I 

111TH CONGRESS 

1ST SESSION H. R. 2892 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2009 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

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

and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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


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1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Secretary 

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

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

10 $17,000,000) (reduced by $6,000,000) (reduced by 

11 $5,000,000) (reduced by $1,700,000): Provided, That not 

12 to exceed $60,000 shall be for official reception and rep13 resentation expenses, of which $20,000 shall be made 

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

15 Program negotiations in Washington, DC. 

16 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

17 For necessary expenses of the Office of the Under 

18 Secretary for Management, as authorized by sections 701 

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

20 U.S.C. 341 through 345), $268,690,000 (reduced by 

21 $5,900,000) (reduced by $14,000,000) (reduced by 

22 $45,000,000) (reduced by $50,000,000), of which not less 

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

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

25 and representation expenses: Provided, That of the total 


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

2 shall remain available until expended solely for the alter3 ation and improvement of facilities, tenant improvements, 

4 and relocation costs to consolidate Department head5 quarters operations at the Nebraska Avenue Complex; and 

6 $17,131,000 shall remain available until expended for the 

7 Human Resources Information Technology program. 

8 OFFICE OF THE CHIEF FINANCIAL OFFICER

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

12 (reduced by $3,000,000), of which $11,000,000 shall re13 main available until expended for financial systems con14 solidation efforts. 

15 OFFICE OF THE CHIEF INFORMATION OFFICER

16 For necessary expenses of the Office of the Chief In17 formation Officer, as authorized by section 103 of the 

18 Homeland Security Act of 2002 (6 U.S.C. 113), and De19 partment-wide technology investments, $299,593,000 (re20 duced by $18,000,000); of which $86,912,000 shall be 

21 available for salaries and expenses; and of which 

22 $212,681,000 (reduced by $18,000,000), to remain avail23 able until expended, shall be available for development and 

24 acquisition of information technology equipment, software, 

25 services, and related activities for the Department of 


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1 Homeland Security: Provided, That none of the funds ap2 propriated shall be used to support or supplement the ap3 propriations provided for the United States Visitor and 

4 Immigrant Status Indicator Technology project or the 

5 Automated Commercial Environment: Provided further, 

6 That the Chief Information Officer shall submit to the 

7 Committees on Appropriations of the Senate and the 

8 House of Representatives, not more than 60 days after 

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

10 for all information technology acquisition projects that: 

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

12 multiple components of the Department of Homeland Se13 curity through reimbursable agreements: Provided further, 

14 That such expenditure plan shall include each specific 

15 project funded, key milestones, all funding sources for 

16 each project, details of annual and lifecycle costs, and pro17 jected cost savings or cost avoidance to be achieved by the 

18 project. 

19 ANALYSIS AND OPERATIONS

20 For necessary expenses for intelligence analysis and 

21 operations coordination activities, as authorized by title II 

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

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

24 be for official reception and representation expenses; and 


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1 of which $199,677,000 shall remain available until Sep2 tember 30, 2011. 

3 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

4 COAST REBUILDING

5 For necessary expenses of the Office of the Federal 

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

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the provisions of the Inspector 

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

11 which not to exceed $150,000 may be used for certain con12 fidential operational expenses, including the payment of 

13 informants, to be expended at the direction of the Inspec14 tor General. 

15 TITLE II—SECURITY, ENFORCEMENT, AND 

16 INVESTIGATIONS 

17 U.S. CUSTOMS AND BORDER PROTECTION

18 SALARIES AND EXPENSES

19 For necessary expenses for enforcement of laws relat20 ing to border security, immigration, customs, agricultural 

21 inspections and regulatory activities related to plant and 

22 animal imports, and transportation of unaccompanied 

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

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

25 with individuals for personal services abroad; 


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1 $7,576,897,000 (increased by $4,900,000) (increased by 

2 $34,000,000) (reduced by $1,000,000) (increased by 

3 $1,000,000), of which $3,226,000 shall be derived from 

4 the Harbor Maintenance Trust Fund for administrative 

5 expenses related to the collection of the Harbor Mainte6 nance Fee pursuant to section 9505(c)(3) of the Internal 

7 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not8 withstanding section 1511(e)(1) of the Homeland Security 

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

10 $45,000 shall be for official reception and representation 

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

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

13 become available in the Customs User Fee Account, except 

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

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

16 58c(f)(3)), shall be derived from that account; of which 

17 not to exceed $1,000,000 shall be for awards of compensa18 tion to informants, to be accounted for solely under the 

19 certificate of the Secretary of Homeland Security; and of 

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

21 of portable solar charging rechargeable battery systems, 

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

23 That for fiscal year 2010, the overtime limitation pre24 scribed in section 5(c)(1) of the Act of February 13, 1911 

25 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\H2892.PP H2892

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1 standing any other provision of law, none of the funds ap2 propriated by this Act may be available to compensate any 

3 employee of U.S. Customs and Border Protection for over4 time, from whatever source, in an amount that exceeds 

5 such limitation, except in individual cases determined by 

6 the Secretary of Homeland Security, or the designee of 

7 the Secretary, to be necessary for national security pur8 poses, to prevent excessive costs, or in cases of immigra9 tion emergencies. 

10 AUTOMATION MODERNIZATION

11 For expenses for U.S. Customs and Border Protec12 tion automated systems, $462,445,000, to remain avail13 able until expended, of which not less than $267,960,000 

14 shall be for the development of the Automated Commercial 

15 Environment: Provided, That of the total amount made 

16 available under this heading, $167,960,000 may not be ob17 ligated for the Automated Commercial Environment pro18 gram until 30 days after the Committees on Appropria19 tions of the Senate and the House of Representatives re20 ceive a report on the results to date and plans for the 

21 program from the Department of Homeland Security. 

22 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

23 TECHNOLOGY

24 For expenses for border security fencing, infrastruc25 ture, and technology, $732,000,000, to remain available 


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

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

3 obligated until the Committees on Appropriations of the 

4 Senate and the House of Representatives receive and ap5 prove a plan for expenditure, prepared by the Secretary 

6 of Homeland Security, reviewed by the Government Ac7 countability Office, and submitted not later than 90 days 

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

9 to establish and maintain a security barrier along the bor10 ders of the United States, of fencing and vehicle barriers 

11 where practicable, and of other forms of tactical infra12 structure and technology, that includes— 

13 (1) a detailed accounting of the program’s im14 plementation to date for all investments, including 

15 technology and tactical infrastructure, for funding 

16 already expended relative to system capabilities or 

17 services, system performance levels, mission benefits 

18 and outcomes, milestones, cost targets, program 

19 management capabilities, identification of the max20 imum investment, including life-cycle costs, related 

21 to the Secure Border Initiative program or any suc22 cessor program, and description of the methodology 

23 used to obtain these cost figures; 

24 (2) a description of how specific projects will 

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1 tive, as defined in the Department of Homeland Se2 curity Secure Border Plan, and how the expenditure 

3 plan allocates funding to the highest priority border 

4 security needs; 

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

6 funds are to be obligated to meet future program 

7 commitments, with the planned expenditure of funds 

8 linked to the milestone-based delivery of specific ca9 pabilities, services, performance levels, mission bene10 fits and outcomes, and program management capa11 bilities; 

12 (4) an identification of staffing, including full13 time equivalents, contractors, and detailees, by pro14 gram office; 

15 (5) a description of how the plan addresses se16 curity needs at the Northern border and ports of 

17 entry, including infrastructure, technology, design 

18 and operations requirements, specific locations where 

19 funding would be used, and priorities for Northern 

20 border activities; 

21 (6) a report on budget, obligations and expendi22 tures, the activities completed, and the progress 

23 made by the program in terms of obtaining oper24 ational control of the entire border of the United 

25 States; 


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1 (7) a listing of all open Government Account2 ability Office and Office of Inspector General rec3 ommendations related to the program and the status 

4 of Department of Homeland Security actions to ad5 dress the recommendations, including milestones to 

6 fully address such recommendations; 

7 (8) a certification by the Chief Procurement Of8 ficer of the Department including all supporting doc9 uments or memoranda, and documentation and a de10 scription of the investment review processes used to 

11 obtain such certifications, that— 

12 (A) the program has been reviewed and ap13 proved in accordance with the investment man14 agement process of the Department, and that 

15 the process fulfills all capital planning and in16 vestment control requirements and reviews es17 tablished by the Office of Management and 

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

19 part 7; 

20 (B) the plans for the program comply with 

21 the Federal acquisition rules, requirements, 

22 guidelines, and practices, and a description of 

23 the actions being taken to address areas of non24 compliance, the risks associated with such ac25 tions, together with any plans for addressing 


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1 these risks, and the status of the implementa2 tion of such actions; and 

3 (C) procedures to prevent conflicts of in4 terest between the prime integrator and major 

5 subcontractors are established and that the Se6 cure Border Initiative Program Office has ade7 quate staff and resources to effectively manage 

8 the Secure Border Initiative program and all 

9 contracts under such program, including the ex10 ercise of technical oversight; 

