nov 24 2008 22:24 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H2892.RH H2892

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1 ment Agency ‘‘Trucking Industry Security Grants’’ ac2 count, $5,572,000 is rescinded. 

3 SEC. 551. None of the funds made avilable in this 

4 Act may be obligated for full–scale procurement of Ad5 vanced Spectroscopic Portal monitors until the Secretary 

6 of Homeland Security submits to the Committees on Ap7 propriations of the Senate and the House of Representa8 tives a report certifying that a significant increase in oper9 ational effectiveness will be achieved: Provided, That the 

10 Secretary shall submit separate and distinct certifications 

11 prior to the procurement of Advaced Spectroscopic Portal 

12 monitors for primary and secondary deployment that ad13 dress the unique requirements for operational effectiveness 

14 of each type of deployment: Provided further, That the 

15 Secretary shall consult with the National Academy of 

16 Sciences before making such certifications: Provided fur17 ther, That none of the funds provided in this Act may be 

18 obligated for high-risk concurrent development and pro19 duction of mutually dependent software and hardware. 

20 SEC. 552. (a) As part of a plan regarding the pro21 posed disposition of any individual who is detained, as of 

22 April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, 

23 the Secretary of Homeland Security shall conduct a threat 

24 assessment for each such individual who is proposed to 

25 be transferred to the continental United States, Alaska, 


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

2 Territories that— 

3 (1) determines the risk that the individual might in4 stigate an act of terrorism within the continental United 

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

6 United States Territories if the individual were so trans7 ferred; and 

8 (2) determines the risk that the individual might ad9 vocate, coerce, or incite violent extremism, ideologically 

10 motivated criminal activity, or acts of terrorism, among 

11 inmate populations at incarceration facilities within the 

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

13 Columbia, or the United States Territories if the indi14 vidual were transferred to such a facility. 

15 (b) Section 44903(j)(2)(C) of title 49, United States 

16 Code, is amended by adding at the end the following new 

17 clause: 

18 ‘‘(v) INCLUSION OF DETAINEES ON NO FLY

19 LIST.—The Assistant Secretary, in coordination with 

20 the Terrorist Screening Center, shall include on the 

21 No Fly List any individual who was a detainee held 

22 at the Naval Station, Guantanamo Bay, Cuba, un23 less the President certifies in writing to Congress 

24 that the detainee poses no threat to the United 

25 States, its citizens, or its allies. For purposes of this 


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1 clause, the term ‘detainee’ means an individual in 

2 the custody or under the physical control of the 

3 United States as a result of armed conflict.’’. 

4 (c) None of the funds made available in this Act may 

5 be used to provide any immigration benefit (including a 

6 visa, admission into the United States, parole into the 

7 United States, or classification as a refugee or applicant 

8 for asylum) to any individual who is detained, as of April 

9 20, 2009, at Naval Station, Guantanamo Bay, Cuba. 

10 (d) Nothing in subsections (b) and (c) shall be con11 strued to prohibit a detainee held at Guantanamo Bay 

12 from being brought to the United States for prosecution. 

13 This Act may be cited as the ‘‘Department of Home14 land Security Appropriations Act, 2010’’. 


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Union Calendar No. 78 

111TH CONGRESS 

1ST SESSION H. R. 2892 

[Report No. 111–157] 

A BILL 

Making appropriations for the Department of 

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

JUNE 16, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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