In the Senate of the United States, 

July 9, 2009. 

Resolved, That the bill from the House of Representatives (H.R. 2892) entitled ‘‘An Act making appropriations for 

the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other purposes.’’, do pass 

with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Department of Homeland Security for the fiscal year end4 ing September 30, 2010, and for other purposes, namely: 
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† HR 2892 EAS 

1 TITLE I 

2 DEPARTMENTAL MANAGEMENT AND 

3 OPERATIONS 

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 For necessary expenses of the Office of the Secretary 

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

8 Homeland Security Act of 2002 (6 U.S.C. 112), and execu9 tive management of the Department of Homeland Security, 

10 as authorized by law, $149,268,000: Provided, That not to 

11 exceed $60,000 shall be for official reception and representa12 tion expenses, of which $20,000 shall be made available to 

13 the Office of Policy solely to host Visa Waiver Program ne14 gotiations in Washington, DC: Provided further, That 

15 $20,000,000 shall not be available for obligation for the Of16 fice of Policy until the Secretary submits an expenditure 

17 plan for the Office of Policy for fiscal year 2010. 

18 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

19 For necessary expenses of the Office of the Under Sec20 retary for Management, as authorized by sections 701 

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

22 U.S.C. 341 through 345), $307,690,000, of which not to ex23 ceed $3,000 shall be for official reception and representation 

24 expenses: Provided, That of the total amount, $5,000,000 

25 shall remain available until expended solely for the alter-
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1 ation and improvement of facilities, tenant improvements, 

2 and relocation costs to consolidate Department head3 quarters operations at the Nebraska Avenue Complex; and 

4 $17,131,000 shall remain available until expended for the 

5 Human Resources Information Technology program. 

6 OFFICE OF THE CHIEF FINANCIAL OFFICER

7 For necessary expenses of the Office of the Chief Finan8 cial Officer, as authorized by section 103 of the Homeland 

9 Security Act of 2002 (6 U.S.C. 113), $63,530,000, of which 

10 $11,000,000 shall remain available until expended for fi11 nancial systems consolidation efforts: Provided, That of the 

12 total amount made available under this heading, 

13 $5,000,000 shall not be obligated until the Chief Financial 

14 Officer or an individual acting in such capacity submits 

15 a financial management improvement plan that addresses 

16 the recommendations outlined in the Department of Home17 land Security Office of Inspector General report # OIG– 

18 09–72, including yearly measurable milestones, to the Com19 mittees on Appropriations of the Senate and the House of 

20 Representatives: Provided further, That the plan described 

21 in the preceding proviso shall be submitted not later than 

22 January 4, 2010. 

23 OFFICE OF THE CHIEF INFORMATION OFFICER

24 For necessary expenses of the Office of the Chief Infor25 mation Officer, as authorized by section 103 of the Home-
4 

† HR 2892 EAS 

1 land Security Act of 2002 (6 U.S.C. 113), and Department2 wide technology investments, $338,393,000; of which 

3 $86,912,000 shall be available for salaries and expenses; 

4 and of which $251,481,000, to remain available until ex5 pended, shall be available for development and acquisition 

6 of information technology equipment, software, services, 

7 and related activities for the Department of Homeland Se8 curity: Provided, That of the total amount appropriated, 

9 not less than $82,788,000 shall be available for data center 

10 development, of which not less than $38,540,145 shall be 

11 available for power capabilities upgrades at Data Center 

12 One (National Center for Critical Information Processing 

13 and Storage): Provided further, That the Chief Information 

14 Officer shall submit to the Committees on Appropriations 

15 of the Senate and the House of Representatives, not more 

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

17 expenditure plan for all information technology acquisition 

18 projects that: (1) are funded under this heading; or (2) are 

19 funded by multiple components of the Department of Home20 land Security through reimbursable agreements: Provided 

21 further, That key milestones, all funding sources for each 

22 project, details of annual and lifecycle costs, and projected 

23 cost savings or cost avoidance to be achieved by the project. 
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1 ANALYSIS AND OPERATIONS

2 For necessary expenses for intelligence analysis and 

3 operations coordination activities, as authorized by title II 

4 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

5 $347,845,000, of which not to exceed $5,000 shall be for offi6 cial reception and representation expenses; and of which 

7 $208,145,000 shall remain available until September 30, 

8 2011. 

9 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

10 COAST REBUILDING

11 For necessary expenses of the Office of the Federal Co12 ordinator for Gulf Coast Rebuilding, $2,000,000. 

13 OFFICE OF THE INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector Gen15 eral in carrying out the provisions of the Inspector General 

16 Act of 1978 (5 U.S.C. App.), $115,874,000, of which not 

17 to exceed $150,000 may be used for certain confidential 

18 operational expenses, including the payment of informants, 

19 to be expended at the direction of the Inspector General. 

20 TITLE II 

21 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

22 U.S. CUSTOMS AND BORDER PROTECTION

23 SALARIES AND EXPENSES

24 For necessary expenses for enforcement of laws relating 

25 to border security, immigration, customs, agricultural in-
6 

† HR 2892 EAS 

1 spections and regulatory activities related to plant and ani2 mal imports, and transportation of unaccompanied minor 

3 aliens; purchase and lease of up to 4,500 (4,000 for replace4 ment only) police-type vehicles; and contracting with indi5 viduals for personal services abroad; $8,075,649,000, of 

6 which $3,226,000 shall be derived from the Harbor Mainte7 nance Trust Fund for administrative expenses related to the 

8 collection of the Harbor Maintenance Fee pursuant to sec9 tion 9505(c)(3) of the Internal Revenue Code of 1986 (26 

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

11 of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 

12 of which not to exceed $45,000 shall be for official reception 

13 and representation expenses; of which not less than 

14 $309,629,000 shall be for Air and Marine Operations; of 

15 which such sums as become available in the Customs User 

16 Fee Account, except sums subject to section 13031(f)(3) of 

17 the Consolidated Omnibus Budget Reconciliation Act of 

18 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that ac19 count; of which not to exceed $150,000 shall be available 

20 for payment for rental space in connection with 

21 preclearance operations; and of which not to exceed 

22 $1,000,000 shall be for awards of compensation to inform23 ants, to be accounted for solely under the certificate of the 

24 Secretary of Homeland Security: Provided, That for fiscal 

25 year 2010, the overtime limitation prescribed in section 
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† HR 2892 EAS 

1 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 

2 267(c)(1)) shall be $35,000; and notwithstanding any other 

3 provision of law, none of the funds appropriated by this 

4 Act may be available to compensate any employee of U.S. 

5 Customs and Border Protection for overtime, from whatever 

6 source, in an amount that exceeds such limitation, except 

7 in individual cases determined by the Secretary of Home8 land Security, or the designee of the Secretary, to be nec9 essary for national security purposes, to prevent excessive 

10 costs, or in cases of immigration emergencies: Provided fur11 ther, That of the total amount provided, $1,700,000 shall 

12 remain available until September 30, 2011, for the Global 

13 Advanced Passenger Information/Passenger Name Record 

14 Program. 

15 AUTOMATION MODERNIZATION

16 For expenses for U.S. Customs and Border Protection 

17 automated systems, $462,445,000, to remain available until 

18 expended, of which not less than $267,960,000 shall be for 

19 the development of the Automated Commercial Environ20 ment: Provided, That of the total amount made available 

21 under this heading, $167,960,000 may not be obligated for 

22 the Automated Commercial Environment program until 30 

23 days after the Committees on Appropriations of the Senate 

24 and the House of Representatives receive a report on the 
8 

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1 results to date and plans for the program from the Depart2 ment of Homeland Security. 

3 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

4 TECHNOLOGY

5 For expenses for border security fencing, infrastruc6 ture, and technology, $800,000,000, to remain available 

7 until expended: Provided, That of the amount provided 

8 under this heading, $50,000,000 shall not be obligated until 

9 the Committees on Appropriations of the Senate and the 

10 House of Representatives receive a plan for expenditure, 

11 prepared by the Secretary of Homeland Security and sub12 mitted not later than 90 days after the date of the enact13 ment of this Act, for a program to establish and maintain 

14 a security barrier along the borders of the United States 

15 of fencing and vehicle barriers, where practicable, and other 

16 forms of tactical infrastructure and technology. 

17 AIR AND MARINE INTERDICTION, OPERATIONS, 

18 MAINTENANCE, AND PROCUREMENT

19 For necessary expenses for the operations, mainte20 nance, and procurement of marine vessels, aircraft, un21 manned aerial systems, and other related equipment of the 

22 air and marine program, including operational training 

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

24 the following: the interdiction of narcotics and other goods; 

25 the provision of support to Federal, State, and local agen-
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1 cies in the enforcement or administration of laws enforced 

2 by the Department of Homeland Security; and at the dis3 cretion of the Secretary of Homeland Security, the provi4 sion of assistance to Federal, State, and local agencies in 

5 other law enforcement and emergency humanitarian efforts, 

6 $515,826,000, to remain available until expended: Pro7 vided, That no aircraft or other related equipment, with 

8 the exception of aircraft that are one of a kind and have 

9 been identified as excess to U.S. Customs and Border Pro10 tection requirements and aircraft that have been damaged 

11 beyond repair, shall be transferred to any other Federal 

12 agency, department, or office outside of the Department of 

13 Homeland Security during fiscal year 2010 without the 

14 prior approval of the Committees on Appropriations of the 

15 Senate and the House of Representatives. 

16 CONSTRUCTION AND FACILITIES MANAGEMENT

17 For necessary expenses to plan, construct, renovate, 

18 equip, and maintain buildings and facilities necessary for 

19 the administration and enforcement of the laws relating to 

20 customs and immigration, $316,070,000, to remain avail21 able until expended, of which $39,700,000 shall be for the 

22 Advanced Training Center: Provided, That for fiscal year 

23 2011 and thereafter, the annual budget submission of U.S. 

24 Customs and Border Protection for ‘‘Construction and Fa25 cilities Management’’ shall, in consultation with the Gen-
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1 eral Services Administration, include a detailed 5-year 

2 plan for all Federal land border port of entry projects with 

3 a yearly update of total projected future funding needs. 

4 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

5 SALARIES AND EXPENSES

6 For necessary expenses for enforcement of immigration 

7 and customs laws, detention and removals, and investiga8 tions; and purchase and lease of up to 3,790 (2,350 for re9 placement only) police-type vehicles; $5,360,100,000, of 

10 which not to exceed $7,500,000 shall be available until ex11 pended for conducting special operations under section 3131 

12 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); 

13 of which not to exceed $15,000 shall be for official reception 

14 and representation expenses; of which not to exceed 

15 $1,000,000 shall be for awards of compensation to inform16 ants, to be accounted for solely under the certificate of the 

17 Secretary of Homeland Security; of which not less than 

18 $305,000 shall be for promotion of public awareness of the 

19 child pornography tipline and anti-child exploitation ac20 tivities; of which not less than $5,400,000 shall be used to 

21 facilitate agreements consistent with section 287(g) of the 

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

23 of which not to exceed $11,216,000 shall be available to fund 

24 or reimburse other Federal agencies for the costs associated 

25 with the care, maintenance, and repatriation of smuggled 
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† HR 2892 EAS 

1 aliens unlawfully present in the United States: Provided, 

2 That none of the funds made available under this heading 

3 shall be available to compensate any employee for overtime 

4 in an annual amount in excess of $35,000, except that the 

5 Secretary, or the designee of the Secretary, may waive that 

6 amount as necessary for national security purposes and in 

7 cases of immigration emergencies: Provided further, That 

8 of the total amount provided, $15,770,000 shall be for ac9 tivities in fiscal year 2010 to enforce laws against forced 

10 child labor, of which not to exceed $6,000,000 shall remain 

11 available until expended: Provided further, That of the total 

12 amount available, not less than $1,000,000,000 shall be 

13 available to identify aliens convicted of a crime, and who 

14 may be deportable, and to remove them from the United 

15 States once they are judged deportable: Provided further, 

16 That the Secretary, or the designee of the Secretary, shall 

17 report to the Committees on Appropriations of the Senate 

18 and the House of Representatives, at least quarterly, on 

19 progress implementing the preceding proviso, and the funds 

20 obligated during that quarter to make that progress: Pro21 vided further, That funding made available under this 

22 heading shall maintain a level of not less than 33,400 deten23 tion beds through September 30, 2010: Provided further, 

24 That of the total amount provided, not less than 

25 $2,539,180,000 is for detention and removal operations, in-
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† HR 2892 EAS 

1 cluding transportation of unaccompanied minor aliens: 

2 Provided further, That of the total amount provided, 

3 $6,800,000 shall remain available until September 30, 

4 2011, for the Visa Security Program: Provided further, 

5 That nothing under this heading shall prevent U.S. Immi6 gration and Customs Enforcement from exercising those au7 thorities provided under immigration laws (as defined in 

8 section 101(a)(17) of the Immigration and Nationality Act 

9 (8 U.S.C. 1101(a)(17))) during priority operations per10 taining to aliens convicted of a crime. 

11 AUTOMATION MODERNIZATION

12 For expenses of immigration and customs enforcement 

13 automated systems, $85,000,000, to remain available until 

14 expended: Provided, That of the funds made available under 

15 this heading, $10,000,000 shall not be obligated until the 

16 Committees on Appropriations of the Senate and the House 

17 of Representatives receive an expenditure plan prepared by 

18 the Secretary of Homeland Security. 