11 (9) a certification by the Chief Information Of12 ficer of the Department including all supporting doc13 uments or memoranda, and documentation and a de14 scription of the investment review processes used to 

15 obtain such certifications that— 

16 (A) the system architecture of the program 

17 has been determined to be sufficiently aligned 

18 with the information systems enterprise archi19 tecture of the Department to minimize future 

20 rework, including a description of all aspects of 

21 the architectures that were or were not assessed 

22 in making the alignment determination, the 

23 date of the alignment determination, and any 

24 known areas of misalignment together with the 


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1 associated risks and corrective actions to ad2 dress any such areas; 

3 (B) the program has a risk management 

4 process that regularly and proactively identifies, 

5 evaluates, mitigates, and monitors risks 

6 throughout the system life cycle and commu7 nicates high-risk conditions to U.S. Customs 

8 and Border Protection and Department of 

9 Homeland Security investment decision-makers, 

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

11 risks and the status of efforts to address such 

12 risks; and 

13 (C) an independent verification and valida14 tion agent is currently under contract for the 

15 projects funded under this heading; 

16 (10) a certification by the Chief Human Capital 

17 Officer of the Department that the human capital 

18 needs of the Secure Border Initiative program are 

19 being addressed so as to ensure adequate staff and 

20 resources to effectively manage the Secure Border 

21 Initiative; and 

22 (11) an analysis by the Secretary for each seg23 ment, defined as not more than 15 miles, of fencing 

24 or tactical infrastructure, of the selected approach 

25 compared to other, alternative means of achieving 


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1 operational control, including cost, level of oper2 ational control, possible unintended effects on com3 munities, and other factors critical to the decision4 making process: 

5 Provided further, That the Secretary shall report to the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives on program progress, and obli8 gations and expenditures for all outstanding task orders 

9 as well as specific objectives to be achieved through the 

10 award of current and remaining task orders planned for 

11 the balance of available appropriations at least 15 days 

12 before the award of any task order requiring an obligation 

13 of funds in an amount greater than $25,000,000 and be14 fore the award of a task order that would cause cumulative 

15 obligations of funds to exceed 50 percent of the total 

16 amount appropriated: Provided further, That none of the 

17 funds made available under this heading may be obligated 

18 unless the Department has complied with section 

19 102(b)(1)(C)(i) of the Illegal Immigration Reform and 

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

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

22 on Appropriations of the Senate and the House of Rep23 resentatives: Provided further, That none of the funds 

24 made available under this heading may be obligated for 

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1 cised waiver authority pursuant to section 102(c) of the 

2 Illegal Immigration Reform and Immigrant Responsibility 

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

4 elapsed from the date of the publication of the decision 

5 in the Federal Register. 

6 AIR AND MARINE INTERDICTION, OPERATIONS, 

7 MAINTENANCE, AND PROCUREMENT

8 For necessary expenses for the operations, mainte9 nance, and procurement of marine vessels, aircraft, un10 manned aircraft systems, and other related equipment of 

11 the air and marine program, including operational train12 ing and mission-related travel, and rental payments for 

13 facilities occupied by the air or marine interdiction and 

14 demand reduction programs, the operations of which in15 clude the following: the interdiction of narcotics and other 

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

17 agencies in the enforcement or administration of laws en18 forced by the Department of Homeland Security; and at 

19 the discretion of the Secretary of Homeland Security, the 

20 provision of assistance to Federal, State, and local agen21 cies in other law enforcement and emergency humani22 tarian efforts, $513,826,000, to remain available until ex23 pended: Provided, That no aircraft or other related equip24 ment, with the exception of aircraft that are one of a kind 

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


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1 Border Protection requirements and aircraft that have 

2 been damaged beyond repair, shall be transferred to any 

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

4 Department of Homeland Security during fiscal year 2010 

5 without the prior approval of the Committees on Appro6 priations of the Senate and the House of Representatives. 

7 FACILITIES MANAGEMENT

8 For necessary expenses to plan, construct, renovate, 

9 equip, and maintain buildings and facilities necessary for 

10 the administration and enforcement of the laws relating 

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

12 to exceed $150,000 shall be available for payment for rent13 al space in connection with preclearance operations; and 

14 of which $279,870,000 shall remain available until ex15 pended; of which not more than $3,500,000 shall be for 

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

17 Border Protection Air and Marine facilities at El Paso 

18 International Airport, Texas. 

19 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

20 SALARIES AND EXPENSES

21 For necessary expenses for enforcement of immigra22 tion and customs laws, detention and removals, and inves23 tigations; and purchase and lease of up to 3,790 (2,350 

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

25 (increased by $1,700,000), of which not to exceed 


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1 $7,500,000 shall be available until expended for con2 ducting special operations under section 3131 of the Cus3 toms Enforcement Act of 1986 (19 U.S.C. 2081); of which 

4 not to exceed $15,000 shall be for official reception and 

5 representation expenses; of which not to exceed 

6 $1,000,000 shall be for awards of compensation to inform7 ants, to be accounted for solely under the certificate of 

8 the Secretary of Homeland Security; of which not less 

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

10 of the child pornography tipline and anti-child exploitation 

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

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

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

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

15 to fund or reimburse other Federal agencies for the costs 

16 associated with the care, maintenance, and repatriation of 

17 smuggled aliens unlawfully present in the United States: 

18 Provided, That none of the funds made available under 

19 this heading shall be available to compensate any employee 

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

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

22 may waive that amount as necessary for national security 

23 purposes and in cases of immigration emergencies: Pro24 vided further, That of the total amount provided, 

25 $15,770,000 shall be for activities in fiscal year 2010 to 


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

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

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

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

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

6 to remove them from the United States once they are 

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

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

9 the Secretary, or the designee of the Secretary, shall re10 port to the Committees on Appropriations of the Senate 

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

12 after the end of each fiscal quarter, on progress imple13 menting the preceding proviso and the funds obligated 

14 during that quarter to make that progress: Provided fur15 ther, That the Secretary shall prioritize the identification 

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

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

18 provided, not less than $2,549,180,000 shall be for deten19 tion and removal operations, including transportation of 

20 unaccompanied minor aliens: Provided further, That of the 

21 total amount provided, $6,800,000 (increased by 

22 $1,700,000) shall remain available until September 30, 

23 2011, for the Visa Security Program: Provided further, 

24 That none of the funds provided under this heading may 

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1 thority authorized under section 287(g) of the Immigra2 tion and Nationality Act (8 U.S.C. 1357(g)) if the Depart3 ment of Homeland Security Inspector General determines 

4 that the terms of the agreement governing the delegation 

5 of authority have been violated: Provided further, That 

6 none of the funds provided under this heading may be 

7 used to continue any contract for the provision of deten8 tion services if the two most recent overall performance 

9 evaluations received by the contracted facility are less than 

10 ‘‘adequate’’ or the equivalent median score in any subse11 quent performance evaluation system: Provided further, 

12 That nothing under this heading shall prevent U.S. 

13 Immigation and Customs Enforcement from exercising 

14 those authorities provided under immigration laws (as de15 fined in section 101(a)(17) of the Immigration and Na16 tionality Act (8 U.S.C. 1101(a)(17))) during priority oper17 ations pertaining to aliens convicted of a crime: Provided 

18 further, That none of the funds provided under this head19 ing may be obligated to co-locate field offices of U.S. Im20 migration and Customs Enforcement until the Secretary 

21 of Homeland Security submits to the Committees on Ap22 propriations of the Senate and the House of Representa23 tives a plan for the nationwide implementation of the Al24 ternatives to Detention Program that identifies: (1) the 

25 funds required for nationwide program implementation; 


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1 (2) the timeframe for achieving nationwide program im2 plementation; and (3) an estimate of the number of indi3 viduals who could be enrolled in a nationwide program. 

4 FEDERAL PROTECTIVE SERVICE

5 The revenues and collections of security fees credited 

6 to this account shall be available until expended for nec7 essary expenses related to the protection of Federally8 owned and leased buildings and for the operations of the 

9 Federal Protective Service: Provided, That the Secretary 

10 of Homeland Security and the Director of the Office of 

11 Management and Budget shall certify in writing to the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives no later than December 31, 

14 2009, that the operations of the Federal Protective Service 

15 will be fully funded in fiscal year 2010 through revenues 

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

17 to ensure fee collections are sufficient to ensure that the 

18 Federal Protective Service maintains not fewer than 1,200 

19 full-time equivalent staff and 900 full-time equivalent Po20 lice Officers, Inspectors, Area Commanders, and Special 

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

22 daily basis protecting and enforcing laws at Federal build23 ings (referred to as ‘‘in-service field staff’’): Provided fur24 ther, That none of the funds made available in this Act 

25 may be used to modify or restructure the bureaucratic orVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\H2892.PP H2892

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1 ganization of the Federal Protective Service as part of 

2 U.S. Immigration and Customs Enforcement. 

3 AUTOMATION MODERNIZATION

4 For expenses of immigration and customs enforce5 ment automated systems, $105,000,000, to remain avail6 able until expended. 