19 TRANSPORTATION SECURITY ADMINISTRATION

20 AVIATION SECURITY

21 For necessary expenses of the Transportation Security 

22 Administration related to providing civil aviation security 

23 services pursuant to the Aviation and Transportation Secu24 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 

25 40101 note), $5,237,828,000, to remain available until Sep-
13 

† HR 2892 EAS 

1 tember 30, 2011, of which not to exceed $10,000 shall be 

2 for official reception and representation expenses: Provided, 

3 That of the total amount made available under this head4 ing, not to exceed $4,395,195,000 shall be for screening oper5 ations, of which $1,154,775,000 shall be available for explo6 sives detection systems; and not to exceed $842,633,000 shall 

7 be for aviation security direction and enforcement: Provided 

8 further, That of the amount made available in the preceding 

9 proviso for explosives detection systems, $806,669,000 shall 

10 be available for the purchase and installation of these sys11 tems, of which not less than 28 percent shall be available 

12 for the purchase and installation of certified explosives de13 tection systems at medium- and small-sized airports: Pro14 vided further, That any award to deploy explosives detec15 tion systems shall be based on risk, the airports current reli16 ance on other screening solutions, lobby congestion resulting 

17 in increased security concerns, high injury rates, airport 

18 readiness, and increased cost effectiveness: Provided further, 

19 That security service fees authorized under section 44940 

20 of title 49, United States Code, shall be credited to this ap21 propriation as offsetting collections and shall be available 

22 only for aviation security: Provided further, That any funds 

23 collected and made available from aviation security fees 

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

25 may, notwithstanding paragraph (4) of such section 
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† HR 2892 EAS 

1 44940(i), be expended for the purpose of improving screen2 ing at airport screening checkpoints, which may include the 

3 purchase and utilization of emerging technology equipment; 

4 the refurbishment and replacement of current equipment; 

5 the installation of surveillance systems to monitor check6 point activities; the modification of checkpoint infrastruc7 ture to support checkpoint reconfigurations; and the cre8 ation of additional checkpoints to screen aviation pas9 sengers and airport personnel: Provided further, That the 

10 sum appropriated under this heading from the general fund 

11 shall be reduced on a dollar-for-dollar basis as such offset12 ting collections are received during fiscal year 2010, so as 

13 to result in a final fiscal year appropriation from the gen14 eral fund estimated at not more than $3,137,828,000: Pro15 vided further, That any security service fees collected in ex16 cess of the amount made available under this heading shall 

17 become available during fiscal year 2011: Provided further, 

18 That Members of the United States House of Representa19 tives and United States Senate, including the leadership; 

20 the heads of Federal agencies and commissions, including 

21 the Secretary, Deputy Secretary, Under Secretaries, and 

22 Assistant Secretaries of the Department of Homeland Secu23 rity; the United States Attorney General and Assistant At24 torneys General and the United States attorneys; and senior 

25 members of the Executive Office of the President, including 
15 

† HR 2892 EAS 

1 the Director of the Office of Management and Budget; shall 

2 not be exempt from Federal passenger and baggage screen3 ing. 

4 SURFACE TRANSPORTATION SECURITY

5 For necessary expenses of the Transportation Security 

6 Administration related to providing surface transportation 

7 security activities, $142,616,000, to remain available until 

8 September 30, 2011. 

9 TRANSPORTATION THREAT ASSESSMENT AND

10 CREDENTIALING

11 For necessary expenses for the development and imple12 mentation of screening programs of the Office of Transpor13 tation Threat Assessment and Credentialing, $171,999,000, 

14 to remain available until September 30, 2011. 

15 TRANSPORTATION SECURITY SUPPORT

16 For necessary expenses of the Transportation Security 

17 Administration related to providing transportation secu18 rity support and intelligence pursuant to the Aviation and 

19 Transportation Security Act (Public Law 107–71; 115 

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

21 available until September 30, 2011: Provided, That of the 

22 funds appropriated under this heading, $20,000,000 may 

23 not be obligated for headquarters administration until the 

24 Secretary of Homeland Security submits to the Committees 

25 on Appropriations of the Senate and the House of Rep-
16 

† HR 2892 EAS 

1 resentatives detailed expenditure plans for air cargo secu2 rity, and for checkpoint support and explosives detection 

3 systems refurbishment, procurement, and installations on 

4 an airport-by-airport basis for fiscal year 2010: Provided 

5 further, That these plans shall be submitted no later than 

6 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 vehicles, 

15 which shall be for replacement only; for purchase or lease 

16 of small boats for contingent and emergent requirements (at 

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

18 service-life replacements, not to exceed a total of 

19 $26,000,000; minor shore construction projects not exceed20 ing $1,000,000 in total cost at any location; payments pur21 suant to section 156 of Public Law 97–377 (42 U.S.C. 402 

22 note; 96 Stat. 1920); and recreation and welfare; 

23 $6,838,291,000, of which $581,503,000 shall be for defense24 related activities, $241,503,000 of which are designated as 

25 being for overseas deployments and other activities pursu-
17 

† HR 2892 EAS 

1 ant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 

2 (111th Congress), the concurrent resolution on the budget 

3 for fiscal year 2010; of which $24,500,000 shall be derived 

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

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

6 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000 

7 shall be for official reception and representation expenses; 

8 and of which $3,600,000 shall be available until expended 

9 for the cost of repairing, rehabilitating, altering, modifying, 

10 and making improvements, including customized tenant 

11 improvements, to any replacement or expanded Operations 

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

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

14 for administrative expenses in connection with shipping 

15 commissioners in the United States: Provided further, That 

16 none of the funds made available by this Act shall be for 

17 expenses incurred for recreational vessels under section 

18 12114 of title 46, United States Code, except to the extent 

19 fees are collected from yacht owners and credited to this 

20 appropriation: Provided further, That the Coast Guard 

21 shall comply with the requirements of section 527 of Public 

22 Law 108–136 with respect to the Coast Guard Academy: 

23 Provided further, That of the funds provided under this 

24 heading, $30,000,000 is withheld from obligation from 

25 Headquarters Directorates until the second quarter acquisi-
18 

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1 tion report required by Public Law 108–7 and the fiscal 

2 year 2008 joint explanatory statement accompanying Pub3 lic Law 110–161 is received by the Committees on Appro4 priations of the Senate and the House of Representatives. 

5 ENVIRONMENTAL COMPLIANCE AND RESTORATION

6 For necessary expenses to carry out the environmental 

7 compliance and restoration functions of the Coast Guard 

8 under chapter 19 of title 14, United States Code, 

9 $13,198,000, to remain available until expended. 

10 RESERVE TRAINING

11 For necessary expenses of the Coast Guard Reserve, as 

12 authorized by law; operations and maintenance of the re13 serve program; personnel and training costs; and equipment 

14 and services; $133,632,000. 

15 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

16 For necessary expenses of acquisition, construction, 

17 renovation, and improvement of aids to navigation, shore 

18 facilities, vessels, and aircraft, including equipment related 

19 thereto; and maintenance, rehabilitation, lease and oper20 ation of facilities and equipment, as authorized by law; 

21 $1,597,580,000, of which $20,000,000 shall be derived from 

22 the Oil Spill Liability Trust Fund to carry out the purposes 

23 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

24 U.S.C. 2712(a)(5)); of which $123,000,000 shall be avail25 able until September 30, 2014, to acquire, repair, renovate, 
19 

† HR 2892 EAS 

1 or improve vessels, small boats, and related equipment; of 

2 which $147,500,000 shall be available until September 30, 

3 2012, for other equipment; of which $27,100,000 shall be 

4 available until September 30, 2012, for shore facilities and 

5 aids to navigation facilities, including not less than 

6 $300,000 for the Coast Guard Academy Pier and not less 

7 than $16,800,000 for Coast Guard Station Cleveland Har8 bor; of which $105,200,000 shall be available for personnel 

9 compensation and benefits and related costs; and of which 

10 $1,194,780,000 shall be available until September 30, 2014, 

11 for the Integrated Deepwater Systems program: Provided, 

12 That of the funds made available for the Integrated Deep13 water Systems program, $305,500,000 is for aircraft and 

14 $734,680,000 is for surface ships: Provided further, That 

15 the Secretary of Homeland Security shall submit to the 

16 Committees on Appropriations of the Senate and the House 

17 of Representatives, in conjunction with the President’s fis18 cal year 2011 budget, a review of the Revised Deepwater 

19 Implementation Plan that identifies any changes to the 

20 plan for the fiscal year; an annual performance comparison 

21 of Integrated Deepwater Systems program assets to pre22 Deepwater legacy assets; a status report of legacy assets; 

23 a detailed explanation of how the costs of legacy assets are 

24 being accounted for within the Integrated Deepwater Sys25 tems program; and the earned value management system 
20 

† HR 2892 EAS 

1 gold card data for each Integrated Deepwater Systems pro2 gram asset: Provided further, That the Secretary shall sub3 mit to the Committees on Appropriations of the Senate and 

4 the House of Representatives a comprehensive review of the 

5 Revised Deepwater Implementation Plan every 5 years, be6 ginning in fiscal year 2011, that includes a complete projec7 tion of the acquisition costs and schedule for the duration 

8 of the plan through fiscal year 2027: Provided further, That 

9 the Secretary shall annually submit to the Committees on 

10 Appropriations of the Senate and the House of Representa11 tives, at the time that the President’s budget is submitted 

12 under section 1105(a) of title 31, United States Code, a fu13 ture-years capital investment plan for the Coast Guard that 

14 identifies for each capital budget line item— 

15 (1) the proposed appropriation included in that 

16 budget; 

17 (2) the total estimated cost of completion; 

18 (3) projected funding levels for each fiscal year 

19 for the next 5 fiscal years or until project completion, 

20 whichever is earlier; 

21 (4) an estimated completion date at the projected 

22 funding levels; and 

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

24 completion or estimated completion date from pre25 vious future-years capital investment plans submitted 
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† HR 2892 EAS 

1 to the Committees on Appropriations of the Senate 

2 and the House of Representatives: 

3 Provided further, That the Secretary shall ensure that 

4 amounts specified in the future-years capital investment 

5 plan are consistent to the maximum extent practicable with 

6 proposed appropriations necessary to support the programs, 

7 projects, and activities of the Coast Guard in the President’s 

8 budget as submitted under section 1105(a) of title 31, 

9 United States Code, for that fiscal year: Provided further, 

10 That any inconsistencies between the capital investment 

11 plan and proposed appropriations shall be identified and 

12 justified: Provided further, That subsections (a) and (b) of 

13 section 6402 of the U.S. Troop Readiness, Veterans’ Care, 

14 Katrina Recovery, and Iraq Accountability Appropriations 

15 Act, 2007 (Public Law 110–28) shall apply to fiscal year 

16 2010. 

17 ALTERATION OF BRIDGES

18 For necessary expenses for alteration or removal of ob19 structive bridges, as authorized by section 6 of the Truman20 Hobbs Act (33 U.S.C. 516), $4,000,000, to remain available 

21 until expended: Provided, That of the amounts made avail22 able under this heading, $4,000,000 shall be for the Fort 

23 Madison Bridge in Fort Madison, Iowa. 
22 

† HR 2892 EAS 

1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific research, 

3 development, test, and evaluation; and for maintenance, re4 habilitation, lease, and operation of facilities and equip5 ment; as authorized by law; $29,745,000, to remain avail6 able until expended, of which $500,000 shall be derived from 

7 the Oil Spill Liability Trust Fund to carry out the purposes 

8 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

9 U.S.C. 2712(a)(5)): Provided, That there may be credited 

10 to and used for the purposes of this appropriation funds 

11 received from State and local governments, other public au12 thorities, private sources, and foreign countries for expenses 

13 incurred for research, development, testing, and evaluation. 

14 RETIRED PAY

15 For retired pay, including the payment of obligations 

16 otherwise chargeable to lapsed appropriations for this pur17 pose, payments under the Retired Serviceman’s Family 

18 Protection and Survivor Benefits Plans, payment for career 

19 status bonuses, concurrent receipts and combat-related spe20 cial compensation under the National Defense Authoriza21 tion Act, and payments for medical care of retired per22 sonnel and their dependents under chapter 55 of title 10, 

23 United States Code, $1,361,245,000, to remain available 

24 until expended. 
23 

† HR 2892 EAS 

1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret 

4 Service, including purchase of not to exceed 652 vehicles 

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

6 only, and hire of passenger motor vehicles; purchase of mo7 torcycles made in the United States; hire of aircraft; serv8 ices of expert witnesses at such rates as may be determined 

9 by the Director of the Secret Service; rental of buildings 

10 in the District of Columbia, and fencing, lighting, guard 

11 booths, and other facilities on private or other property not 

12 in Government ownership or control, as may be necessary 

13 to perform protective functions; payment of per diem or 

14 subsistence allowances to employees where a protective as15 signment during the actual day or days of the visit of a 

16 protectee requires an employee to work 16 hours per day 

17 or to remain overnight at a post of duty; conduct of and 

18 participation in firearms matches; presentation of awards; 

19 travel of United States Secret Service employees on protec20 tive missions without regard to the limitations on such ex21 penditures in this or any other Act if approval is obtained 

22 in advance from the Committees on Appropriations of the 

23 Senate and the House of Representatives; research and de24 velopment; grants to conduct behavioral research in support 

25 of protective research and operations; and payment in ad-
24 

† HR 2892 EAS 

1 vance for commercial accommodations as may be necessary 

2 to perform protective functions; $1,482,709,000; of which 

3 not to exceed $25,000 shall be for official reception and rep4 resentation expenses; of which not to exceed $100,000 shall 

5 be to provide technical assistance and equipment to foreign 

6 law enforcement organizations in counterfeit investigations; 

7 of which $2,366,000 shall be for forensic and related support 

8 of investigations of missing and exploited children; and of 

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

10 to the investigations of missing and exploited children and 

11 shall remain available until expended: Provided, That up 

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

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

14 up to $1,000,000 for National Special Security Events shall 

15 remain available until expended: Provided further, That the 

16 United States Secret Service is authorized to obligate funds 

17 in anticipation of reimbursements from Federal agencies 

18 and entities, as defined in section 105 of title 5, United 

19 States Code, receiving training sponsored by the James J. 

20 Rowley Training Center, except that total obligations at the 

21 end of the fiscal year shall not exceed total budgetary re22 sources available under this heading at the end of the fiscal 

23 year: Provided further, That none of the funds made avail24 able under this heading shall be available to compensate 

25 any employee for overtime in an annual amount in excess 
25 

† HR 2892 EAS 

1 of $35,000, except that the Secretary of Homeland Security, 

2 or the designee of the Secretary, may waive that amount 

3 as necessary for national security purposes: Provided fur4 ther, That none of the funds appropriated to the United 

5 States Secret Service by this Act or by previous appropria6 tions Acts may be made available for the protection of the 

7 head of a Federal agency other than the Secretary of Home8 land Security: Provided further, That the Director of the 

9 United States Secret Service may enter into an agreement 

10 to perform such service on a fully reimbursable basis: Pro11 vided further, That the United States Secret Service shall 

12 open an international field office in Tallinn, Estonia to 

13 combat electronic crimes with funds made available under 

14 this heading in Public Law 110–329: Provided further, 

15 That $4,040,000 shall not be made available for obligation 

16 until enactment into law of authorizing legislation that in17 corporates the authorities of the United States Secret Serv18 ice Uniformed Division into the United States Code, includ19 ing restructuring the United States Secret Service Uni20 formed Division’s pay chart. 

21 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

22 RELATED EXPENSES

23 For necessary expenses for acquisition, construction, 

24 repair, alteration, and improvement of facilities, 

25 $3,975,000, to remain available until expended. 
26 

† HR 2892 EAS 

1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 SALARIES AND EXPENSES

6 For salaries and expenses of the Office of the Under 

7 Secretary for the National Protection and Programs Direc8 torate, support for operations, information technology, and 

9 the Office of Risk Management and Analysis, $44,577,000: 

10 Provided, That not to exceed $5,000 shall be for official re11 ception and representation expenses. 

12 INFRASTRUCTURE PROTECTION AND INFORMATION

13 SECURITY

14 For necessary expenses for infrastructure protection 

15 and information security programs and activities, as au16 thorized by title II of the Homeland Security Act of 2002 

17 (6 U.S.C. 121 et seq.), $901,416,000, of which $760,755,000 

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

19 That of the total amount provided, $20,000,000 is for nec20 essary expenses of the National Infrastructure Simulation 

21 and Analysis Center. 