7 CONSTRUCTION

8 For necessary expenses to plan, construct, renovate, 

9 equip, and maintain buildings and facilities necessary for 

10 the administration and enforcement of the laws relating 

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

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

13 made available in this Act may be used to solicit or con14 sider any request to privatize facilities currently owned by 

15 the United States Government and used to detain aliens 

16 unlawfully present in the United States until the Commit17 tees on Appropriations of the Senate and the House of 

18 Representatives receive a plan for carrying out that privat19 ization. 

20 TRANSPORTATION SECURITY ADMINISTRATION

21 AVIATION SECURITY

22 For necessary expenses of the Transportation Secu23 rity Administration related to providing civil aviation secu24 rity services pursuant to the Aviation and Transportation 

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


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

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

3 shall be for official reception and representation expenses: 

4 Provided, That of the total amount made available under 

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

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

7 available for explosives detection systems; and not to ex8 ceed $855,964,000 shall be for aviation security direction 

9 and enforcement: Provided further, That of the amount 

10 made available in the preceding proviso for explosives de11 tection systems, $800,000,000 shall be available for the 

12 purchase and installation of these systems: Provided fur13 ther, That of the total amount provided, $1,250,000 shall 

14 be made available for Safe Skies Alliance to develop and 

15 enhance research and training capabilities for Transpor16 tation Security Officer improvised explosive recognition 

17 training: Provided further, That security service fees au18 thorized under section 44940 of title 49, United States 

19 Code, shall be credited to this appropriation as offsetting 

20 collections and shall be available only for aviation security: 

21 Provided further, That any funds collected and made avail22 able from aviation security fees pursuant to section 

23 44940(i) of title 49, United States Code, may, notwith24 standing paragraph (4) of such section 44940(i), be ex25 pended for the purpose of improving screening at airport 


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1 screening checkpoints, which may include the purchase 

2 and utilization of emerging technology equipment; the re3 furbishment and replacement of current equipment; the 

4 installation of surveillance systems to monitor checkpoint 

5 activities; the modification of checkpoint infrastructure to 

6 support checkpoint reconfigurations; and the creation of 

7 additional checkpoints to screen aviation passengers and 

8 airport personnel: Provided further, That the sum appro9 priated under this heading from the general fund shall be 

10 reduced on a dollar-for-dollar basis as such offsetting col11 lections are received during fiscal year 2010, so as to re12 sult in a final fiscal year appropriation from the general 

13 fund estimated at not more than $3,165,740,000: Pro14 vided further, That any security service fees collected in 

15 excess of the amount made available under this heading 

16 shall become available during fiscal year 2011: Provided 

17 further, That Members of the House of Representatives 

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

19 agencies and commissions, including the Secretary, Under 

20 Secretaries, and Assistant Secretaries of Homeland Secu21 rity; the Attorney General and Assistant Attorneys Gen22 eral and the United States attorneys; and senior members 

23 of the Executive Office of the President, including the Di24 rector of the Office of Management and Budget; shall not 

25 be exempt from Federal passenger and baggage screening. 


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1 SURFACE TRANSPORTATION SECURITY

2 For necessary expenses of the Transportation Secu3 rity Administration related to providing surface transpor4 tation security activities, $103,416,000, to remain avail5 able until September 30, 2011. 

6 TRANSPORTATION THREAT ASSESSMENT AND

7 CREDENTIALING

8 For necessary expenses for the development and im9 plementation of screening programs of the Office of 

10 Transportation Threat Assessment and Credentialing, 

11 $171,999,000, to remain available until September 30, 

12 2011: Provided, That if the Assistant Secretary of Home13 land Security (Transportation Security Administration) 

14 determines that the Secure Flight program does not need 

15 to check airline passenger names against the full terrorist 

16 watch list, the Assistant Secretary shall certify to the 

17 Committees on Appropriations of the Senate and the 

18 House of Representatives that no significant security risks 

19 are raised by screening airline passenger names only 

20 against a subset of the full terrorist watch list. 

21 TRANSPORTATION SECURITY SUPPORT

22 For necessary expenses of the Transportation Secu23 rity Administration related to providing transportation se24 curity support and intelligence pursuant to the Aviation 

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


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1 115 Stat. 597; 49 U.S.C. 40101 note), $992,980,000, to 

2 remain available until September 30, 2011: Provided, 

3 That not to exceed $5,000,000 may be obligated for head4 quarters administration until the Secretary of Homeland 

5 Security submits to the Committees on Appropriations of 

6 the Senate and the House of Representatives detailed ex7 penditure plans for checkpoint support and explosives de8 tection systems refurbishment, procurement, and installa9 tions on an airport-by-airport basis for fiscal year 2010: 

10 Provided further, That these plans shall be submitted no 

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

12 FEDERAL AIR MARSHALS

13 For necessary expenses of the Federal Air Marshals, 

14 $860,111,000. 

15 COAST GUARD

16 OPERATING EXPENSES

17 For necessary expenses for the operation and mainte18 nance of the Coast Guard, not otherwise provided for; pur19 chase or lease of not to exceed 25 passenger motor vehi20 cles, which shall be for replacement only; purchase or lease 

21 of small boats for contingent and emergent requirements 

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

23 and service-life replacements for small boats for such re24 quirements, not to exceed a total of $26,000,000; minor 

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


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1 total cost at any location; payments pursuant to section 

2 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 

3 1920); and recreation and welfare; $6,822,026,000, of 

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

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

6 deployments and other activities pursuant to section 

7 423(a)(1) of S. Con. Res. 13 (111th Congress), the concur8 rent resolution on the budget for fiscal year 2010; of which 

9 $24,500,000 shall be derived from the Oil Spill Liability 

10 Trust Fund to carry out the purposes of section 

11 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

12 2712(a)(5)); of which not to exceed $20,000 shall be for 

13 official reception and representation expenses: Provided, 

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

15 Act shall be available for administrative expenses in con16 nection with shipping commissioners in the United States: 

17 Provided further, That none of the funds made available 

18 by this Act shall be for expenses incurred for recreational 

19 vessels under section 12114 of title 46, United States 

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

21 owners and credited to this appropriation: Provided fur22 ther, That the Coast Guard shall comply with the require23 ments of section 527 of Public Law 108–136 with respect 

24 to the Coast Guard Academy. 


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1 ENVIRONMENTAL COMPLIANCE AND RESTORATION

2 For necessary expenses to carry out the environ3 mental compliance and restoration functions of the Coast 

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

5 $13,198,000, to remain available until expended. 

6 RESERVE TRAINING

7 For necessary expenses of the Coast Guard Reserve, 

8 as authorized by law; operations and maintenance of the 

9 reserve program; personnel and training costs; and equip10 ment and services; $133,632,000. 

11 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

12 For necessary expenses of acquisition, construction, 

13 renovation, and improvement of aids to navigation, shore 

14 facilities, vessels, and aircraft, including equipment related 

15 thereto; and maintenance, rehabilitation, lease and oper16 ation of facilities and equipment, as authorized by law; 

17 $1,347,480,000, of which $20,000,000 shall be derived 

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

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

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

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

22 repair, renovate, or improve vessels, small boats, and re23 lated equipment; of which $119,500,000 shall be available 

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

25 $10,000,000 shall be available until September 30, 2012, 


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1 for shore facilities and aids to navigation facilities; of 

2 which $100,000,000 shall be available for personnel com3 pensation and benefits and related costs; and of which 

4 $1,014,980,000 shall be available until September 30, 

5 2014, for the Integrated Deepwater Systems program: 

6 Provided, That of the funds made available for the Inte7 grated Deepwater Systems program, $269,000,000 is for 

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

9 further, That the Secretary of Homeland Security shall 

10 submit to the Committees on Appropriations of the Senate 

11 and the House of Representatives, in conjunction with the 

12 President’s fiscal year 2011 budget, a review of the Re13 vised Deepwater Implementation Plan that identifies any 

14 changes to the plan for the fiscal year; an annual perform15 ance comparison of Integrated Deepwater Systems pro16 gram assets to pre-Deepwater legacy assets; a status re17 port of such legacy assets; a detailed explanation of how 

18 the costs of such legacy assets are being accounted for 

19 within the Integrated Deepwater Systems program; and 

20 the earned value management system gold card data for 

21 each Integrated Deepwater Systems program asset: Pro22 vided further, That the Secretary shall submit to the Com23 mittees on Appropriations of the Senate and the House 

24 of Representatives a comprehensive review of the Revised 

25 Deepwater Implementation Plan every 5 years, beginning 


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1 in fiscal year 2011, that includes a complete projection 

2 of the acquisition costs and schedule for the duration of 

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

4 the Secretary shall annually submit to the Committees on 

5 Appropriations of the Senate and the House of Represent6 atives, at the time that the President’s budget is submitted 

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

8 future-years capital investment plan for the Coast Guard 

9 that identifies for each capital budget line item— 

10 (1) the proposed appropriation included in that 

11 budget; 

12 (2) the total estimated cost of completion; 

13 (3) projected funding levels for each fiscal year 

14 for the next 5 fiscal years or until project comple15 tion, whichever is earlier; 

16 (4) an estimated completion date at the pro17 jected funding levels; and 

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

19 of completion or estimated completion date from 

20 previous future-years capital investment plans sub21 mitted to the Committees on Appropriations of the 

22 Senate and the House of Representatives: 

23 Provided further, That the Secretary shall ensure that 

24 amounts specified in the future-years capital investment 

25 plan are consistent to the maximum extent practicable 


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1 with proposed appropriations necessary to support the 

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

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

4 of title 31, United States Code, for that fiscal year: Pro5 vided further, That any inconsistencies between the capital 

6 investment plan and proposed appropriations shall be 

7 identified and justified: Provided further, That subsections 

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

9 Veterans’ Care, Katrina Recovery, and Iraq Accountability 

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

11 apply to fiscal year 2010. 