22 UNITED STATES VISITOR AND IMMIGRANT STATUS

23 INDICATOR TECHNOLOGY

24 For necessary expenses for the development of the 

25 United States Visitor and Immigrant Status Indicator 
27 

† HR 2892 EAS 

1 Technology project, as authorized by section 110 of the Ille2 gal Immigration Reform and Immigrant Responsibility Act 

3 of 1996 (8 U.S.C. 1365a), $378,194,000, to remain avail4 able until expended: Provided, That of the total amount 

5 made available under this heading, $75,000,000 may not 

6 be obligated for the United States Visitor and Immigrant 

7 Status Indicator Technology project until the Committees 

8 on Appropriations of the Senate and the House of Rep9 resentatives receive a plan for expenditure prepared by the 

10 Secretary of Homeland Security not later than 90 days 

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

12 That not less than $28,000,000 of unobligated balances of 

13 prior year appropriations shall remain available and be 

14 obligated solely for implementation of a biometric air exit 

15 capability. 

16 FEDERAL PROTECTIVE SERVICE

17 The revenues and collections of security fees credited 

18 to this account shall be available until expended for nec19 essary expenses related to the protection of federally-owned 

20 and leased buildings and for the operations of the Federal 

21 Protective Service: Provided, That the Secretary of Home22 land Security and the Director of the Office of Management 

23 and Budget shall certify in writing to the Committees on 

24 Appropriations of the Senate and the House of Representa25 tives no later than December 31, 2009, that the operations 
28 

† HR 2892 EAS 

1 of the Federal Protective Service will be fully funded in fis2 cal year 2010 through revenues and collection of security 

3 fees, and shall adjust the fees to ensure fee collections are 

4 sufficient to ensure that the Federal Protective Service 

5 maintains not fewer than 1,200 full-time equivalent staff 

6 and 900 full-time equivalent Police Officers, Inspectors, 

7 Area Commanders, and Special Agents who, while working, 

8 are directly engaged on a daily basis protecting and enforc9 ing laws at Federal buildings (referred to as ‘‘in-service 

10 field staff’’). 

11 OFFICE OF HEALTH AFFAIRS

12 For necessary expenses of the Office of Health Affairs, 

13 $135,000,000, of which $30,411,000 is for salaries and ex14 penses; and of which $104,589,000 is to remain available 

15 until September 30, 2011, for biosurveillance, BioWatch, 

16 medical readiness planning, chemical response, and other 

17 activities: Provided, That not to exceed $3,000 shall be for 

18 official reception and representation expenses. 

19 FEDERAL EMERGENCY MANAGEMENT AGENCY

20 MANAGEMENT AND ADMINISTRATION

21 For necessary expenses for management and adminis22 tration of the Federal Emergency Management Agency, 

23 $859,700,000, including activities authorized by the Na24 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), 

25 the Robert T. Stafford Disaster Relief and Emergency As-
29 

† HR 2892 EAS 

1 sistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire 

2 Assistance Act of 2000 (division C, title I, 114 Stat. 583), 

3 the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

4 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. 

5 App. 2061 et seq.), sections 107 and 303 of the National 

6 Security Act of 1947 (50 U.S.C. 404, 405), Reorganization 

7 Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security 

8 Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina 

9 Emergency Management Reform Act of 2006 (Public Law 

10 109–295; 120 Stat. 1394): Provided, That not to exceed 

11 $3,000 shall be for official reception and representation ex12 penses: Provided further, That the President’s budget sub13 mitted under section 1105(a) of title 31, United States 

14 Code, shall be detailed by office for the Federal Emergency 

15 Management Agency: Provided further, That of the total 

16 amount made available under this heading, $32,500,000 

17 shall be for the Urban Search and Rescue Response System, 

18 of which not to exceed $1,600,000 may be made available 

19 for administrative costs; and $6,995,000 shall be for the Of20 fice of National Capital Region Coordination: Provided fur21 ther, That for purposes of planning, coordination, execu22 tion, and decision-making related to mass evacuation dur23 ing a disaster, the Governors of the State of West Virginia 

24 and the Commonwealth of Pennsylvania, or their designees, 

25 shall be incorporated into efforts to integrate the activities 
30 

† HR 2892 EAS 

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

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

3 107–296, the Homeland Security Act of 2002. 

4 STATE AND LOCAL PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For grants, contracts, cooperative agreements, and 

7 other activities, $3,067,200,000 shall be allocated as follows: 

8 (1) $950,000,000 shall be for the State Homeland 

9 Security Grant Program under section 2004 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 605): Pro11 vided, That of the amount provided by this para12 graph, $60,000,000 shall be for Operation 

13 Stonegarden. 

14 (2) $887,000,000 shall be for the Urban Area Se15 curity Initiative under section 2003 of the Homeland 

16 Security Act of 2002 (6 U.S.C. 604), of which, not17 withstanding subsection (c)(1) of such section, 

18 $20,000,000 shall be for grants to organizations (as 

19 described under section 501(c)(3) of the Internal Rev20 enue Code of 1986 and exempt from tax section 

21 501(a) of such code) determined by the Secretary of 

22 Homeland Security to be at high risk of a terrorist 

23 attack. 

24 (3) $35,000,000 shall be for Regional Cata25 strophic Preparedness Grants. 
31 

† HR 2892 EAS 

1 (4) $40,000,000 shall be for the Metropolitan 

2 Medical Response System under section 635 of the 

3 Post-Katrina Emergency Management Reform Act of 

4 2006 (6 U.S.C. 723). 

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

6 Program. 

7 (6) $356,000,000 shall be for Public Transpor8 tation Security Assistance, Railroad Security Assist9 ance, and Over-the-Road Bus Security Assistance 

10 under sections 1406, 1513, and 1532 of the Imple11 menting Recommendations of the 9/11 Commission 

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

13 1163, and 1182), of which not less than $25,000,000 

14 shall be for Amtrak security, and not less than 

15 $6,000,000 shall be for Over-the-Road Bus Security 

16 Assistance. 

17 (7) $350,000,000 shall be for Port Security 

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

19 (8) $50,000,000 shall be for Buffer Zone Protec20 tion Program Grants. 

21 (9) $50,000,000 shall be for Driver’s License Se22 curity Grants Program, pursuant to section 204(a) of 

23 the REAL ID Act of 2005 (division B of Public Law 

24 109–13). 
32 

† HR 2892 EAS 

1 (10) $50,000,000 shall be for the Interoperable 

2 Emergency Communications Grant Program under 

3 section 1809 of the Homeland Security Act of 2002 (6 

4 U.S.C. 579). 

5 (11) $20,000,000 shall be for grants for Emer6 gency Operations Centers under section 614 of the 

7 Robert T. Stafford Disaster Relief and Emergency As8 sistance Act (42 U.S.C. 5196c), of which no less than 

9 $1,500,000 shall be for the Ohio Emergency Manage10 ment Agency Emergency Operations Center, Colum11 bus, Ohio; no less than $1,000,000 shall be for the 

12 City of Chicago Emergency Operations Center, Chi13 cago, Illinois; no less than $600,000 shall be for the 

14 Ames Emergency Operations Center, Ames, Iowa; no 

15 less than $353,000 shall be for the County of Union 

16 Emergency Operations Center, Union County, New 

17 Jersey; no less than $300,000 shall be for the City of 

18 Hackensack Emergency Operations Center, Hacken19 sack, New Jersey; no less than $247,000 shall be for 

20 the Township of South Orange Village Emergency 

21 Operations Center, South Orange, New Jersey; no less 

22 than $1,000,000 shall be for the City of Mount Vernon 

23 Emergency Operations Center, Mount Vernon, New 

24 York; no less than $900,000 shall be for the City of 

25 Whitefish Emergency Operations Center, Whitefish, 
33 

† HR 2892 EAS 

1 Montana; no less than $1,000,000 shall be for the Lin2 coln County Emergency Operations Center, Lincoln 

3 County, Washington; no less than $980,000 shall be 

4 for the City of Providence Emergency Operations 

5 Center, Providence, Rhode Island; no less than 

6 $980,000 for the North Louisiana Regional Emer7 gency Operations Center, Lincoln Parish, Louisiana; 

8 and no less than $900,000 for the City of North Little 

9 Rock Emergency Operations Center, North Little 

10 Rock, Arkansas. 

11 (12) $264,200,000 shall be for training, exercises, 

12 technical assistance, and other programs, of which— 

13 (A) $164,500,000 is for purposes of training 

14 in accordance with section 1204 of the Imple15 menting Recommendations of the 9/11 Commis16 sion Act of 2007 (6 U.S.C. 1102), of which 

17 $62,500,000 shall be for the Center for Domestic 

18 Preparedness; $23,000,000 shall be for the Na19 tional Energetic Materials Research and Testing 

20 Center, New Mexico Institute of Mining and 

21 Technology; $23,000,000 shall be for the National 

22 Center for Biomedical Research and Training, 

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

24 for the National Emergency Response and Res25 cue Training Center, Texas A&M University; 
34 

† HR 2892 EAS 

1 $23,000,000 shall be for the National Exercise, 

2 Test, and Training Center, Nevada Test Site; 

3 $5,000,000 shall be for the Transportation Tech4 nology Center, Incorporated, in Pueblo, Colo5 rado; and $5,000,000 shall be for the Natural 

6 Disaster Preparedness Training Center, Univer7 sity of Hawaii, Honolulu, Hawaii; and 

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

9 Counterterrorism and Cyber Crime, Norwich 

10 University, Northfield, Vermont: 

11 Provided, That 4.1 percent of the amounts provided under 

12 this heading shall be transferred to the Federal Emergency 

13 Management Agency ‘‘Management and Administration’’ 

14 account for program administration, and an expenditure 

15 plan for program administration shall be provided to the 

16 Committees on Appropriations of the Senate and the House 

17 of Representatives within 60 days of the date of enactment 

18 of this Act: Provided further, That, notwithstanding section 

19 2008(a)(11) of the Homeland Security Act of 2002 (6 

20 U.S.C. 609(a)(11)), or any other provision of law, a grantee 

21 may use not more than 5 percent of the amount of a grant 

22 made available under this heading for expenses directly re23 lated to administration of the grant: Provided further, That 

24 for grants under paragraphs (1) through (5), the applica25 tions for grants shall be made available to eligible appli-
35 

† HR 2892 EAS 

1 cants not later than 25 days after the date of enactment 

2 of this Act, that eligible applicants shall submit applica3 tions not later than 90 days after the grant announcement, 

4 and that the Administrator of the Federal Emergency Man5 agement Agency shall act within 90 days after receipt of 

6 an application: Provided further, That for grants under 

7 paragraphs (6) through (10), the applications for grants 

8 shall be made available to eligible applicants not later than 

9 30 days after the date of enactment of this Act, that eligible 

10 applicants shall submit applications within 45 days after 

11 the grant announcement, and that the Federal Emergency 

12 Management Agency shall act not later than 60 days after 

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

14 under paragraphs (1) and (2), the installation of commu15 nications towers is not considered construction of a building 

16 or other physical facility: Provided further, That grantees 

17 shall provide reports on their use of funds, as determined 

18 necessary by the Secretary: Provided further, That (a) the 

19 Center for Domestic Preparedness may provide training to 

20 emergency response providers from the Federal Government, 

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

22 Domestic Preparedness is reimbursed for the cost of such 

23 training, and any reimbursement under this subsection 

24 shall be credited to the account from which the expenditure 

25 being reimbursed was made and shall be available, without 
36 

† HR 2892 EAS 

1 fiscal year limitation, for the purposes for which amounts 

2 in the account may be expended, (b) the head of the Center 

3 for Domestic Preparedness shall ensure that any training 

4 provided under (a) does not interfere with the primary mis5 sion of the Center to train State and local emergency re6 sponse providers. 

7 FIREFIGHTER ASSISTANCE GRANTS

8 For necessary expenses for programs authorized by the 

9 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

10 2201 et seq.), $800,000,000, of which $380,000,000 shall be 

11 available to carry out section 33 of that Act (15 U.S.C. 

12 2229) and $420,000,000 shall be available to carry out sec13 tion 34 of that Act (15 U.S.C. 2229a), to remain available 

14 until September 30, 2010: Provided, That 5 percent of the 

15 amount available under this heading shall be for program 

16 administration, and an expenditure plan for program ad17 ministration shall be provided to the Committees on Appro18 priations of the Senate and the House of Representatives 

19 within 60 days of the date of enactment of this Act. 

20 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

21 For necessary expenses for emergency management 

22 performance grants, as authorized by the National Flood 

23 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert 

24 T. Stafford Disaster Relief and Emergency Assistance Act 

25 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc-
37 

† HR 2892 EAS 

1 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza2 tion Plan No. 3 of 1978 (5 U.S.C. App.), $350,000,000: Pro3 vided, That total administrative costs shall be 3 percent of 

4 the total amount appropriated under this heading. 

5 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

6 The aggregate charges assessed during fiscal year 2010, 

7 as authorized in title III of the Departments of Veterans 

8 Affairs and Housing and Urban Development, and Inde9 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

10 5196e), shall not be less than 100 percent of the amounts 

11 anticipated by the Department of Homeland Security nec12 essary for its radiological emergency preparedness program 

13 for the next fiscal year: Provided, That the methodology for 

14 assessment and collection of fees shall be fair and equitable 

15 and shall reflect costs of providing such services, including 

16 administrative costs of collecting such fees: Provided fur17 ther, That fees received under this heading shall be deposited 

18 in this account as offsetting collections and will become 

19 available for authorized purposes on October 1, 2010, and 

20 remain available until expended. 

21 UNITED STATES FIRE ADMINISTRATION

22 For necessary expenses of the United States Fire Ad23 ministration and for other purposes, as authorized by the 

24 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
38 

† HR 2892 EAS 

1 2201 et seq.) and the Homeland Security Act of 2002 (6 

2 U.S.C. 101 et seq.), $45,588,000. 

3 DISASTER RELIEF

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses in carrying out the Robert T. 