12 ALTERATION OF BRIDGES

13 For necessary expenses for alteration or removal of 

14 obstructive bridges, as authorized by section 6 of the Tru15 man-Hobbs Act (33 U.S.C. 516), $10,000,000, to remain 

16 available until expended. 

17 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

18 For necessary expenses for applied scientific re19 search, development, test, and evaluation; and for mainte20 nance, rehabilitation, lease, and operation of facilities and 

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

22 available until expended, of which $500,000 shall be de23 rived from the Oil Spill Liability Trust Fund to carry out 

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

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


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1 be credited to and used for the purposes of this appropria2 tion funds received from State and local governments, 

3 other public authorities, private sources, and foreign coun4 tries for expenses incurred for research, development, test5 ing, and evaluation. 

6 RETIRED PAY

7 For retired pay, including the payment of obligations 

8 otherwise chargeable to lapsed appropriations for this pur9 pose, payments under the Retired Serviceman’s Family 

10 Protection and Survivor Benefits Plans, payment for ca11 reer status bonuses, concurrent receipts and combat-re12 lated special compensation under the National Defense 

13 Authorization Act, and payments for medical care of re14 tired personnel and their dependents under chapter 55 of 

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

16 available until expended. 

17 UNITED STATES SECRET SERVICE

18 SALARIES AND EXPENSES

19 For necessary expenses of the United States Secret 

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

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

22 motor vehicles; purchase of motorcycles made in the 

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

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

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


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

2 facilities on private or other property not in Government 

3 ownership or control, as may be necessary to perform pro4 tective functions; payment of per diem or subsistence al5 lowances to employees where a protective assignment dur6 ing the actual day or days of the visit of a protectee re7 quires an employee to work 16 hours per day or to remain 

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

9 in firearms matches; presentation of awards; travel of 

10 United States Secret Service employees on protective mis11 sions without regard to the limitations on such expendi12 tures in this or any other Act if approval is obtained in 

13 advance from the Committees on Appropriations of the 

14 Senate and the House of Representatives; research and 

15 development; grants to conduct behavioral research in sup16 port of protective research and operations; and payment 

17 in advance for commercial accommodations as may be nec18 essary to perform protective functions; $1,457,409,000, of 

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

20 and representation expenses; of which not to exceed 

21 $100,000 shall be to provide technical assistance and 

22 equipment to foreign law enforcement organizations in 

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

24 forensic and related support of investigations of missing 

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


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1 for a grant for activities related to the investigations of 

2 missing and exploited children and shall remain available 

3 until expended: Provided, That up to $18,000,000 pro4 vided for protective travel shall remain available until Sep5 tember 30, 2011: Provided further, That up to $1,000,000 

6 for National Special Security Events shall remain avail7 able until expended: Provided further, That the United 

8 States Secret Service is authorized to obligate funds in 

9 anticipation of reimbursements from Federal agencies and 

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

11 Code, receiving training sponsored by the James J. 

12 Rowley Training Center, except that total obligations at 

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

14 resources available under this heading at the end of the 

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

16 available under this heading shall be available to com17 pensate any employee for overtime in an annual amount 

18 in excess of $35,000, except that the Secretary of Home19 land Security, or the designee of the Secretary, may waive 

20 that amount as necessary for national security purposes: 

21 Provided further, That none of the funds made available 

22 to the United States Secret Service by this Act or by pre23 vious appropriations Acts may be made available for the 

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

25 Secretary of Homeland Security: Provided further, That 


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1 the Director of the United States Secret Service may enter 

2 into an agreement to perform such service on a fully reim3 bursable basis. 

4 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

5 RELATED EXPENSES

6 For necessary expenses for acquisition, construction, 

7 repair, alteration, and improvement of facilities, 

8 $3,975,000, to remain available until expended. 

9 TITLE III—PROTECTION, PREPAREDNESS, 

10 RESPONSE, AND RECOVERY 

11 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Office of the Under 

14 Secretary for the National Protection and Programs Di15 rectorate, support for operations, information technology, 

16 and the Office of Risk Management and Analysis, 

17 $44,577,000: Provided, That not to exceed $5,000 shall 

18 be for official reception and representation expenses. 

19 INFRASTRUCTURE PROTECTION AND INFORMATION

20 SECURITY

21 For necessary expenses for infrastructure protection 

22 and information security programs and activities, as au23 thorized by title II of the Homeland Security Act of 2002 

24 (6 U.S.C. 121 et seq.), $883,346,000, of which 

25 $744,085,000 shall remain available until September 30, 


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1 2011: Provided, That of the amount made available under 

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

3 National Cyber Security Initiative program and 

4 $25,000,000 may not be obligated for the Next Generation 

5 Networks program until the Committees on Appropria6 tions of the Senate and the House of Representatives re7 ceive and approve a plan for expenditure for that program 

8 that describes the strategic context of the program; the 

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

10 funds allocated to achieving each of those goals: Provided 

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

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

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

14 for the Power and Cyber Systems Protection, Analysis, 

15 and Testing Program at the Idaho National Laboratory; 

16 $3,500,000 is for the Cyber Security Test Bed and Eval17 uation Center; $3,000,000 is for the Multi-State Informa18 tion Sharing and Analysis Center; $500,000 is for the Vir19 ginia Operational Integration Cyber Center of Excellence; 

20 $100,000 is for the Upstate New York Cyber Initiative; 

21 and $1,000,000 is for interoperable communications, tech22 nical assistance and outreach programs. 


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1 UNITED STATES VISITOR AND IMMIGRANT STATUS

2 INDICATOR TECHNOLOGY

3 For necessary expenses for the development of the 

4 United States Visitor and Immigrant Status Indicator 

5 Technology project, as authorized by section 110 of the 

6 Illegal Immigration Reform and Immigrant Responsibility 

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

8 available until expended: Provided, That of the total 

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

10 may not be obligated for the United States Visitor and 

11 Immigrant Status Indicator Technology program until the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives receive a plan for expenditure 

14 prepared by the Secretary of Homeland Security that in15 cludes— 

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

17 progress to date relative to system capabilities or 

18 services, system performance levels, mission benefits 

19 and outcomes, milestones, cost targets, and program 

20 management capabilities; 

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

22 funds are to be obligated to meet future program 

23 commitments, with the planned expenditure of funds 

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1 fits and outcomes, and program management capa2 bilities; 

3 (3) a listing of all open Government Account4 ability Office and Office of Inspector General rec5 ommendations related to the program and the status 

6 of Department of Homeland Security actions to ad7 dress the recommendations, including milestones for 

8 fully addressing such recommendations; 

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

10 Officer of the Department that— 

11 (i) the program has been reviewed and ap12 proved in accordance with the investment man13 agement process of the Department; 

14 (ii) the process fulfills all capital planning 

15 and investment control requirements and re16 views established by the Office of Management 

17 and Budget, including as provided in Circular 

18 A–11, part 7; and 

19 (iii) the plans for the program comply with 

20 Federal acquisition rules, requirements, guide21 lines, and practices; and 

22 (B) a description by the Chief Procurement Of23 ficer of the actions being taken to address areas of 

24 non-compliance, the risks associated with such areas 


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

2 the status of the implementation of such actions; 

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

4 Officer of the Department that— 

5 (i) an independent verification and valida6 tion agent is currently under contract for the 

7 program; 

8 (ii) the system architecture of the program 

9 is sufficiently aligned with the information sys10 tems enterprise architecture of the Department 

11 to minimize future rework, including a descrip12 tion of all aspects of the architecture that were 

13 or were not assessed in making the alignment 

14 determination, the date of the alignment deter15 mination, and any known areas of misalignment 

16 along with the associated risks and corrective 

17 actions to address any such areas; and 

18 (iii) the program has a risk management 

19 process that regularly identifies, evaluates, miti20 gates, and monitors risks throughout the sys21 tem life cycle, and communicates high-risk con22 ditions to agency and Department investment 

23 decision makers; and 


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1 (B) a listing by the Chief Information Officer 

2 of all the program’s high risks and the status of ef3 forts to address them; 

4 (6) a certification by the Chief Human Capital 

5 Officer of the Department that the human capital 

6 needs of the program are being strategically and 

7 proactively managed, and that current human cap8 ital capabilities are sufficient to execute the plans 

9 discussed in the report; and 

10 (7) a detailed accounting of operation and 

11 maintenance, contractor services, and program costs 

12 associated with the management of identity services. 