6 Stafford Disaster Relief and Emergency Assistance Act (42 

7 U.S.C. 5121 et seq.), $1,456,866,000, to remain available 

8 until expended: Provided, That the Federal Emergency 

9 Management Agency shall submit an expenditure plan to 

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives detailing the use of the funds for 

12 disaster readiness and support within 60 days after the date 

13 of enactment of this Act: Provided further, That the Federal 

14 Emergency Management Agency shall provide a quarterly 

15 report detailing obligations against the expenditure plan 

16 and a justification for any changes in spending: Provided 

17 further, That not later than 60 days after the date of enact18 ment of this Act, the Administrator of the Federal Emer19 gency Management Agency shall submit a report to the 

20 Committee on Appropriations of the Senate, the Committee 

21 on Appropriations of the House of Representatives and the 

22 Committee on Homeland Security and Governmental Af23 fairs of the Senate that includes (1) a plan for the acquisi24 tion of alternative temporary housing units, and (2) proce25 dures for expanding repair of existing multi-family rental 
39 

† HR 2892 EAS 

1 housing units authorized under section 689i(a) of the Post2 Katrina Emergency Management Reform Act of 2006 (6 

3 U.S.C. 776(a)), semi-permanent, or permanent housing op4 tions: Provided further, That of the total amount provided, 

5 $16,000,000 shall be transferred to the Department of 

6 Homeland Security Office of Inspector General for audits 

7 and investigations related to disasters, subject to section 503 

8 of this Act: Provided further, That up to $50,000,000 may 

9 be transferred to Federal Emergency Management Agency 

10 ‘‘Management and Administration’’ for management and 

11 administration functions: Provided further, That the 

12 amount provided in the previous proviso shall not be avail13 able for transfer to ‘‘Management and Administration’’ 

14 until the Federal Emergency Management Agency submits 

15 an implementation plan to the Committees on Appropria16 tions of the Senate and the House of Representatives: Pro17 vided further, That the Federal Emergency Management 

18 Agency shall submit the monthly ‘‘Disaster Relief’’ report, 

19 as specified in Public Law 110–161, to the Committees on 

20 Appropriations of the Senate and the House of Representa21 tives, and include the amounts provided to each Federal 

22 agency for mission assignments: Provided further, That for 

23 any request for reimbursement from a Federal agency to 

24 the Department of Homeland Security to cover expenditures 

25 under the Robert T. Stafford Disaster Relief and Emer-
40 

† HR 2892 EAS 

1 gency Assistance Act (42 U.S.C. 5121 et seq.), or any mis2 sion assignment orders issued by the Department for such 

3 purposes, the Secretary of Homeland Security shall take ap4 propriate steps to ensure that each agency is periodically 

5 reminded of Department policies on— 

6 (1) the detailed information required in sup7 porting documentation for reimbursements; and 

8 (2) the necessity for timeliness of agency billings. 

9 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

10 For activities under section 319 of the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act (42 

12 U.S.C. 5162), $295,000 is for the cost of direct loans: Pro13 vided, That gross obligations for the principal amount of 

14 direct loans shall not exceed $25,000,000: Provided further, 

15 That the cost of modifying such loans shall be as defined 

16 in section 502 of the Congressional Budget Act of 1974 (2 

17 U.S.C. 661a). 

18 FLOOD MAP MODERNIZATION FUND

19 For necessary expenses under section 1360 of the Na20 tional Flood Insurance Act of 1968 (42 U.S.C. 4101), 

21 $220,000,000, and such additional sums as may be pro22 vided by State and local governments or other political sub23 divisions for cost-shared mapping activities under section 

24 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 

25 available until expended: Provided, That total administra-
41 

† HR 2892 EAS 

1 tive costs shall not exceed 3 percent of the total amount ap2 propriated under this heading. 

3 NATIONAL FLOOD INSURANCE FUND

4 For activities under the National Flood Insurance Act 

5 of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster 

6 Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

7 $159,469,000, which shall be derived from offsetting collec8 tions assessed and collected under section 1308(d) of the Na9 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 

10 which is available as follows: (1) not to exceed $52,149,000 

11 for salaries and expenses associated with flood mitigation 

12 and flood insurance operations; and (2) no less than 

13 $107,320,000 for flood plain management and flood map14 ping, which shall remain available until September 30, 

15 2011: Provided, That any additional fees collected pursuant 

16 to section 1308(d) of the National Flood Insurance Act of 

17 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 

18 collection to this account, to be available for flood plain 

19 management and flood mapping: Provided further, That in 

20 fiscal year 2010, no funds shall be available from the Na21 tional Flood Insurance Fund under section 1310 of that Act 

22 (42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating 

23 expenses; (2) $969,370,000 for commissions and taxes of 

24 agents; (3) such sums as are necessary for interest on Treas25 ury borrowings; and (4) $120,000,000, which shall remain 
42 

† HR 2892 EAS 

1 available until expended for flood mitigation actions, of 

2 which $70,000,000 is for severe repetitive loss properties 

3 under section 1361A of the National Flood Insurance Act 

4 of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for re5 petitive insurance claims properties under section 1323 of 

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

7 and of which $40,000,000 is for flood mitigation assistance 

8 under section 1366 of the National Flood Insurance Act of 

9 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs 

10 (B) and (C) of subsection (b)(3) and subsection (f) of section 

11 1366 of the National Flood Insurance Act of 1968 (42 

12 U.S.C. 4104c) and notwithstanding subsection (a)(7) of sec13 tion 1310 of the National Flood Insurance Act of 1968 (42 

14 U.S.C. 4017): Provided further, That amounts collected 

15 under section 102 of the Flood Disaster Protection Act of 

16 1973 and section 1366(i) of the National Flood Insurance 

17 Act of 1968 shall be deposited in the National Flood Insur18 ance Fund to supplement other amounts specified as avail19 able for section 1366 of the National Flood Insurance Act 

20 of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 4104c(i), 

21 and 4104d(b)(2)–(3): Provided further, That total adminis22 trative costs shall not exceed 4 percent of the total appro23 priation. 
43 

† HR 2892 EAS 

1 NATIONAL PREDISASTER MITIGATION FUND

2 For the predisaster mitigation grant program under 

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

4 Emergency Assistance Act (42 U.S.C. 5133), $120,000,000, 

5 to remain available until expended: Provided, That the total 

6 administrative costs associated with such grants shall not 

7 exceed 3 percent of the total amount made available under 

8 this heading. 

9 EMERGENCY FOOD AND SHELTER

10 To carry out the emergency food and shelter program 

11 pursuant to title III of the McKinney-Vento Homeless As12 sistance Act (42 U.S.C. 11331 et seq.), $175,000,000, to re13 main available until expended: Provided, That total admin14 istrative costs shall not exceed 3.5 percent of the total 

15 amount made available under this heading. 

16 TITLE IV 

17 RESEARCH AND DEVELOPMENT, TRAINING, AND 

18 SERVICES 

19 UNITED STATES CITIZENSHIP AND IMMIGRATION

20 SERVICES

21 For necessary expenses for citizenship and immigra22 tion services, $135,700,000, of which $5,000,000 is for the 

23 processing of military naturalization applications and 

24 $118,500,000 is for the E-Verify program to assist United 

25 States employers with maintaining a legal workforce: Pro-
44 

† HR 2892 EAS 

1 vided, That of the amount provided for the E-Verify pro2 gram, $10,000,000 is available until expended for E-Verify 

3 process and system enhancements: Provided further, That 

4 notwithstanding any other provision of law, funds available 

5 to United States Citizenship and Immigration Services 

6 may be used to acquire, operate, equip, dispose of and re7 place up to five vehicles, of which two are for replacement 

8 only, for areas where the Administrator of General Services 

9 does not provide vehicles for lease: Provided further, That 

10 the Director of United States Citizenship and Immigration 

11 Services may authorize employees who are assigned to those 

12 areas to use such vehicles between the employees’ residences 

13 and places of employment. 

14 FEDERAL LAW ENFORCEMENT TRAINING CENTER

15 For necessary expenses of the Federal Law Enforce16 ment Training Center, including materials and support 

17 costs of Federal law enforcement basic training; the pur18 chase of not to exceed 117 vehicles for police-type use and 

19 hire of passenger motor vehicles; expenses for student ath20 letic and related activities; the conduct of and participation 

21 in firearms matches and presentation of awards; public 

22 awareness and enhancement of community support of law 

23 enforcement training; room and board for student interns; 

24 a flat monthly reimbursement to employees authorized to 

25 use personal mobile phones for official duties; and services 
45 

† HR 2892 EAS 

1 as authorized by section 3109 of title 5, United States Code; 

2 $244,356,000, of which up to $47,751,000 shall remain 

3 available until September 30, 2011, for materials and sup4 port costs of Federal law enforcement basic training; of 

5 which $300,000 shall remain available until expended for 

6 Federal law enforcement agencies participating in training 

7 accreditation, to be distributed as determined by the Fed8 eral Law Enforcement Training Center for the needs of par9 ticipating agencies; and of which not to exceed $12,000 shall 

10 be for official reception and representation expenses: Pro11 vided, That the Center is authorized to obligate funds in 

12 anticipation of reimbursements from agencies receiving 

13 training sponsored by the Center, except that total obliga14 tions at the end of the fiscal year shall not exceed total budg15 etary resources available at the end of the fiscal year: Pro16 vided further, That section 1202(a) of Public Law 107–206 

17 (42 U.S.C. 3771 note), as amended by Public Law 110– 

18 329 (122 Stat. 3677), is further amended by striking ‘‘De19 cember 31, 2011’’ and inserting ‘‘December 31, 2012’’: Pro20 vided further, That the Federal Law Enforcement Training 

21 Accreditation Board, including representatives from the 

22 Federal law enforcement community and non-Federal ac23 creditation experts involved in law enforcement training, 

24 shall lead the Federal law enforcement training accredita25 tion process to continue the implementation of measuring 
46 

† HR 2892 EAS 

1 and assessing the quality and effectiveness of Federal law 

2 enforcement training programs, facilities, and instructors: 

3 Provided further, That the Director of the Federal Law En4 forcement Training Center shall schedule basic or advanced 

5 law enforcement training, or both, at all four training fa6 cilities under the control of the Federal Law Enforcement 

7 Training Center to ensure that such training facilities are 

8 operated at the highest capacity throughout the fiscal year. 

9 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

10 RELATED EXPENSES

11 For acquisition of necessary additional real property 

12 and facilities, construction, and ongoing maintenance, fa13 cility improvements, and related expenses of the Federal 

14 Law Enforcement Training Center, $43,456,000, to remain 

15 available until expended: Provided, That the Center is au16 thorized to accept reimbursement to this appropriation 

17 from government agencies requesting the construction of 

18 special use facilities. 

19 SCIENCE AND TECHNOLOGY

20 MANAGEMENT AND ADMINISTRATION

21 For salaries and expenses of the Office of the Under 

22 Secretary for Science and Technology and for management 

23 and administration of programs and activities, as author24 ized by title III of the Homeland Security Act of 2002 (6 

25 U.S.C. 181 et seq.), $143,200,000: Provided, That not to 
47 

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1 exceed $10,000 shall be for official reception and representa2 tion expenses. 

3 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

4 For necessary expenses for science and technology re5 search, including advanced research projects; development; 

6 test and evaluation; acquisition; and operations; as author7 ized by title III of the Homeland Security Act of 2002 (6 

8 U.S.C. 181 et seq.); $851,729,000, to remain available until 

9 September 30, 2011: Provided, That not less than 

10 $20,865,000 shall be available for the Southeast Region Re11 search Initiative at the Oak Ridge National Laboratory: 

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

13 available for Distributed Environment for Critical Infra14 structure Decisionmaking Exercises: Provided further, That 

15 not less than $12,000,000 is for construction expenses of the 

16 Pacific Northwest National Laboratory: Provided further, 

17 That not less than $2,000,000 shall be for the Cincinnati 

18 Urban Area partnership established through the Regional 

19 Technology Integration Initiative: Provided further, That 

20 not less than $36,312,000 shall be for the National Bio and 

21 Agro-defense Facility. 

22 DOMESTIC NUCLEAR DETECTION OFFICE

23 MANAGEMENT AND ADMINISTRATION

24 For salaries and expenses of the Domestic Nuclear De25 tection Office as authorized by title XIX of the Homeland 
48 

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1 Security Act of 2002 (6 U.S.C. 591 et seq.) for management 

2 and administration of programs and activities, 

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

4 for official reception and representation expenses. 

5 RESEARCH, DEVELOPMENT, AND OPERATIONS

6 For necessary expenses for radiological and nuclear re7 search, development, testing, evaluation, and operations, 

8 $326,537,000, to remain available until September 30, 

9 2011. 

10 SYSTEMS ACQUISITION

11 For expenses for the Domestic Nuclear Detection Office 

12 acquisition and deployment of radiological detection sys13 tems in accordance with the global nuclear detection archi14 tecture, $10,000,000, to remain available until September 

15 30, 2011: Provided, That none of the funds appropriated 

16 under this heading in this Act or any other Act shall be 

17 obligated for full-scale procurement of Advanced 

18 Spectroscopic Portal monitors until the Secretary of Home19 land Security submits to the Committees on Appropriations 

20 of the Senate and the House of Representatives a report cer21 tifying that a significant increase in operational effective22 ness will be achieved: Provided further, That the Secretary 

23 shall submit separate and distinct certifications prior to the 

24 procurement of Advanced Spectroscopic Portal monitors for 

25 primary and secondary deployment that address the unique 
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1 requirements for operational effectiveness of each type of de2 ployment: Provided further, That the Secretary shall con3 tinue to consult with the National Academy of Sciences be4 fore making such certifications: Provided further, That none 

5 of the funds appropriated under this heading shall be used 

6 for high-risk concurrent development and production of mu7 tually dependent software and hardware. 

8 TITLE V 

9 GENERAL PROVISIONS 

10 (INCLUDING RESCISSIONS OF FUNDS)

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

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

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

15 of this Act, the unexpended balances of prior appropriations 

16 provided for activities in this Act may be transferred to 

17 appropriation accounts for such activities established pur18 suant to this Act, may be merged with funds in the applica19 ble established accounts, and thereafter may be accounted 

20 for as one fund for the same time period as originally en21 acted. 

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

23 provided by previous appropriations Acts to the agencies 

24 in or transferred to the Department of Homeland Security 

25 that remain available for obligation or expenditure in fiscal 
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1 year 2010, or provided from any accounts in the Treasury 

2 of the United States derived by the collection of fees avail3 able to the agencies funded by this Act, shall be available 

4 for obligation or expenditure through a reprogramming of 

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

6 (2) eliminates a program, project, office, or activity; (3) in7 creases funds for any program, project, or activity for which 

8 funds have been denied or restricted by the Congress; (4) 

9 proposes to use funds directed for a specific activity by ei10 ther of the Committees on Appropriations of the Senate or 

11 the House of Representatives for a different purpose; or (5) 

12 contracts out any function or activity for which funding 

13 levels were requested for Federal full-time equivalents in the 

14 object classification tables contained in the fiscal year 2010 

15 Budget Appendix for the Department of Homeland Secu16 rity, as modified by the explanatory statement accom17 panying this Act, unless the Committees on Appropriations 

18 of the Senate and the House of Representatives are notified 

19 15 days in advance of such reprogramming of funds. 

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

21 by previous appropriations Acts to the agencies in or trans22 ferred to the Department of Homeland Security that remain 

23 available for obligation or expenditure in fiscal year 2010, 

24 or provided from any accounts in the Treasury of the 

25 United States derived by the collection of fees or proceeds 
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1 available to the agencies funded by this Act, shall be avail2 able for obligation or expenditure for programs, projects, 

3 or activities through a reprogramming of funds in excess 

4 of $5,000,000 or 10 percent, whichever is less, that: (1) aug5 ments existing programs, projects, or activities; (2) reduces 

6 by 10 percent funding for any existing program, project, 

7 or activity, or numbers of personnel by 10 percent as ap8 proved by the Congress; or (3) results from any general sav9 ings from a reduction in personnel that would result in a 

10 change in existing programs, projects, or activities as ap11 proved by the Congress, unless the Committees on Appro12 priations of the Senate and the House of Representatives 

13 are notified 15 days in advance of such reprogramming of 

14 funds. 

15 (c) Not to exceed 5 percent of any appropriation made 

16 available for the current fiscal year for the Department of 

17 Homeland Security by this Act or provided by previous ap18 propriations Acts may be transferred between such appro19 priations, but no such appropriation, except as otherwise 

20 specifically provided, shall be increased by more than 10 

21 percent by such transfers: Provided, That any transfer 

22 under this section shall be treated as a reprogramming of 

23 funds under subsection (b) and shall not be available for 

24 obligation unless the Committees on Appropriations of the 
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1 Senate and the House of Representatives are notified 15 

2 days in advance of such transfer. 

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

4 this section, no funds shall be reprogrammed within or 

5 transferred between appropriations after June 30, except in 

6 extraordinary circumstances that imminently threaten the 

7 safety of human life or the protection of property. 

8 SEC. 504. The Department of Homeland Security 

9 Working Capital Fund, established pursuant to section 403 

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

11 operations as a permanent working capital fund for fiscal 

12 year 2010: Provided, That none of the funds appropriated 

13 or otherwise made available to the Department of Home14 land Security may be used to make payments to the Work15 ing Capital Fund, except for the activities and amounts al16 lowed in the President’s fiscal year 2010 budget: Provided 

17 further, That funds provided to the Working Capital Fund 

18 shall be available for obligation until expended to carry out 

19 the purposes of the Working Capital Fund: Provided fur20 ther, That all departmental components shall be charged 

21 only for direct usage of each Working Capital Fund service: 

22 Provided further, That funds provided to the Working Cap23 ital Fund shall be used only for purposes consistent with 

24 the contributing component: Provided further, That such 

25 fund shall be paid in advance or reimbursed at rates which 
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1 will return the full cost of each service: Provided further, 

2 That the Working Capital Fund shall be subject to the re3 quirements of section 503 of this Act. 

4 SEC. 505. Except as otherwise specifically provided by 

5 law, not to exceed 50 percent of unobligated balances re6 maining available at the end of fiscal year 2010 from ap7 propriations for salaries and expenses for fiscal year 2010 

8 in this Act shall remain available through September 30, 

9 2011, in the account and for the purposes for which the 

10 appropriations were provided: Provided, That prior to the 

11 obligation of such funds, a request shall be submitted to the 

12 Committees on Appropriations of the Senate and the House 

13 of Representatives for approval in accordance with section 

14 503 of this Act. 

15 SEC. 506. Funds made available by this Act for intel16 ligence activities are deemed to be specifically authorized 

17 by the Congress for purposes of section 504 of the National 

18 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

19 2010 until the enactment of an Act authorizing intelligence 

20 activities for fiscal year 2010. 

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

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

23 grant award, discretionary contract award, Other Trans24 action Agreement, or to issue a letter of intent totaling in 

25 excess of $1,000,000, or to announce publicly the intention 
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1 to make such an award, including a contract covered by 

2 the Federal Acquisition Regulation, unless the Secretary of 

3 Homeland Security notifies the Committees on Appropria4 tions of the Senate and the House of Representatives at least 

5 3 full business days in advance of making such an award 

6 or issuing such a letter: Provided, That if the Secretary of 

7 Homeland Security determines that compliance with this 

8 section would pose a substantial risk to human life, health, 

9 or safety, an award may be made without notification and 

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives shall be notified not later than 

12 5 full business days after such an award is made or letter 

13 issued: Provided further, That no notification shall involve 

14 funds that are not available for obligation: Provided fur15 ther, That the notification shall include the amount of the 

16 award, the fiscal year in which the funds for the award 

17 were appropriated, and the account from which the funds 

18 are being drawn: Provided further, That the Federal Emer19 gency Management Agency shall brief the Committees on 

20 Appropriations of the Senate and the House of Representa21 tives 5 full business days in advance of announcing publicly 

22 the intention of making an award under the State Home23 land Security Grant Program; Urban Area Security Initia24 tive; and the Regional Catastrophic Preparedness Grant 

25 Program. 
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1 SEC. 508. Notwithstanding any other provision of law, 

2 no agency shall purchase, construct, or lease any additional 

3 facilities, except within or contiguous to existing locations, 

4 to be used for the purpose of conducting Federal law enforce5 ment training without the advance approval of the Commit6 tees on Appropriations of the Senate and the House of Rep7 resentatives, except that the Federal Law Enforcement 

8 Training Center is authorized to obtain the temporary use 

9 of additional facilities by lease, contract, or other agreement 

10 for training which cannot be accommodated in existing 

11 Center facilities. 

12 SEC. 509. None of the funds appropriated or otherwise 

13 made available by this Act may be used for expenses for 

14 any construction, repair, alteration, or acquisition project 

15 for which a prospectus otherwise required under chapter 33 

16 of title 40, United States Code, has not been approved, ex17 cept that necessary funds may be expended for each project 

18 for required expenses for the development of a proposed pro19 spectus. 

20 SEC. 510. Sections 519, 520, 528, and 531 of the De21 partment of Homeland Security Appropriations Act, 2008 

22 (division E of Public Law 110–161; 121 Stat. 2073, 2074) 

23 shall apply with respect to funds made available in this 

24 Act in the same manner as such sections applied to funds 

25 made available in that Act. 
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1 SEC. 511. None of the funds in this Act may be used 

2 in contravention of the applicable provisions of the Buy 

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

4 SEC. 512. None of the funds provided by this or pre5 vious appropriations Acts may be obligated for deployment 

6 or implementation of the Secure Flight program or any 

7 other follow-on or successor passenger screening program 

8 that: (1) utilizes or tests algorithms assigning risk to pas9 sengers whose names are not on Government watch lists; 

10 or (2) uses data or a database that is obtained from or re11 mains under the control of a non-Federal entity: Provided, 

12 That this restriction shall not apply to Passenger Name 

13 Record data obtained from air carriers. 

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

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

16 by section 337 of the Immigration and Nationality Act (8 

17 U.S.C. 1448). 

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

19 may be used to process or approve a competition under Of20 fice of Management and Budget Circular A–76 for services 

21 provided as of June 1, 2004, by employees (including em22 ployees serving on a temporary or term basis) of United 

23 States Citizenship and Immigration Services of the Depart24 ment of Homeland Security who are known as of that date 
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1 as Immigration Information Officers, Contact Representa2 tives, or Investigative Assistants. 

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

4 Security (Transportation Security Administration) shall 

5 work with air carriers and airports to ensure that the 

6 screening of cargo carried on passenger aircraft, as defined 

7 in section 44901(g)(5) of title 49, United States Code, in8 creases incrementally each quarter until the requirement of 

9 section 44901(g)(2)(B) of title 49 are met. 

10 (b) Not later than 45 days after the end of each quar11 ter, the Assistant Secretary shall submit to the Committees 

12 on Appropriations of the Senate and the House of Rep13 resentatives a report on air cargo inspection statistics by 

14 airport and air carrier detailing the incremental progress 

15 being made to meet the requirement of section 

16 44901(g)(2)(B) of title 49, United States Code. 

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

18 49, United States Code, funds appropriated or transferred 

19 to Transportation Security Administration ‘‘Aviation Se20 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

21 Support’’ for fiscal years 2004, 2005, 2006, 2007, and 2008 

22 that are recovered or deobligated shall be available only for 

23 the procurement or installation of explosives detection sys24 tems, for air cargo, baggage, and checkpoint screening sys25 tems, subject to notification: Provided, That quarterly re-
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1 ports shall be submitted to the Committees on Appropria2 tions of the Senate and the House of Representatives on any 

3 funds that are recovered or deobligated. 

4 SEC. 517. Any funds appropriated to United States 

5 Coast Guard, ‘‘Acquisition, Construction, and Improve6 ments’’ for fiscal years 2002, 2003, 2004, 2005, and 2006 

7 for the 110–123 foot patrol boat conversion that are recov8 ered, collected, or otherwise received as the result of negotia9 tion, mediation, or litigation, shall be available until ex10 pended for the Replacement Patrol Boat (FRC–B) program. 

11 SEC. 518. (a)(1) Except as provided in paragraph (2), 

12 none of the funds provided in this or any other Act shall 

13 be available to commence or continue operations of the Na14 tional Applications Office until— 

15 (A) the Secretary certifies that: (i) National Ap16 plications Office programs comply with all existing 

17 laws, including all applicable privacy and civil lib18 erties standards; and, (ii) that clear definitions of all 

19 proposed domains are established and are auditable; 

20 (B) the Comptroller General of the United States 

21 notifies the Committees on Appropriations of the Sen22 ate and the House of Representatives and the Sec23 retary that the Comptroller has reviewed such certifi24 cation; and 
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1 (C) the Secretary notifies the Committees of all 

2 funds to be expended on the National Applications 

3 Office pursuant to section 503 of this Act. 

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

5 use of funds for activities substantially similar to such ac6 tivities conducted by the Department of the Interior as set 

7 forth in the 1975 charter for the Civil Applications Com8 mittee under the provisions of law codified at section 31 

9 of title 43, United States Code. 

10 (b) The Inspector General shall provide to the Commit11 tees on Appropriations of the Senate and the House of Rep12 resentatives a classified report on a quarterly basis con13 taining a review of the data collected by the National Appli14 cations Office, including a description of the collection pur15 poses and the legal authority under which the collection ac16 tivities were authorized: Provided, That the report shall also 

17 include a listing of all data collection activities carried out 

18 on behalf of the National Applications Office by any compo19 nent of the National Guard. 

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

21 Act shall be available to commence operations of the Na22 tional Immigration Information Sharing Operation until 

23 the Secretary certifies that such program complies with all 

24 existing laws, including all applicable privacy and civil lib25 erties standards, the Comptroller General of the United 
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1 States notifies the Committees on Appropriations of the 

2 Senate and the House of Representatives and the Secretary 

3 that the Comptroller has reviewed such certification, and 

4 the Secretary notifies the Committees on Appropriations of 

5 the Senate and the House of Representatives of all funds 

6 to be expended on the National Immigration Information 

7 Sharing Operation pursuant to section 503. 

8 SEC. 519. Within 45 days after the close of each month, 

9 the Chief Financial Officer of the Department of Homeland 

10 Security shall submit to the Committees on Appropriations 

11 of the Senate and the House of Representatives a monthly 

12 budget and staffing report that includes total obligations, 

13 on-board versus funded full-time equivalent staffing levels, 

14 and the number of contract employees by office. 

15 SEC. 520. Section 532(a) of Public Law 109–295 (120 

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

17 ‘‘2010’’. 

18 SEC. 521. The functions of the Federal Law Enforce19 ment Training Center instructor staff shall be classified as 

20 inherently governmental for the purpose of the Federal Ac21 tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note). 

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

23 any other Act may be obligated for the development, testing, 

24 deployment, or operation of any portion of a human re25 sources management system authorized by 5 U.S.C. 
61 

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1 9701(a), or by regulations prescribed pursuant to such sec2 tion, for an employee as defined in 5 U.S.C. 7103(a)(2). 

3 (b) The Secretary of Homeland Security shall collabo4 rate with employee representatives in the manner prescribed 

5 in 5 U.S.C. 9701(e), in the planning, testing, and develop6 ment of any portion of a human resources management sys7 tem that is developed, tested, or deployed for persons ex8 cluded from the definition of employee as that term is de9 fined in 5 U.S.C. 7103(a)(2). 

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

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

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

13 Homeland Security (Transportation Security Administra14 tion) reverses the determination of July 19, 2007, that bu15 tane lighters are not a significant threat to civil aviation 

16 security. 

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

18 used to alter operations within the Civil Engineering Pro19 gram of the Coast Guard nationwide, including civil engi20 neering units, facilities design and construction centers, 

21 maintenance and logistics commands, and the Coast Guard 

22 Academy, except that none of the funds provided in this 

23 Act may be used to reduce operations within any Civil En24 gineering Unit unless specifically authorized by a statute 

25 enacted after the date of the enactment of this Act. 
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1 SEC. 525. (a) Except as provided in subsection (b), 

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

3 to the Office of the Secretary and Executive Management, 

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

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

6 a grant or contract funded under such headings by a means 

7 other than full and open competition. 

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

9 for a contract awarded— 

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

11 statute, including obligation for a purchase made 

12 under a mandated preferential program, such as the 

13 AbilityOne Program, that is authorized under the 

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

15 (2) under the Small Business Act (15 U.S.C. 631 

16 et seq.); 

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

19 Federal Property and Administrative Services Act of 

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

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

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

24 Homeland Security may waive the application of this sec25 tion for the award of a contract in the interest of national 
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1 security or if failure to do so would pose a substantial risk 

2 to human health or welfare. 

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

4 Secretary of Homeland Security issues a waiver under this 

5 subsection, the Secretary shall submit notification of that 

6 waiver to the Committees on Appropriations of the Senate 

7 and the House of Representatives, including a description 

8 of the applicable contract and an explanation of why the 

9 waiver authority was used. The Secretary may not delegate 

10 the authority to grant such a waiver. 