13 OFFICE OF HEALTH AFFAIRS

14 For necessary expenses of the Office of Health Af15 fairs, $128,400,000, of which $30,411,000 is for salaries 

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

17 available until September 30, 2011, for biosurveillance, 

18 BioWatch, medical readiness planning, chemical response, 

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

20 Carolina Collaboratory for Bio-Preparedness, University 

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

22 to exceed $3,000 shall be for official reception and rep23 resentation expenses. 


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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 MANAGEMENT AND ADMINISTRATION

3 For necessary expenses for management and admin4 istration of the Federal Emergency Management Agency, 

5 $844,500,000, including activities authorized by the Na6 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

7 seq.), the Robert T. Stafford Disaster Relief and Emer8 gency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro 

9 Grande Fire Assistance Act of 2000 (division C of title 

10 I, 114 Stat. 583), the Earthquake Hazards Reduction Act 

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

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

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

14 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

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

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

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

18 1394): Provided, That not to exceed $3,000 shall be for 

19 official reception and representation expenses: Provided 

20 further, That the President’s budget submitted under sec21 tion 1105(a) of title 31, United States Code, shall be de22 tailed by office for the Federal Emergency Management 

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

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

25 Urban Search and Rescue Response System, of which not 


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1 to exceed $1,600,000 may be made available for adminis2 trative costs; and $6,995,000 shall be for the Office of 

3 National Capital Region Coordination. 

4 STATE AND LOCAL PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For grants, contracts, cooperative agreements, and 

7 other activities, $2,829,000,000 (increased by 

8 $7,000,000) shall be allocated as follows: 

9 (1) $950,000,000 shall be for the State Home10 land Security Grant Program under section 2004 of 

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

12 Provided, That of the amount provided by this para13 graph, $60,000,000 shall be for Operation 

14 Stonegarden: Provided further, That notwithstanding 

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

16 year 2010, the Commonwealth of Puerto Rico shall 

17 make available to local and tribal governments 

18 amounts provided to the Commonwealth of Puerto 

19 Rico under this paragraph in accordance with sub20 section (c)(1) of such section 2004. 

21 (2) $887,000,000 (increased by $3,000,000) 

22 shall be for the Urban Area Security Initiative under 

23 section 2003 of the Homeland Security Act of 2002 

24 (6 U.S.C. 604), of which, notwithstanding subsection 

25 (c)(1) of such section, $15,000,000 (increased by 


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1 $3,000,000) shall be for grants to organizations (as 

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

3 Revenue Code of 1986 and exempt from taxation 

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

5 the Secretary of Homeland Security to be at high 

6 risk of a terrorist attack. 

7 (3) $40,000,000 (increased by $4,000,000) 

8 shall be for the Metropolitan Medical Response Sys9 tem under section 635 of the Post-Katrina Emer10 gency Management Reform Act of 2006 (6 U.S.C. 

11 723). 

12 (4) $15,000,000 shall be for the Citizen Corps 

13 Program. 

14 (5) $250,000,000 shall be for Public Transpor15 tation Security Assistance and Railroad Security As16 sistance under sections 1406 and 1513 of the Imple17 menting Recommendations of the 9/11 Commission 

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

19 That such public transportation security assistance 

20 shall be provided directly to public transportation 

21 agencies. 

22 (6) $250,000,000 shall be for Port Security 

23 Grants in accordance with 46 U.S.C. 70107, not24 withstanding 46 U.S.C 70107(c). 


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1 (7) $12,000,000 shall be for Over-the-Road Bus 

2 Security Assistance under section 1532 of the Imple3 menting Recommendations of the 9/11 Commission 

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

5 (8) $50,000,000 shall be for Buffer Zone Pro6 tection Program Grants. 

7 (9) $50,000,000 shall be for grants in accord8 ance with section 204 of the REAL ID Act of 2005 

9 (49 U.S.C. 30301 note). 

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

11 Emergency Communications Grant Program under 

12 section 1809 of the Homeland Security Act of 2002 

13 (6 U.S.C. 579). 

14 (11) $40,000,000 shall remain available until 

15 expended for grants for Emergency Operations Cen16 ters under section 614 of the Robert T. Stafford 

17 Disaster Relief and Emergency Assistance Act (42 

18 U.S.C. 5196c), as detailed in the statement accom19 panying this Act. 

20 (12) $235,000,000 shall be for training, exer21 cises, technical assistance, and other programs, of 

22 which— 

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

24 Domestic Preparedness Consortium in accord25 ance with section 1204 of the Implementing 


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1 Recommendations of the 9/11 Commission Act 

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

3 shall be for the National Energetic Materials 

4 Research and Testing Center, New Mexico In5 stitute of Mining and Technology; $23,000,000 

6 shall be for the National Center for Biomedical 

7 Research and Training, Louisiana State Uni8 versity; $23,000,000 shall be for the National 

9 Emergency Response and Rescue Training Cen10 ter, Texas A&M University; $23,000,000 shall 

11 be for the National Exercise, Test, and Train12 ing Center, Nevada Test Site; and $40,000,000 

13 shall be for the Center for Domestic Prepared14 ness, Alabama; and 

15 (B) $3,000,000 shall be for the Rural Do16 mestic Preparedness Consortium, Eastern Ken17 tucky University: 

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

19 provided under this heading may be transferred to the 

20 Federal Emergency Management Agency ‘‘Management 

21 and Administration’’ account for program administration, 

22 and an expenditure plan for program administration shall 

23 be provided to the Committees on Appropriations of the 

24 Senate and the House of Representatives within 60 days 

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


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

2 applications for grants shall be made available to eligible 

3 applicants not later than 25 days after the date of enact4 ment of this Act, eligible applicants shall submit applica5 tions not later than 90 days after the grant announce6 ment, and the Administrator of the Federal Emergency 

7 Management Agency shall act within 90 days after receipt 

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

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

10 grants shall be made available to eligible applicants not 

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

12 eligible applicants shall submit applications within 45 days 

13 after the grant announcement, and the Federal Emer14 gency Management Agency shall act not later than 60 

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

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

17 of communications towers is not considered construction 

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

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

20 as determined necessary by the Secretary: Provided fur21 ther, That: (a) the Center for Domestic Preparedness may 

22 provide training to emergency response providers from the 

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1 ment under this subsection shall be credited to the account 

2 from which the expenditure being reimbursed was made 

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

4 the purposes for which amounts in the account may be 

5 expended; and (b) the head of the Center for Domestic 

6 Preparedness shall ensure that any training provided 

7 under (a) does not interfere with the primary mission of 

8 the Center to train State and local emergency response 

9 providers. 

10 FIREFIGHTER ASSISTANCE GRANTS

11 For necessary expenses for programs authorized by 

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

13 U.S.C. 2201 et seq.), $800,000,000 (increased by 

14 $10,000,000), of which $380,000,000 (increased by 

15 $10,000,000) shall be available to carry out section 33 of 

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

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

18 2229a), to remain available until September 30, 2011: 

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

20 available under this heading shall be available for program 

21 administration, and an expenditure plan for program ad22 ministration shall be provided to the Committees on Ap23 propriations of the Senate and the House of Representa24 tives within 60 days of the date of enactment of this Act. 


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1 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

2 For necessary expenses for emergency management 

3 performance grants, as authorized by the National Flood 

4 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob5 ert T. Stafford Disaster Relief and Emergency Assistance 

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

7 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re8 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

9 $330,000,000: Provided, That total administrative costs 

10 shall not exceed 3 percent of the total amount appro11 priated under this heading. 

12 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

13 The aggregate charges assessed during fiscal year 

14 2010, as authorized in title III of the Departments of Vet15 erans Affairs and Housing and Urban Development, and 

16 Independent Agencies Appropriations Act, 1999 (42 

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

18 amounts anticipated by the Department of Homeland Se19 curity necessary for its radiological emergency prepared20 ness program for the next fiscal year: Provided, That the 

21 methodology for assessment and collection of fees shall be 

22 fair and equitable and shall reflect costs of providing such 

23 services, including administrative costs of collecting such 

24 fees: Provided further, That fees received under this head25 ing shall be deposited in this account as offsetting collecVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6401 E:\BILLS\H2892.PP H2892

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1 tions and will become available for authorized purposes on 

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

3 UNITED STATES FIRE ADMINISTRATION

4 For necessary expenses of the United States Fire Ad5 ministration and for other purposes, as authorized by the 

6 Federal Fire Prevention and Control Act of 1974 (15 

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

8 2002 (6 U.S.C. 101 et seq.), $45,588,000. 