11 (d) In addition to the requirements established by this 

12 section, the Inspector General for the Department of Home13 land Security shall review departmental contracts awarded 

14 through other than full and open competition to assess de15 partmental compliance with applicable laws and regula16 tions: Provided, That the Inspector General shall review se17 lected contracts awarded in the previous fiscal year through 

18 other than full and open competition: Provided further, 

19 That in determining which contracts to review, the Inspec20 tor General shall consider the cost and complexity of the 

21 goods and services to be provided under the contract, the 

22 criticality of the contract to fulfilling Department missions, 

23 past performance problems on similar contracts or by the 

24 selected vendor, complaints received about the award process 

25 or contractor performance, and such other factors as the In-
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1 spector General deems relevant: Provided further, That the 

2 Inspector General shall report the results of the reviews to 

3 the Committees on Appropriations of the Senate and the 

4 House of Representatives no later than February 5, 2010. 

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

6 Act may be used by United States Citizenship and Immi7 gration Services to grant an immigration benefit unless the 

8 results of background checks required by law to be completed 

9 prior to the granting of the benefit have been received by 

10 United States Citizenship and Immigration Services, and 

11 the results do not preclude the granting of the benefit. 

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

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

14 or other equine belonging to the Federal Government that 

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

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

17 through an adoption program that has safeguards against 

18 slaughter and inhumane treatment. 

19 SEC. 528. None of the funds provided in this Act shall 

20 be available to carry out section 872 of Public Law 107– 

21 296. 

22 SEC. 529. None of the funds provided in this Act under 

23 the heading ‘‘Office of the Chief Information Officer’’ shall 

24 be used for data center development other than for Data 

25 Center One (National Center for Critical Information Proc-
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1 essing and Storage) until the Chief Information Officer cer2 tifies that Data Center One (National Center for Critical 

3 Information Processing and Storage) is fully utilized as the 

4 Department’s primary data storage center at the highest ca5 pacity throughout the fiscal year. 

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

7 to reduce the United States Coast Guard’s Operations Sys8 tems Center mission or its government-employed or contract 

9 staff levels. 

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

11 may be used to conduct, or to implement the results of, a 

12 competition under Office of Management and Budget Cir13 cular A–76 for activities performed with respect to the Coast 

14 Guard National Vessel Documentation Center. 

15 SEC. 532. The Secretary of Homeland Security shall 

16 require that all contracts of the Department of Homeland 

17 Security that provide award fees link such fees to successful 

18 acquisition outcomes (which outcomes shall be specified in 

19 terms of cost, schedule, and performance). 

20 SEC. 533. None of the funds made available to the Of21 fice of the Secretary and Executive Management under this 

22 Act may be expended for any new hires by the Department 

23 of Homeland Security that are not verified through the 

24 basic pilot program under section 401 of the Illegal Immi-
66 

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1 gration Reform and Immigrant Responsibility Act of 1996 

2 (8 U.S.C. 1324a note). 

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

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

5 to prevent an individual not in the business of importing 

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

7 of the Federal Food, Drug, and Cosmetic Act) from import8 ing a prescription drug from Canada that complies with 

9 the Federal Food, Drug, and Cosmetic Act: Provided, That 

10 this section shall apply only to individuals transporting on 

11 their person a personal-use quantity of the prescription 

12 drug, not to exceed a 90-day supply: Provided further, That 

13 the prescription drug may not be— 

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

15 102 of the Controlled Substances Act (21 U.S.C. 802); 

16 or 

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

18 351 of the Public Health Service Act (42 U.S.C. 262). 

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

20 Act may be used by the Secretary of Homeland Security 

21 or any delegate of the Secretary to issue any rule or regula22 tion which implements the Notice of Proposed Rulemaking 

23 related to Petitions for Aliens To Perform Temporary Non24 agricultural Services or Labor (H–2B) set out beginning 

25 on 70 Fed. Reg. 3984 (January 27, 2005). 
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1 SEC. 536. Section 537 of the Department of Homeland 

2 Security Appropriations Act, 2009 (division D of Public 

3 Law 110–329; 122 Stat. 3682) shall apply with respect to 

4 funds made available in this Act in the same manner as 

5 such sections applied to funds made available in that Act. 

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

7 Act may be used for planning, testing, piloting, or devel8 oping a national identification card. 

9 SEC. 538. (a) Notwithstanding any other provision of 

10 this Act, except as provided in subsection (b), and 30 days 

11 after the date that the President determines whether to de12 clare a major disaster because of an event and any appeal 

13 is completed, the Administrator shall submit to the Com14 mittee on Homeland Security and Governmental Affairs of 

15 the Senate, the Committee on Homeland Security of the 

16 House of Representatives, the Committee on Transportation 

17 and Infrastructure of the House of Representatives, the 

18 Committees on Appropriations of the Senate and the House 

19 of Representatives, and publish on the website of the Federal 

20 Emergency Management Agency, a report regarding that 

21 decision, which shall summarize damage assessment infor22 mation used to determine whether to declare a major dis23 aster. 
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1 (b) The Administrator may redact from a report under 

2 subsection (a) any data that the Administrator determines 

3 would compromise national security. 

4 (c) In this section— 

5 (1) the term ‘‘Administrator’’ means the Admin6 istrator of the Federal Emergency Management Agen7 cy; and 

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

9 given that term in section 102 of the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5122). 

12 SEC. 539. Notwithstanding any other provision of law, 

13 should the Secretary of Homeland Security determine that 

14 the National Bio and Agro-defense Facility be located at 

15 a site other than Plum Island, New York, the Secretary 

16 shall have the Administrator of General Services sell 

17 through public sale all real and related personal property 

18 and transportation assets which support Plum Island oper19 ations, subject to such terms and conditions as necessary 

20 to protect government interests and meet program require21 ments: Provided, That the gross proceeds of such sale shall 

22 be deposited as offsetting collections into the Department 

23 of Homeland Security Science and Technology ‘‘Research, 

24 Development, Acquisition, and Operations’’ account and, 

25 subject to appropriation, shall be available until expended, 
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1 for site acquisition, construction, and costs related to the 

2 construction of the National Bio and Agro-defense Facility, 

3 including the costs associated with the sale, including due 

4 diligence requirements, necessary environmental remedi5 ation at Plum Island, and reimbursement of expenses in6 curred by the General Services Administration which shall 

7 not exceed 1 percent of the sale price or $5,000,000, which8 ever is greater: Provided further, That after the completion 

9 of construction and environmental remediation, the unex10 pended balances of funds appropriated for costs in the pre11 ceding proviso shall be available for transfer to the appro12 priate account for design and construction of a consolidated 

13 Department of Homeland Security Headquarters project, 

14 excluding daily operations and maintenance costs, notwith15 standing section 503 of this Act, and the Committees on 

16 Appropriations of the Senate and the House of Representa17 tives shall be notified 15 days prior to such transfer. 

18 SEC. 540. Any official that is required by this Act to 

19 report or certify to the Committees on Appropriations of 

20 the Senate and the House of Representatives may not dele21 gate such authority to perform that act unless specifically 

22 authorized herein. 

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

24 consultation with the Secretary of the Treasury, shall notify 

25 the Committees on Appropriations of the Senate and the 
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1 House of Representatives of any proposed transfers of funds 

2 available under 31 U.S.C. 9703.2(g)(4)(B) from the Depart3 ment of the Treasury Forfeiture Fund to any agency within 

4 the Department of Homeland Security. 

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

6 of enactment of this Act, the Secretary of Homeland Secu7 rity shall consult with the Secretaries of Defense and Trans8 portation and develop a concept of operations for un9 manned aerial systems in the United States national air10 space system for the purposes of border and maritime secu11 rity operations. 

12 (b) The Secretary of Homeland Security shall report 

13 to the Committees on Appropriations of the Senate and the 

14 House of Representatives not later than 30 days after the 

15 date of enactment of this Act on any foreseeable challenges 

16 to complying with subsection (a). 

17 SEC. 543. If the Assistant Secretary of Homeland Se18 curity (Transportation Security Administration) deter19 mines that an airport does not need to participate in the 

20 basic pilot program, the Assistant Secretary shall certify 

21 to the Committees on Appropriations of the Senate and the 

22 House of Representatives that no security risks will result 

23 by such non-participation. 

24 SEC. 544. For fiscal year 2010 and thereafter, the Sec25 retary may provide to personnel appointed or assigned to 
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1 serve abroad, allowances and benefits similar to those pro2 vided under chapter 9 of title I of the Foreign Service Act 

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

4 SEC. 545. Section 144 of the Continuing Appropria5 tions Resolution, 2009 (division A of Public Law 110–329; 

6 122 Stat. 3581), as amended by section 101 of division J 

7 of the Omnibus Appropriations Act, 2009 (Public Law 111– 

8 8; 123 Stat. 988), is further amended by striking ‘‘Sep9 tember 30, 2009’’ and inserting ‘‘September 30, 2012’’. 

10 SEC. 546. Section 401(b) of the Illegal Immigration 

11 Reform and Immigrant Responsibility Act of 1996 (divi12 sion C of Public Law 104–208; 8 U.S.C. 1324a note) is 

13 amended by striking ‘‘Unless’’ and all that follows. 

14 SEC. 547. The head of each agency or department of 

15 the United States that enters into a contract shall require, 

16 as a condition of the contract, that the contractor partici17 pate in the pilot program described in 404 of the Illegal 

18 Immigration Reform and Immigrant Responsibility Act of 

19 1996 (division C of Public Law 104–209; 8 U.S.C. 1324a 

20 note) to verify the employment eligibility of— 

21 (1) all individuals hired during the term of the 

22 contract by the contractor to perform employment du23 ties within the United States; and 
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1 (2) all individuals assigned by the contractor to 

2 perform work within the United States the under such 

3 contract. 

4 SEC. 548. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 

5 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform 

6 and Immigrant Responsibility Act of 1996 (division C of 

7 Public Law 104–208; 8 U.S.C. 1324a note) are amended 

8 by striking ‘‘basic pilot program’’ each place that term ap9 pears and inserting ‘‘E-Verify Program’’. 

10 (2) The heading of section 403(a) of the Illegal Immi11 gration Reform and Immigrant Responsibility Act of 1996 

12 is amended by striking ‘‘BASIC PILOT’’ and inserting ‘‘E13 VERIFY’’. 

14 (b) Section 404(h)(1) of the Illegal Immigration Re15 form and Immigration Responsibility Act of 1996 (Public 

16 Law 104–208; 8 U.S.C. 1324a note) is amended by striking 

17 ‘‘under a pilot program’’ and inserting ‘‘under this sub18 title’’. 

19 SEC. 549. Section 610 of the Departments of Com20 merce, Justice, and State, the Judiciary, and Related Agen21 cies Appropriations Act, 1993 (8 U.S.C. 1153 note) is 

22 amended— 

23 (1) by striking ‘‘pilot’’ each place it appears; 

24 and 

25 (2) in subsection (b), by striking ‘‘for 15 years’’. 
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1 SEC. 550. Notwithstanding any other provision of law, 

2 should the Secretary of Homeland Security determine that 

3 specific U.S. Immigration and Customs Enforcement Serv4 ice Processing Centers, or other U.S. Immigration and Cus5 toms Enforcement owned detention facilities, no longer meet 

6 the mission need, the Secretary is authorized to dispose of 

7 individual Service Processing Centers, or other U.S. Immi8 gration and Customs Enforcement owned detention facili9 ties, by directing the Administrator of General Services to 

10 sell all real and related personal property which support 

11 Service Processing Centers, or other U.S. Immigration and 

12 Customs Enforcement owned detention facilities, oper13 ations, subject to such terms and conditions as necessary 

14 to protect government interests and meet program require15 ments: Provided, That the proceeds, net of the costs of sale 

16 incurred by the General Services Administration and U.S. 

17 Immigration and Customs Enforcement shall be deposited 

18 as offsetting collections into a separate account that shall 

19 be available, subject to appropriation, until expended for 

20 other real property capital asset needs of existing U.S. Im21 migration and Customs Enforcement assets, excluding daily 

22 operations and maintenance costs, as the Secretary deems 

23 appropriate. 

24 SEC. 551. Section 550 of Public Law 109–295 is 

25 amended in subsection (b) by deleting from the last proviso 
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1 ‘‘three years after the date of enactment of this Act’’ and 

2 inserting in lieu thereof ‘‘October 4, 2010’’. 

3 SEC. 552. For fiscal year 2010 and thereafter, the Sec4 retary of Homeland Security may collect fees from any non5 Federal participant in a conference, seminar, exhibition, 

6 symposium, or similar meeting conducted by the Depart7 ment of Homeland Security in advance of the conference, 

8 either directly or by contract, and those fees shall be credited 

9 to the appropriation or account from which the costs of the 

10 conference, seminar, exhibition, symposium, or similar 

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

12 of the Department of Homeland Security with respect to 

13 the conference or to reimburse the Department for costs in14 curred with respect to the conference: Provided, That in the 

15 event the total amount of fees collected with respect to a 

16 conference exceeds the actual costs of the Department of 

17 Homeland Security with respect to the conference, the 

18 amount of such excess shall be deposited into the Treasury 

19 as miscellaneous receipts: Provided further, That the Sec20 retary shall provide a report to the Committees on Appro21 priations of the Senate and the House of Representatives 

22 not later than January 5, 2011, providing the level of collec23 tions and a summary by agency of the purposes and levels 

24 of expenditures for the prior fiscal year, and shall report 

25 annually thereafter. 
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1 SEC. 553. For purposes of section 210C of the Home2 land Security Act of 2002 (6 U.S.C. 124j) a rural area shall 

3 also include any area that is located in a metropolitan sta4 tistical area and a county, borough, parish, or area under 

5 the jurisdiction of an Indian tribe with a population of not 

6 more than 50,000. 

7 SEC. 554. From the unobligated balances of prior year 

8 appropriations made available for ‘‘Analysis and Oper9 ations’’, $5,000,000 are rescinded. 

10 SEC. 555. From the unobligated balances of prior year 

11 appropriations made available for U.S. Immigration and 

12 Customs Enforcement ‘‘Construction’’, $7,000,000 are re13 scinded. 

14 SEC. 556. From the unobligated balances of prior year 

15 appropriations made available for National Protection and 

16 Programs Directorate ‘‘Infrastructure Protection and Infor17 mation Security’’, $8,000,000 are rescinded. 

18 SEC. 557. From the unobligated balances of prior year 

19 appropriations made available for Science and Technology 

20 ‘‘Research, Development, Acquisition, and Operations’’, 

21 $7,500,000 are rescinded. 

22 SEC. 558. From the unobligated balances of prior year 

23 appropriations made available for Domestic Nuclear Detec24 tion Office ‘‘Research, Development, and Operations’’, 

25 $8,000,000 are rescinded. 
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1 SEC. 559. (a) Subject to subsection (b), none of the 

2 funds appropriated or otherwise made available by this Act 

3 may be available to operate the Loran-C signal after Janu4 ary 4, 2010. 

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

6 only if the Commandant of the Coast Guard certifies that— 

7 (1) the termination of the operation of the 

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

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

10 navigation; and 

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

12 needed as a backup to the Global Positioning System 

13 or any other Federal navigation requirement. 

14 (c) If the Commandant makes the certification de15 scribed in subsection (b), the Coast Guard shall, com16 mencing January 4, 2010, terminate the operation of the 

17 Loran-C signal and commence a phased decommissioning 

18 of the Loran-C system infrastructure. 

19 (d) Not later than 30 days after such certification pur20 suant to subsection (b), the Commandant shall submit to 

21 the Committees on Appropriations of the Senate and House 

22 of Representatives a report setting forth a proposed schedule 

23 for the phased decommissioning of the Loran-C system in24 frastructure in the event of the decommissioning of such in25 frastructure in accordance to subsection (c). 
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1 (e) If the Commandant makes the certification de2 scribed in subsection (b), the Secretary of Homeland Secu3 rity, acting through the Commandant of the Coast Guard, 

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

5 real and personal property under the administrative control 

6 of the Coast Guard and used for the Loran system, by di7 recting the Administrator of General Services to sell such 

8 real and personal property, subject to such terms and condi9 tions that the Secretary believes to be necessary to protect 

10 government interests and program requirements of the 

11 Coast Guard: Provided, That the proceeds, less the costs of 

12 sale incurred by the General Services Administration, shall 

13 be deposited as offsetting collections into the Coast Guard 

14 ‘‘Environmental Compliance and Restoration’’ account 

15 and, subject to appropriation, shall be available until ex16 pended for environmental compliance and restoration pur17 poses associated with the Loran system, for the demolition 

18 of improvements on such real property, and for the costs 

19 associated with the sale of such real and personal property, 

20 including due diligence requirements, necessary environ21 mental remediation, and reimbursement of expenses in22 curred by the General Services Administration: Provided 

23 further, That after the completion of such activities, the un24 expended balances shall be available for any other environ-
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1 mental compliance and restoration activities of the Coast 

2 Guard. 

3 BORDER FENCE COMPLETION

4 SEC. 560. (a) MINIMUM REQUIREMENTS.—Section 

5 102(b)(1) of the Illegal Immigration Reform and Immi6 grant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 

7 amended— 

8 (1) in subparagraph (A), by adding at the end 

9 the following: ‘‘Fencing that does not effectively re10 strain pedestrian traffic (such as vehicle barriers and 

11 virtual fencing) may not be used to meet the 700-mile 

12 fence requirement under this subparagraph.’’; 

13 (2) in subparagraph (B)— 

14 (A) in clause (i), by striking ‘‘and’’ at the 

15 end; 

16 (B) in clause (ii), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(iii) not later than December 31, 

20 2010, complete the construction of all the re21 inforced fencing and the installation of the 

22 related equipment described in subpara23 graph (A).’’; and 

24 (3) in subparagraph (C), by adding at the end 

25 the following: 
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1 ‘‘(iii) FUNDING NOT CONTINGENT ON

2 CONSULTATION.—Amounts appropriated to 

3 carry out this paragraph may not be im4 pounded or otherwise withheld for failure to 

5 fully comply with the consultation require6 ment under clause (i).’’. 

7 (b) REPORT.—Not later than September 30, 2009, the 

8 Secretary of Homeland Security shall submit a report to 

9 Congress that describes— 

10 (1) the progress made in completing the rein11 forced fencing required under section 102(b)(1) of the 

12 Illegal Immigration Reform and Immigrant Respon13 sibility Act of 1996 (8 U.S.C. 1103 note), as amended 

14 by this Act; and 

15 (2) the plans for completing such fencing before 

16 December 31, 2010. 

17 SEC. 561. None of the amounts made available under 

18 this Act may be used to implement changes to the final rule 

19 describing the process for employers to follow after receiving 

20 a ‘‘no match’’ letter in order to qualify for ‘‘safe harbor’’ 

21 status (promulgated on August 15, 2007). 

22 SEC. 562. None of the funds made available under this 

23 Act may be obligated for the construction of the National 

24 Bio and Agro-defense Facility on the United States main25 land until 90 days after the later of— 
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1 (1) the date on which the Secretary of Homeland 

2 Security completes a site-specific bio-safety and bio3 security mitigation assessment to determine the re4 quirements necessary to ensure safe operation of the 

5 National Bio and Agro-defense Facility at the pre6 ferred site identified in the January 16, 2009, Record 

7 of Decision published in Federal Register Vol. 74, 

8 Number 111; or 

9 (2) the date on which the Secretary of Homeland 

10 Security, in coordination with the Secretary of Agri11 culture, submits to the Committee on Appropriations 

12 of the Senate and the Committee on Appropriations 

13 of the House of Representatives a report that— 

14 (A) describes the procedure that will be used 

15 to issue the permit to conduct foot-and-mouth 

16 disease live virus research under section 7524 of 

17 the Food, Conservation, and Energy Act of 2008 

18 (21 U.S.C. 113a note; Public Law 110–246); and 

19 (B) includes plans to establish an emer20 gency response plan with city, regional, and 

21 State officials in the event of an accidental re22 lease of foot-and-mouth disease or another haz23 ardous pathogen. 

24 SEC. 563. (a) Not later than 60 days after the date 

25 of the enactment of this Act, the Secretary of Homeland Se-
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1 curity, in consultation with the Attorney General and the 

2 Administrative Office of the United States Courts, shall 

3 submit a report to the congressional committees set forth 

4 in subsection (b) that provides details about— 

5 (1) additional Border Patrol sectors that should 

6 be utilizing Operation Streamline programs; and 

7 (2) resources needed from the Department of 

8 Homeland Security, the Department of Justice, and 

9 the Judiciary, to increase the effectiveness of Oper10 ation Streamline programs at some Border Patrol 

11 sectors and to utilize such programs at additional sec12 tors. 

13 (b) The congressional committees set forth in this sub14 section are— 

15 (1) the Committee on Appropriations of the Sen16 ate; 

17 (2) the Committee on the Judiciary of the Sen18 ate; 

19 (3) the Committee on Appropriations of the 

20 House of Representatives; 

21 (4) the Committee on the Judiciary of the House 

22 of Representatives; and 

23 (5) the Committee on Homeland Security and 

24 Governmental Affairs of the Senate. 
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1 MARITIME TRANSPORTATION SECURITY INFORMATION

2 SEC. 564. (a) SHORT TITLE.—This section may be 

3 cited as the ‘‘American Communities’ Right to Public Infor4 mation Act’’. 

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

6 States Code, is amended to read as follows: 

7 ‘‘(d) NONDISCLOSURE OF INFORMATION.— 

8 ‘‘(1) IN GENERAL.—Information developed under 

9 this chapter is not required to be disclosed to the pub10 lic, including— 

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

12 plans, and port vulnerability assessments; and 

13 ‘‘(B) other information related to security 

14 plans, procedures, or programs for vessels or fa15 cilities authorized under this chapter. 

16 ‘‘(2) LIMITATIONS.—Nothing in paragraph (1) 

17 shall be construed to authorize the designation of in18 formation as sensitive security information (as de19 fined in section 1520.5 of title 49, Code of Federal 

20 Regulations)— 

21 ‘‘(A) to conceal a violation of law, ineffi22 ciency, or administrative error; 

23 ‘‘(B) to prevent embarrassment to a person, 

24 organization, or agency; 

25 ‘‘(C) to restrain competition; or 
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1 ‘‘(D) to prevent or delay the release of infor2 mation that does not require protection in the 

3 interest of transportation security, including 

4 basic scientific research information not clearly 

5 related to transportation security.’’. 

6 (c) CONFORMING AMENDMENTS.— 

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

8 Code, is amended by adding at the end thereof the fol9 lowing: 

10 ‘‘(4) LIMITATIONS.—Nothing in this subsection, 

11 or any other provision of law, shall be construed to 

12 authorize the designation of information as sensitive 

13 security information (as defined in section 1520.5 of 

14 title 49, Code of Federal Regulations)— 

15 ‘‘(A) to conceal a violation of law, ineffi16 ciency, or administrative error; 

17 ‘‘(B) to prevent embarrassment to a person, 

18 organization, or agency; 

19 ‘‘(C) to restrain competition; or 

20 ‘‘(D) to prevent or delay the release of infor21 mation that does not require protection in the 

22 interest of transportation security, including 

23 basic scientific research information not clearly 

24 related to transportation security.’’. 
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1 (2) Section 40119(b) of title 49, United States 

2 Code, is amended by adding at the end thereof the fol3 lowing: 

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

5 to authorize the designation of information as sen6 sitive security information (as defined in section 15.5 

7 of title 49, Code of Federal Regulations)— 

8 ‘‘(A) to conceal a violation of law, ineffi9 ciency, or administrative error; 

10 ‘‘(B) to prevent embarrassment to a person, 

11 organization, or agency; 

12 ‘‘(C) to restrain competition; or 

13 ‘‘(D) to prevent or delay the release of infor14 mation that does not require protection in the 

15 interest of transportation security, including 

16 basic scientific research information not clearly 

17 related to transportation security.’’. 

18 DEFINITION OF SWITCHBLADE KNIVES

19 SEC. 565. Section 4 of the Act entitled ‘‘An Act to pro20 hibit the introduction, or manufacture for introduction, 

21 into interstate commerce of switchblade knives, and for 

22 other purposes’’ (commonly known as the Federal Switch23 blade Act) (15 U.S.C. 1244) is amended— 

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

25 (2) by striking the period at the end of para26 graph (4) and inserting ‘‘; or’’ and 
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1 (3) by adding at the end the following: 

2 ‘‘(5) a knife that contains a spring, detent, or 

3 other mechanism designed to create a bias toward clo4 sure of the blade and that requires exertion applied 

5 to the blade by hand, wrist, or arm to overcome the 

6 bias toward closure to assist in opening the knife.’’. 

7 FEDERAL DEPOSIT INSURANCE ACT TECHNICAL

8 CORRECTION

9 SEC. 566. (a) APPLICABLE ANNUAL PERCENTAGE

10 RATE OF INTEREST.—Section 44(f)(1) of the Federal De11 posit Insurance Act (12 U.S.C. 1831u(f)(1)) is amended— 

12 (1) in the matter preceding subparagraph (A), 

13 by inserting ‘‘(or in the case of a governmental entity 

14 located in such State, paid)’’ after ‘‘received, or re15 served’’; and 

16 (2) in subparagraph (B)— 

17 (A) in the matter preceding clause (i), by 

18 striking ‘‘nondepository institution operating in 

19 such State’’ and inserting ‘‘governmental entity 

20 located in such State or any person that is not 

21 a depository institution described in subpara22 graph (A) doing business in such State’’; 

23 (B) by redesignating clause (ii) as clause 

24 (iii); 

25 (C) in clause (i)— 
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1 (i) in subclause (III)— 

2 (I) in item (aa), by adding ‘‘and’’ 

3 at the end; 

4 (II) in item (bb), by striking ‘‘, to 

5 facilitate’’ and all that follows through 

6 ‘‘2009’’; and 

7 (III) by striking item (cc); and 

8 (ii) by adding after subclause (III) the 

9 following: 

10 ‘‘(IV) the uniform accessibility of 

11 bonds and obligations issued under the 

12 American Recovery and Reinvestment 

13 Act of 2009;’’; and 

14 (D) by inserting after clause (i) the fol15 lowing: 

16 ‘‘(ii) to facilitate interstate commerce 

17 through the issuance of bonds and obliga18 tions under any provision of State law, in19 cluding bonds and obligations for the pur20 pose of economic development, education, 

21 and improvements to infrastructure; and’’. 

22 (b) EFFECTIVE PERIOD.—The amendments made by 

23 this section shall apply with respect to contracts con24 summated during the period beginning on the date of enact25 ment of this Act and ending on December 31, 2010. 
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1 DETAINEE PHOTOGRAPHIC RECORDS PROTECTION AND

2 OPEN FREEDOM OF INFORMATION ACT

3 SEC. 567. (a) DETAINEE PHOTOGRAPHIC RECORDS

4 PROTECTION.—(1) SHORT TITLE.—This subsection may be 

5 cited as the ‘‘Detainee Photographic Records Protection Act 

6 of 2009’’. 

7 (2) DEFINITIONS.—In this subsection: 

8 (A) COVERED RECORD.—The term ‘‘covered 

9 record’’ means any record— 

10 (i) that is a photograph that— 

11 (I) was taken during the period 

12 beginning on September 11, 2001, 

13 through January 22, 2009; and 

14 (II) relates to the treatment of in15 dividuals engaged, captured, or de16 tained after September 11, 2001, by the 

17 Armed Forces of the United States in 

18 operations outside of the United States; 

19 and 

20 (ii) for which a certification by the 

21 Secretary of Defense under paragraph (3) is 

22 in effect. 

23 (B) PHOTOGRAPH.—The term ‘‘photograph’’ 

24 encompasses all photographic images, whether 

25 originals or copies, including still photographs, 
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1 negatives, digital images, films, video tapes, and 

2 motion pictures. 

3 (3) CERTIFICATION.— 

4 (A) IN GENERAL.—For any photograph de5 scribed under paragraph (2)(A)(i), the Secretary 

6 of Defense shall issue a certification, if the Sec7 retary of Defense, in consultation with the 

8 Chairman of the Joint Chiefs of Staff, deter9 mines that the disclosure of that photograph 

10 would endanger— 

11 (i) citizens of the United States; or 

12 (ii) members of the Armed Forces or 

13 employees of the United States Government 

14 deployed outside the United States. 

15 (B) CERTIFICATION EXPIRATION.—A certifi16 cation under subparagraph (A) and a renewal of 

17 a certification under subparagraph (C) shall ex18 pire 3 years after the date on which the certifi19 cation or renewal, as the case may be, is made. 

20 (C) CERTIFICATION RENEWAL.—The Sec21 retary of Defense may issue— 

22 (i) a renewal of a certification in ac23 cordance with subparagraph (A) at any 

24 time; and 
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1 (ii) more than 1 renewal of a certifi2 cation. 

3 (D) NOTICE TO CONGRESS.—A timely no4 tice of the Secretary’s certification shall be sub5 mitted to Congress. 

6 (4) NONDISCLOSURE OF DETAINEE RECORDS.—A 

7 covered record shall not be subject to— 

8 (A) disclosure under section 552 of title 5, 

9 United States Code (commonly referred to as the 

10 Freedom of Information Act); or 

11 (B) disclosure under any proceeding under 

12 that section. 

13 (5) RULE OF CONSTRUCTION.—Nothing in this 

14 subsection shall be construed to preclude the voluntary 

15 disclosure of a covered record. 

16 (6) EFFECTIVE DATE.—This subsection shall take 

17 effect on the date of enactment of this Act and apply 

18 to any photograph created before, on, or after that 

19 date that is a covered record. 