9 DISASTER RELIEF

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses in carrying out the Robert 

12 T. Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5121 et seq.), $2,000,000,000, to remain avail14 able until expended: Provided, That the Federal Emer15 gency Management Agency shall submit an expenditure 

16 plan to the Committees on Appropriations of the Senate 

17 and the House of Representatives detailing the use of the 

18 funds for disaster readiness and support within 60 days 

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

20 That the Federal Emergency Management Agency shall 

21 submit to such Committees a quarterly report detailing 

22 obligations against the expenditure plan and a justifica23 tion for any changes in spending: Provided further, That 

24 of the total amount provided, $16,000,000 shall be trans25 ferred to the Department of Homeland Security Office of 


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1 Inspector General for audits and investigations related to 

2 disasters, subject to section 503 of this Act: Provided fur3 ther, That up to $90,080,000 may be transferred to the 

4 Federal Emergency Management Agency ‘‘Management 

5 and Administration’’ account for management and admin6 istration functions: Provided further, That the amount 

7 provided in the previous proviso shall not be available for 

8 transfer to the ‘‘Management and Administration’’ ac9 count until the Federal Emergency Management Agency 

10 submits an expenditure plan to the Committees on Appro11 priations of the Senate and the House of Representatives: 

12 Provided further, That the Administrator of the Federal 

13 Emergency Management Agency shall report monthly be14 ginning July 1, 2009, to the Committee on Appropriations 

15 of the House of Representatives regarding the number of 

16 individuals and households in need of Federal disaster as17 sistance as a result of such severe storms, tornados, flood18 ing, and mudslides (under FEMA–1841–DR) but denied 

19 assistance due to failure to meet flood insurance require20 ments. Such report shall include the reasons and cir21 cumstances for each denial per individual and household: 

22 Provided further, That for any request for reimbursement 

23 from a Federal agency to the Department of Homeland 

24 Security to cover expenditures under the Robert T. Staf25 ford Disaster Relief and Emergency Assistance Act (42 


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

2 issued by the Department for such purposes, the Secretary 

3 of Homeland Security shall take appropriate steps to en4 sure that each agency is periodically reminded of Depart5 ment policies on— 

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

8 (2) the necessity for timeliness of agency bil9 lings. 

10 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

11 For activities under section 319 of the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5162), $295,000 is for the cost of direct loans: 

14 Provided, That gross obligations for the principal amount 

15 of direct loans shall not exceed $25,000,000: Provided fur16 ther, That the cost of modifying such loans shall be as 

17 defined in section 502 of the Congressional Budget Act 

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

19 FLOOD MAP MODERNIZATION FUND

20 For necessary expenses under section 1360 of the 

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

22 $220,000,000, and such additional sums as may be pro23 vided by State and local governments or other political 

24 subdivisions for cost-shared mapping activities under sec25 tion 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to reVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6401 E:\BILLS\H2892.PP H2892

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1 main available until expended: Provided, That total admin2 istrative costs shall not exceed 3 percent of the total 

3 amount appropriated under this heading. 

4 NATIONAL FLOOD INSURANCE FUND

5 For activities under the National Flood Insurance 

6 Act of 1968 (42 U.S.C. 4001 et seq.), and the Flood Dis7 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

8 $159,469,000, which shall remain available until Sep9 tember 30, 2011, and shall be derived from offsetting col10 lections assessed and collected under section 1308(b)(3) 

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

12 4015(b)(3)), which shall be available as follows: (1) not 

13 to exceed $52,149,000 for salaries and expenses associ14 ated with flood mitigation and flood insurance operations; 

15 and (2) no less than $107,320,000 for flood plain manage16 ment and flood mapping: Provided, That any additional 

17 fees collected pursuant to section 1308(b)(3) of the Na18 tional Flood Insurance Act of 1968 (42 U.S.C. 

19 4015(b)(3)) shall be credited as an offsetting collection to 

20 this account, to be available for flood plain management 

21 and flood mapping: Provided further, That if the Adminis22 trator of the Federal Emergency Management Agency de23 termines that such amount for salaries and expenses is 

24 insufficient, the Administrator of the Federal Emergency 

25 Management Agency may use amounts made available 


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1 under this heading for flood plain management and flood 

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

3 if the Administrator submits to the Committees on Appro4 priations of the Senate and the House of Representatives 

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

6 for such purpose 30 days in advance of any such use: Pro7 vided further, That in fiscal year 2010, no funds shall be 

8 available from the National Flood Insurance Fund under 

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

10 (1) $85,000,000 for operating expenses; (2) $969,370,000 

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

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

13 $120,000,000, which shall remain available until expended 

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

15 be for severe repetitive loss properties under section 

16 1361A of the National Flood Insurance Act of 1968 (42 

17 U.S.C. 4102a), of which $10,000,000 shall be for repet18 itive insurance claims properties under section 1323 of the 

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

20 and of which $40,000,000 is for flood mitigation assist21 ance under section 1366 of the National Flood Insurance 

22 Act of 1968 (42 U.S.C. 4104c) notwithstanding subpara23 graphs (B) and (C) of subsection (b)(3) and subsection 

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

25 of 1968 (42 U.S.C. 4104c) and notwithstanding subVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6401 E:\BILLS\H2892.PP H2892

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1 section (a)(7) of section 1310 of the National Flood Insur2 ance Act of 1968 (42 U.S.C. 4017): Provided further, That 

3 amounts collected under section 102 of the Flood Disaster 

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

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

6 deposited in the National Flood Insurance Fund to supple7 ment other amounts specified as available for section 1366 

8 of the National Flood Insurance Act of 1968, notwith9 standing 42 U.S.C. 4012a(f)(8), 4104c(i), and 

10 4104d(b)(2)-(3): Provided further, That total administra11 tive costs shall not exceed 4 percent of the total appropria12 tion. 

13 NATIONAL PREDISASTER MITIGATION FUND

14 For the predisaster mitigation grant program under 

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

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

17 $100,000,000, to remain available until expended and as 

18 detailed in the statement accompanying this Act: Pro19 vided, That the total administrative costs associated with 

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

21 made available under this heading. 

22 EMERGENCY FOOD AND SHELTER

23 To carry out the emergency food and shelter program 

24 pursuant to title III of the McKinney-Vento Homeless As25 sistance Act (42 U.S.C. 11331 et seq.), $200,000,000, to 


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1 remain available until expended: Provided, That total ad2 ministrative costs shall not exceed 3.5 percent of the total 

3 amount made available under this heading. 

4 TITLE IV—RESEARCH AND DEVELOPMENT, 

5 TRAINING, AND SERVICES 

6 UNITED STATES CITIZENSHIP AND IMMIGRATION

7 SERVICES

8 For necessary expenses for citizenship and immigra9 tion services, $248,000,000 (increased by $50,000,000), 

10 of which $100,000,000 shall be for processing applications 

11 for asylum or refugee status; and of which $112,000,000 

12 (increased by $50,000,000) is for the basic pilot program, 

13 as authorized by section 402 of the Illegal Immigration 

14 Reform and Immigrant Responsibility Act of 1996 (8 

15 U.S.C. 1324a note), to assist United States employers 

16 with maintaining a legal workforce: Provided, That not17 withstanding any other provision of law, funds available 

18 to United States Citizenship and Immigration Services 

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

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

21 Administrator of General Services does not provide vehi22 cles for lease: Provided further, That the Director of 

23 United States Citizenship and Immigration Services may 

24 authorize employees who are assigned to those areas to 

25 use such vehicles to travel between the employees’ resiVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6401 E:\BILLS\H2892.PP H2892

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1 dences and places of employment: Provided further, That 

2 none of the funds made available under this heading may 

3 be obligated for processing applications for asylum or ref4 ugee status unless the Secretary of Homeland Security 

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

6 Code of Federal Regulations, to discontinue the asylum/ 

7 refugee surcharge: Provided further, That none of the 

8 funds made available under this heading for may be obli9 gated for development of the ‘‘REAL ID hub’’ until the 

10 Committees on Appropriations of the Senate and the 

11 House of Representatives receive and approve a plan for 

12 expenditure for that program that describes the strategic 

13 context of the program, the specific goals and milestones 

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

15 each of these goals and milestones. 

16 FEDERAL LAW ENFORCEMENT TRAINING CENTER

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Law Enforce19 ment Training Center, including materials and support 

20 costs of Federal law enforcement basic training; the pur21 chase of not to exceed 117 vehicles for police-type use and 

22 hire of passenger motor vehicles; expenses for student ath23 letic and related activities; the conduct of and participa24 tion in firearms matches and presentation of awards; pub25 lic awareness and enhancement of community support of 


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1 law enforcement training; room and board for student in2 terns; a flat monthly reimbursement to employees author3 ized to use personal mobile phones for official duties; and 

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

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

6 shall remain available until September 30, 2011, for mate7 rials and support costs of Federal law enforcement basic 

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

9 expended for Federal law enforcement agencies partici10 pating in training accreditation, to be distributed as deter11 mined by the Federal Law Enforcement Training Center 

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

13 to exceed $12,000 shall be for official reception and rep14 resentation expenses: Provided, That the Center is author15 ized to obligate funds in anticipation of reimbursements 

16 from agencies receiving training sponsored by the Center, 

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

18 shall not exceed total budgetary resources available at the 

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

20 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), 

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

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

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

24 the Federal Law Enforcement Training Accreditation 

25 Board, including representatives from the Federal law enVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6401 E:\BILLS\H2892.PP H2892

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1 forcement community and non-Federal accreditation ex2 perts involved in law enforcement training, shall lead the 

3 Federal law enforcement training accreditation process to 

4 continue the implementation of measuring and assessing 

5 the quality and effectiveness of Federal law enforcement 

6 training programs, facilities, and instructors: Provided 

7 further, That the Director of the Federal Law Enforce8 ment Training Center shall schedule basic or advanced law 

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

10 under the control of the Federal Law Enforcement Train11 ing Center to ensure that such training facilities are oper12 ated at the highest capacity throughout the fiscal year. 