20 (b) OPEN FREEDOM OF INFORMATION ACT.— 

21 (1) SHORT TITLE.—This subsection may be cited 

22 as the ‘‘OPEN FOIA Act of 2009’’. 

23 (2) SPECIFIC CITATIONS IN STATUTORY EXEMP24 TIONS.—Section 552(b) of title 5, United States Code, 
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1 is amended by striking paragraph (3) and inserting 

2 the following: 

3 ‘‘(3) specifically exempted from disclosure by 

4 statute (other than section 552b of this title), if that 

5 statute— 

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

7 from the public in such a manner as to leave no 

8 discretion on the issue; or 

9 ‘‘(ii) establishes particular criteria for with10 holding or refers to particular types of matters 

11 to be withheld; and 

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

13 of the OPEN FOIA Act of 2009, specifically cites 

14 to this paragraph.’’. 

15 SEC. 568. (a) IN GENERAL.—Not later than 1 year 

16 after the date of the enactment of this Act, the Secretary 

17 of Homeland Security shall, in consultation with the enti18 ties specified in subsection (c), submit to Congress a report 

19 on improving cross-border inspection processes in an effort 

20 to reduce the time to travel between locations in the United 

21 States and locations in Ontario and Quebec by intercity 

22 passenger rail. 

23 (b) CONTENTS.—The report required by subsection (a) 

24 shall include— 
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1 (1) an evaluation of potential cross-border in2 spection processes and methods including rolling in3 spections that comply with Department of Homeland 

4 Security requirements that would reduce the time to 

5 perform inspections on routes between locations in the 

6 United States and locations in Ontario and Quebec 

7 by intercity passenger rail; 

8 (2) an assessment of the extent to which improv9 ing or expanding infrastructure and increasing staff10 ing could increase the efficiency with which intercity 

11 rail passengers are inspected at border crossings with12 out decreasing security; 

13 (3) an updated evaluation of the potential for 

14 pre-clearance by the Department of Homeland Secu15 rity of intercity rail passengers at locations along 

16 routes between locations in the United States and lo17 cations in Ontario and Quebec, including through the 

18 joint use of inspection facilities with the Canada Bor19 der Services Agency, based on the report required by 

20 section 1523 of the Implementing Recommendations 

21 of the 9/11 Commission Act of 2007 (Public Law 

22 110–53; 121 Stat. 450); 

23 (4) an estimate of the timeline for implementing 

24 the methods for reducing the time to perform inspec25 tions between locations in the United States and loca-
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1 tions in Ontario and Quebec by intercity passenger 

2 rail based on the evaluations and assessments de3 scribed in paragraphs (1), (2), and (3); and 

4 (5) a description of how such evaluations and as5 sessments would apply with respect to— 

6 (A) all existing intercity passenger rail 

7 routes between locations in the United States 

8 and locations in Ontario and Quebec, including 

9 designated high-speed rail corridors; 

10 (B) any intercity passenger rail routes be11 tween such locations that have been used over the 

12 past 20 years and on which cross-border pas13 senger rail service does not exist as of the date 

14 of the enactment of this Act; and 

15 (C) any potential future rail routes between 

16 such locations. 

17 (c) ENTITIES SPECIFIED.—The entities to be consulted 

18 in the development of the report required by subsection (a) 

19 are— 

20 (1) the Government of Canada, including the 

21 Canada Border Services Agency and Transport Can22 ada and other agencies of the Government of Canada 

23 with responsibility for providing border services; 

24 (2) the Provinces of Ontario and Quebec; 
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1 (3) the States of Maine, Massachusetts, New 

2 Hampshire, New York, and Vermont; 

3 (4) the National Railroad Passenger Corpora4 tion; and 

5 (5) the Federal Railroad Administration. 

6 ADMINISTRATIVE LAW JUDGES

7 SEC. 569. The administrative law judge annuitants 

8 participating in the Senior Administrative Law Judge Pro9 gram managed by the Director of the Office of Personnel 

10 Management under section 3323 of title 5, United States 

11 Code, shall be available on a temporary reemployment basis 

12 to conduct arbitrations of disputes as part of the arbitration 

13 panel established by the President under section 601 of divi14 sion A of the American Recovery and Reinvestment Act of 

15 2009 (Public Law 111–5; 123 Stat. 164). 

16 PROPER DISPOSAL OF PERSONAL INFORMATION COLLECTED

17 THROUGH THE REGISTERED TRAVELER PROGRAM

18 SEC. 570. (a) IN GENERAL.—Any company that col19 lects or retains personal information directly from individ20 uals who participated in the Registered Traveler program 

21 shall safeguard and dispose of such information in accord22 ance with the requirements in— 

23 (1) the National Institute for Standards and 

24 Technology Special Publication 800–30, entitled 

25 ‘‘Risk Management Guide for Information Technology 

26 Systems’’; and 
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1 (2) the National Institute for Standards and 

2 Technology Special Publication 800–53, Revision 3, 

3 entitled ‘‘Recommended Security Controls for Federal 

4 Information Systems and Organizations,’’; 

5 (3) any supplemental standards established by 

6 the Assistant Secretary, Transportation Security Ad7 ministration (referred to in this section as the ‘‘As8 sistant Secretary’’). 

9 (b) CERTIFICATION.—The Assistant Secretary shall re10 quire any company through the sponsoring entity described 

11 in subsection (a) to provide, not later than 30 days after 

12 the date of the enactment of this Act, written certification 

13 to the sponsoring entity that such procedures are consistent 

14 with the minimum standards established under paragraph 

15 (a)(1–3) with a description of the procedures used to comply 

16 with such standards. 

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

18 of the enactment of this Act, the Assistant Secretary shall 

19 submit a report to Congress that— 

20 (1) describes the procedures that have been used 

21 to safeguard and dispose of personal information col22 lected through the Registered Traveler program; and 

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

24 company described in subsection (a) that such proce-
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1 dures are consistent with the minimum standards es2 tablished by paragraph (a)(1–3). 

3 IMMIGRATION PROVISIONS

4 SEC. 571. (a) SPECIAL IMMIGRANT NONMINISTER RE5 LIGIOUS WORKER PROGRAM.— 

6 (1) EXTENSION.—Section 101(a)(27)(C)(ii) of 

7 the Immigration and Nationality Act (8 U.S.C. 1101 

8 (a)(27)(C)(ii)), as amended by section 2(a) of the 

9 Special Immigrant Nonminister Religious Worker 

10 Program Act (Public Law 110–391), is amended by 

11 striking ‘‘September 30, 2009’’ each place such term 

12 appears and inserting ‘‘September 30, 2012’’. 

13 (2) STUDY AND PLAN.—Not later than the earlier 

14 of 90 days after the date of the enactment of this Act 

15 or March 30, 2010, the Director of United States Citi16 zenship and Immigration Services shall submit a re17 port to the Committee on the Judiciary of the Senate 

18 and the Committee on the Judiciary of the House of 

19 Representatives that includes— 

20 (A) the results of a study conducted under 

21 the supervision of the Director to evaluate the 

22 Special Immigrant Nonminister Religious Work23 er Program to identify the risks of fraud and 

24 noncompliance by program participants; and 

25 (B) a detailed plan that describes the ac26 tions to be taken by the Department of Home-
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1 land Security against noncompliant program 

2 participants and future noncompliant program 

3 participants. 

4 (3) PROGRESS REPORT.—Not later than the ear5 lier of 90 days after the submission of the report 

6 under subsection (b) or June 30, 2010, the Director 

7 of United States Citizenship and Immigration Serv8 ices shall submit a report to the Committee on the Ju9 diciary of the Senate and the Committee on the Judi10 ciary of the House of Representatives that describes 

11 the progress made in reducing the number of non12 compliant participants of the Special Immigrant 

13 Nonminister Religious Worker Program. 

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

15 Section 220(c) of the Immigration and Nationality Tech16 nical Corrections Act of 1994 (8 U.S.C. 1182 note) is 

17 amended by striking ‘‘September 30, 2009’’ and inserting 

18 ‘‘September 30, 2012’’. 

19 (c) RELIEF FOR SURVIVING SPOUSES.— 

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

21 201(b)(2)(A)(i) of the Immigration and Nationality 

22 Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by strik23 ing ‘‘for at least 2 years at the time of the citizen’s 

24 death’’. 

25 (2) APPLICABILITY.— 
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1 (A) IN GENERAL.—The amendment made 

2 by paragraph (1) shall apply to all applications 

3 and petitions relating to immediate relative sta4 tus under section 201(b)(2)(A)(i) of the Immi5 gration and Nationality Act (8 U.S.C. 

6 1151(b)(2)(A)(i)) pending on or after the date of 

7 the enactment of this Act. 

8 (B) TRANSITION CASES.— 

9 (i) IN GENERAL.—Notwithstanding 

10 any other provision of law, an alien de11 scribed in clause (ii) who seeks immediate 

12 relative status pursuant to the amendment 

13 made by paragraph (1) shall file a petition 

14 under section 204(a)(1)(A)(ii) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1154(a)(1)(A)(ii)) not later than the date 

17 that is 2 years after the date of the enact18 ment of this Act. 

19 (ii) ALIENS DESCRIBED.—An alien is 

20 described in this clause if— 

21 (I) the alien’s United States cit22 izen spouse died before the date of the 

23 enactment of this Act; 

24 (II) the alien and the citizen 

25 spouse were married for less than 2 
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1 years at the time of the citizen spouse’s 

2 death; and 

3 (III) the alien has not remarried. 

4 (d) HUMANITARIAN CONSIDERATION FOR PENDING

5 PETITIONS AND APPLICATIONS.— 

6 (1) AMENDMENT.—Section 204 of the Immigra7 tion and Nationality Act (8 U.S.C. 1154) is amended 

8 by adding at the end the following: 

9 ‘‘(l) HUMANITARIAN CONSIDERATION FOR PENDING

10 PETITIONS AND APPLICATIONS.— 

11 ‘‘(1) IN GENERAL.—An alien described in para12 graph (2) who was the beneficiary or derivative bene13 ficiary of a petition (as defined in section 204, 207, 

14 or 208) filed on behalf of the alien or principal bene15 ficiary before the death of the qualifying relative and 

16 who continues to reside in the United States shall 

17 have such petition and any related or subsequent ap18 plications for adjustment of status to that of a person 

19 admitted for lawful permanent residence adjudicated 

20 as if the death had not occurred, unless the Secretary 

21 of Homeland Security determines, in the 

22 unreviewable discretion of the Secretary, that ap23 proval would not be in the public interest. 
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1 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

2 this paragraph is an alien who, immediately prior to 

3 the death of his or her qualifying relative, was— 

4 ‘‘(A) an immediate relative (as described in 

5 section 201(b)(2)(A)(i)); 

6 ‘‘(B) a family-sponsored immigrant (as de7 scribed in subsection (a) or (d) of section 203); 

8 ‘‘(C) a derivative beneficiary of an employ9 ment-based immigrant under section 203(b) (as 

10 described in section 203(d)); 

11 ‘‘(D) a spouse or child of a refugee (as de12 scribed in section 207(c)(2)); or 

13 ‘‘(E) an asylee (as described in section 

14 208(b)(3)).’’. 

15 (2) CONSTRUCTION.—Nothing in the amendment 

16 made by paragraph (1) may be construed to limit or 

17 waive any ground of removal, basis for denial of peti18 tion or application, or other criteria for adjudicating 

19 petitions or applications as otherwise provided under 

20 the immigration laws of the United States other than 

21 ineligibility based solely on the lack of a qualifying 

22 family relationship as specifically provided by such 

23 amendment. 

24 SEC. 572. (a) The amount appropriated under the 

25 heading ‘‘Firefighter Assistance Grants’’ under the heading 
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1 ‘‘Federal Emergency Management Agency’’ under by title 

2 III for necessary expenses for programs authorized by the 

3 Federal Fire Prevention and Control Act of 1974 is in4 creased by $10,000,000 for necessary expenses to carry out 

5 the programs authorized under section 33 of that Act (15 

6 U.S.C. 2229). 

7 (b) The total amount of appropriations under the 

8 heading ‘‘Aviation Security’’ under the heading ‘‘Transpor9 tation Security Administration’’ under title II, the amount 

10 for screening operations and the amount for explosives de11 tection systems under the first proviso under that heading 

12 and the amount for the purchase and installation of explo13 sives detection systems under the second proviso under that 

14 heading are reduced by $4,500,000. 

15 (c) From the unobligated balances of amounts appro16 priated before the date of enactment of this Act for the ap17 propriations account under the heading ‘‘State and Local 

18 Programs’’ under the heading ‘‘Federal Emergency Man19 agement Agency’’ for ‘‘Trucking Industry Security Grants’’, 

20 $5,500,000 are rescinded. 

21 SEC. 573. None of the funds made available in this 

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

23 to prevent an individual not in the business of importing 

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

25 of the Federal Food, Drug, and Cosmetic Act) from import-
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1 ing a prescription drug from Canada that complies with 

2 the Federal Food, Drug, and Cosmetic Act: Provided, That 

3 the prescription drug may not be— 

4 PROPER AWARDING OF INCENTIVE FEES FOR CONTRACT

5 PERFORMANCE

6 SEC. 574. Notwithstanding any other provision of this 

7 Act, none of the funds appropriated or otherwise made 

8 available by this Act may be used to pay award or incentive 

9 fees for contractor performance that has been judged to be 

10 below satisfactory performance or performance that does not 

11 meet the basic requirements of a contract. 

12 SEC. 575. None of the funds appropriated or otherwise 

13 made available by this Act may be used by the Department 

14 of Homeland Security to enter into any federal contract un15 less such contract is entered into in accordance with the 

16 requirements of the Federal Property and Administrative 

17 Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of 

18 title 10, United States Code, and the Federal Acquisition 

19 Regulation, unless such contract is otherwise authorized by 

20 statute to be entered into without regard to the above ref21 erenced statutes. 

22 CHECKING THE IMMIGRATION STATUS OF EMPLOYEES

23 SEC. 576. Section 403(a)(3)(A) of the Illegal Immigra24 tion Reform and Immigrant Responsibility Act of 1996 

25 (Public Law 104–208; 8 U.S.C. 1324a note) is amended— 
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1 (1) by striking ‘‘The person’’ and inserting the 

2 following: 

3 ‘‘(i) UPON HIRING.—The person’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(ii) EXISTING EMPLOYEES.—An em6 ployer that elects to verify the employment 

7 eligibility of existing employees shall verify 

8 the employment eligibility of all such em9 ployees not later than 10 days after noti10 fying the Secretary of Homeland Security of 

11 such election.’’. 

12 This Act may be cited as the ‘‘Department of Home13 land Security Appropriations Act, 2010’’. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION H.R. 2892 

AMENDMENT