13 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

14 RELATED EXPENSES

15 For acquisition of necessary additional real property 

16 and facilities, construction, and ongoing maintenance, fa17 cility improvements, and related expenses of the Federal 

18 Law Enforcement Training Center, $43,456,000, to re19 main available until expended: Provided, That the Center 

20 is authorized to accept reimbursement to this appropria21 tion from Government agencies requesting the construc22 tion of special use facilities. 


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1 SCIENCE AND TECHNOLOGY

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Office of the Under 

4 Secretary for Science and Technology and for manage5 ment and administration of programs and activities, as 

6 authorized by title III of the Homeland Security Act of 

7 2002 (6 U.S.C. 181 et seq.), $142,200,000: Provided, 

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

9 and representation expenses. 

10 RESEARCH, DEVELOPMENT, ACQUISITION, AND

11 OPERATIONS

12 For necessary expenses for science and technology re13 search, including advanced research projects; development; 

14 test and evaluation; acquisition; and operations; as author15 ized by title III of the Homeland Security Act of 2002 

16 (6 U.S.C. 181 et seq.); $825,356,000, to remain available 

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

18 $12,000,000 shall be for construction expenses of the Pa19 cific Northwest National Laboratory: Provided further, 

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

21 National Institute for Hometown Security, Kentucky: Pro22 vided further, That not less than $2,000,000 shall be avail23 able for the Naval Postgraduate School: Provided further, 

24 That not less than $1,000,000 shall be available to con25 tinue a homeland security research, development, and 


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1 manufacturing pilot project: Provided further, That 

2 $500,000 shall be available for a demonstration project 

3 to develop situational awareness and decision support ca4 pabilities through remote sensing technologies: Provided 

5 further, That $4,000,000 shall be available for a pilot pro6 gram to develop a replicable port security system that 

7 would improve maritime domain awareness: Provided fur8 ther, That none of the funds available under this heading, 

9 in this Act, or in any previously enacted law shall be obli10 gated for construction of a National Bio– and Agro–de11 fense Facility located on the United States mainland until 

12 the Secretary of Homeland Security receives a risk assess13 ment prepared by a person who is not an officer or em14 ployee of the Department of Homeland Security of wheth15 er foot-and-mouth disease work can be done safely on the 

16 United States mainland. 

17 DOMESTIC NUCLEAR DETECTION OFFICE

18 MANAGEMENT AND ADMINISTRATION

19 For salaries and expenses of the Domestic Nuclear 

20 Detection Office as authorized by title XIX of the Home21 land Security Act of 2002 (6 U.S.C. 591 et seq.) as 

22 amended, for management and administration of pro23 grams and activities, $39,599,000: Provided, That not to 

24 exceed $3,000 shall be for official reception and represen25 tation expenses. 


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1 RESEARCH, DEVELOPMENT, AND OPERATIONS

2 For necessary expenses for radiological and nuclear 

3 research, development, testing, evaluation, and operations, 

4 $326,537,000 (increased by $50,000,000), to remain 

5 available until expended. 

6 TITLE V—GENERAL PROVISIONS 

7 (INCLUDING RESCISSIONS OF FUNDS)

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

9 this Act shall remain available for obligation beyond the 

10 current fiscal year unless expressly so provided herein. 

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

12 of this Act, the unexpended balances of prior appropria13 tions provided for activities in this Act may be transferred 

14 to appropriation accounts for such activities established 

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

16 applicable established accounts, and thereafter may be ac17 counted for as one fund for the same time period as origi18 nally enacted. 

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

20 provided by previous appropriations Acts to the agencies 

21 in or transferred to the Department of Homeland Security 

22 that remain available for obligation or expenditure in fiscal 

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

24 of the United States derived by the collection of fees avail25 able to the agencies funded by this Act, shall be available 


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1 for obligation or expenditure through a reprogramming of 

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

3 activity; (2) eliminates a program, project, office, or activ4 ity; (3) increases funds for any program, project, or activ5 ity for which funds have been denied or restricted by the 

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

7 activity by either of the Committees on Appropriations of 

8 the Senate or the House of Representatives for a different 

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

10 which funding levels were requested for Federal full-time 

11 equivalents in the object classification tables contained in 

12 the fiscal year 2010 Budget Appendix for the Department 

13 of Homeland Security, as modified by the explanatory 

14 statement accompanying this Act, unless the Committees 

15 on Appropriations of the Senate and the House of Rep16 resentatives are notified 15 days in advance of such re17 programming of funds. 

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

19 by previous appropriations Acts to the agencies in or 

20 transferred to the Department of Homeland Security that 

21 remain available for obligation or expenditure in fiscal 

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

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

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

25 be available for obligation or expenditure for programs, 


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1 projects, or activities through a reprogramming of funds 

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

3 that: (1) augments existing programs, projects, or activi4 ties; (2) reduces by 10 percent funding for any existing 

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

6 10 percent as approved by the Congress; or (3) results 

7 from any general savings from a reduction in personnel 

8 that would result in a change in existing programs, 

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

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives are notified 15 days in advance 

12 of such reprogramming of funds. 

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

14 made available for the current fiscal year for the Depart15 ment of Homeland Security by this Act or provided by 

16 previous appropriations Acts may be transferred between 

17 such appropriations, but no such appropriation, except as 

18 otherwise specifically provided, shall be increased by more 

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

20 transfer under this section shall be treated as a re21 programming of funds under subsection (b) and shall not 

22 be available for obligation unless the Committees on Ap23 propriations of the Senate and the House of Representa24 tives are notified 15 days in advance of such transfer. 


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

2 this section, no funds shall be reprogrammed within or 

3 transferred between appropriations after June 30, except 

4 in extraordinary circumstances that imminently threaten 

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

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

7 of this Act, the Secretary of Homeland Security shall sub8 mit to the Committees on Appropriations of the Senate 

9 and the House of Representatives a report listing all dollar 

10 amounts specified in this Act and accompanying explana11 tory statement that are identified in the detailed funding 

12 table at the end of the explanatory statement accom13 panying this Act or any other amounts specified in this 

14 Act or accompanying explanatory statement: Provided, 

15 That such dollar amounts specified in this Act and accom16 panying explanatory statement shall be subject to the con17 ditions and requirements of subsections (a), (b), and (c) 

18 of this section. 

19 SEC. 504. The Department of Homeland Security 

20 Working Capital Fund, established pursuant to section 

21 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

22 continue operations as a permanent working capital fund 

23 for fiscal year 2010: Provided, That none of the funds ap24 propriated or otherwise made available to the Department 

25 of Homeland Security may be used to make payments to 


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1 the Working Capital Fund, except for the activities and 

2 amounts allowed in the President’s fiscal year 2010 budg3 et: Provided further, That funds provided to the Working 

4 Capital Fund shall be available for obligation until ex5 pended to carry out the purposes of the Working Capital 

6 Fund: Provided further, That all departmental components 

7 shall be charged only for direct usage of each Working 

8 Capital Fund service: Provided further, That funds pro9 vided to the Working Capital Fund shall be used only for 

10 purposes consistent with the contributing component: Pro11 vided further, That such fund shall be paid in advance or 

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

13 service: Provided further, That the Working Capital Fund 

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

15 Act. 

16 SEC. 505. Except as otherwise specifically provided 

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

18 remaining available at the end of fiscal year 2010 from 

19 appropriations for salaries and expenses for fiscal year 

20 2010 in this Act shall remain available through September 

21 30, 2011, in the account and for the purposes for which 

22 the appropriations were provided: Provided, That prior to 

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

24 to the Committees on Appropriations of the Senate and 


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1 the House of Representatives for approval in accordance 

2 with section 503 of this Act. 

3 SEC. 506. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

5 by the Congress for purposes of section 504 of the Na6 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

7 year 2010 until the enactment of an Act authorizing intel8 ligence activities for fiscal year 2010. 

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

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

11 contract award, other transactional agreement, or to issue 

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

13 announce publicly the intention to make such an award, 

14 including a contract covered by the Federal Acquisition 

15 Regulation, unless the Secretary of Homeland Security no16 tifies the Committees on Appropriations of the Senate and 

17 the House of Representatives at least 3 full business days 

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

19 letter: Provided, That if the Secretary of Homeland Secu20 rity determines that compliance with this section would 

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

22 an award may be made without notification and the Com23 mittees on Appropriations of the Senate and the House 

24 of Representatives shall be notified not later than 5 full 

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


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1 Provided further, That no notification shall involve funds 

2 that are not available for obligation: Provided further, 

3 That the notification shall include the amount of the 

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

5 were appropriated, and the account from which the funds 

6 are being drawn: Provided further, That the Federal 

7 Emergency Management Agency shall brief the Commit8 tees on Appropriations of the Senate and the House of 

9 Representatives 5 full business days in advance of an10 nouncing publicly the intention of making an award under 

11 the State and Local Programs. 

12 SEC. 508. Notwithstanding any other provision of 

13 law, no agency shall purchase, construct, or lease any ad14 ditional facilities, except within or contiguous to existing 

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

16 law enforcement training without the advance approval of 

17 the Committees on Appropriations of the Senate and the 

18 House of Representatives, except that the Federal Law 

19 Enforcement Training Center is authorized to obtain the 

20 temporary use of additional facilities by lease, contract, 

21 or other agreement for training which cannot be accommo22 dated in existing Center facilities. 

23 SEC. 509. None of the funds appropriated or other24 wise made available by this Act may be used for expenses 

25 for any construction, repair, alteration, or acquisition 


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1 project for which a prospectus otherwise required under 

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

3 approved, except that necessary funds may be expended 

4 for each project for required expenses for the development 

5 of a proposed prospectus. 

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

7 of the Department of Homeland Security Appropriations 

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

9 2072, 2073, 2074, 2082) shall apply with respect to funds 

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

11 sections applied to funds made available in that Act. 

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

13 Act may be used in contravention of the applicable provi14 sions of the Buy American Act (41 U.S.C. 10a et seq.). 

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

16 may be used to process or approve a competition under 

17 Office of Management and Budget Circular A–76 for serv18 ices provided as of June 1, 2004, by employees (including 

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

20 States Citizenship and Immigration Services of the De21 partment of Homeland Security who are known as of that 

22 date as immigration information officers, contact rep23 resentatives, or investigative assistants. 

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

25 shall research, develop, and procure new technologies to 


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1 inspect and screen air cargo carried on passenger aircraft 

2 by the earliest date possible. 

3 (b) Checked baggage explosive detection equipment 

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

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

6 passenger aircraft to the greatest extent practicable at 

7 each airport until technologies developed under subsection 

8 (a) are available for such purpose. 

9 (c) The Assistant Secretary of Homeland Security 

10 (Transportation Security Administration) shall work with 

11 air carriers and airports to ensure that the screening of 

12 cargo carried on passenger aircraft, as defined in section 

13 44901(g)(5) of title 49, United States Code, increases in14 crementally each quarter. 

15 (d) Not later than 45 days after the end of each quar16 ter, the Assistant Secretary shall submit to the Commit17 tees on Appropriations of the Senate and the House of 

18 Representatives a report on air cargo inspection statistics 

19 by airport and air carrier detailing the incremental 

20 progress being made to meet the requirements of section 

21 44901(g)(2) of title 49, United States Code. 

22 (e) Not later than 180 days after the date of the en23 actment of this Act, the Assistant Secretary of Homeland 

24 Security (Transportation Security Administration) shall 

25 submit to the Committees on Appropriations of the Senate 


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

2 Transportation Security Administration plans to meet the 

3 requirement for screening all air cargo on passenger air4 craft by the deadline under section 44901(g) of title 49, 

5 United States Code. The report shall identify the elements 

6 of the system to screen 100 percent of cargo transported 

7 between domestic airports at a level of security commensu8 rate with the level of security for the screening of pas9 senger checked baggage. 

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

11 49, United States Code, funds appropriated or transferred 

12 to the Transportation Security Administration ‘‘Aviation 

13 Security’’, ‘‘Administration’’ and ‘‘Transportation Secu14 rity Support’’ accounts for fiscal years 2004, 2005, 2006, 

15 and 2007 that are recovered or deobligated shall be avail16 able only for the procurement or installation of explosives 

17 detection systems for air cargo, baggage, and checkpoint 

18 screening systems, subject to notification: Provided, That 

19 quarterly reports shall be submitted to the Committees on 

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

22 SEC. 515. Any funds appropriated to the Coast 

23 Guard ‘‘Acquisition, Construction, and Improvements’’ ac24 count for fiscal years 2002, 2003, 2004, 2005, and 2006 

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1 ered, collected, or otherwise received as the result of nego2 tiation, mediation, or litigation, shall be available until ex3 pended for the Fast Response Cutter program. 

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

5 month, the Chief Financial Officer of the Department of 

6 Homeland Security shall submit to the Committees on Ap7 propriations of the Senate and the House of Representa8 tives a monthly budget and staffing report for that month 

9 that includes total obligations, on-board versus funded 

10 full-time equivalent staffing levels, and the number of con11 tract employees for each office of the Department. 

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

13 (120 Stat. 1384) is amended by striking ‘‘2009’’ and in14 serting ‘‘2010’’. 

15 SEC. 518. The functions of the Federal Law Enforce16 ment Training Center instructor staff shall be classified 

17 as inherently governmental for the purpose of the Federal 

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

19 note). 

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

21 any other Act may be obligated for the development, test22 ing, deployment, or operation of any portion of a human 

23 resources management system authorized by Section 

24 9701(a) of title 5, United States Code, or by regulations 


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

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

3 (b) The Secretary of Homeland Security shall col4 laborate with employee representatives in the manner pre5 scribed in section 9701(e) of title 5, United States Code, 

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

7 of a human resources management system that is devel8 oped, tested, or deployed for persons excluded from the 

9 definition of employee as that term is defined in section 

10 7103(a)(2) of such title. 

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

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

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

14 Assistant Secretary of Homeland Security (Transpor15 tation Security Administration) reverses the determination 

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

17 threat to civil aviation security. 

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

19 used to alter operations within the Civil Engineering Pro20 gram of the Coast Guard nationwide, including civil engi21 neering units, facilities design and construction centers, 

22 maintenance and logistics commands, and the Coast 

23 Guard Academy, except that none of the funds provided 

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

25 Civil Engineering Unit unless specifically authorized by a 


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1 statute enacted after the date of the enactment of this 

2 Act. 

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

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

5 to the Office of the Secretary and Executive Management, 

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

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

8 a grant or contract funded under such headings by any 

9 means other than full and open competition. 

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

11 funds for a contract awarded— 

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

13 statute, including obligation for a purchase made 

14 under a mandated preferential program, including 

15 the AbilityOne Program, that is authorized under 

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

17 seq.); 

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

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

20 (3) in an amount less than the simplified acqui21 sition threshold described under section 302A(a) of 

22 the Federal Property and Administrative Services 

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

24 (4) by another Federal agency using funds pro25 vided through an interagency agreement. 


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

2 Homeland Security may waive the application of this sec3 tion for the award of a contract in the interest of national 

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

5 to human health or welfare. 

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

7 the Secretary of Homeland Security issues a waiver under 

8 this subsection, the Secretary shall submit notification of 

9 that waiver to the Committees on Appropriations of the 

10 Senate and the House of Representatives, including a de11 scription of the applicable contract and an explanation of 

12 why the waiver authority was used. The Secretary may 

13 not delegate the authority to grant such a waiver. 

14 (d) In addition to the requirements established by 

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

16 General of the Department of Homeland Security shall re17 view departmental contracts awarded through means other 

18 than a full and open competition to assess departmental 

19 compliance with applicable laws and regulations: Provided, 

20 That the Inspector General shall review selected contracts 

21 awarded in the previous fiscal year through other than full 

22 and open competition: Provided further, That in selecting 

23 which contracts to review, the Inspector General shall con24 sider the cost and complexity of the goods and services 

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


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1 contract to fulfilling Department missions, past perform2 ance problems on similar contracts or by the selected ven3 dor, complaints received about the award process or con4 tractor performance, and such other factors as the Inspec5 tor General deems relevant: Provided further, That the In6 spector General shall report the results of the reviews to 

7 the Committees on Appropriations of the Senate and the 

8 House of Representatives. 

9 SEC. 523. None of the funds provided by this or pre10 vious appropriations Acts shall be used to fund any posi11 tion designated as a Principal Federal Official for any 

12 Robert T. Stafford Disaster Relief and Emergency Assist13 ance Act (42 U.S.C. 5121 et seq.) declared disasters or 

14 emergencies. 

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

16 Act may be used by United States Citizenship and Immi17 gration Services to grant an immigration benefit unless 

18 the results of background checks required by law to be 

19 completed prior to the granting of the benefit have been 

20 received by United States Citizenship and Immigration 

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

22 the benefit. 

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

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

25 or other equine belonging to the Federal Government that 


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

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

3 through an adoption program that has safeguards against 

4 slaughter and inhumane treatment. 

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

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

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

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

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

10 a competition under Office of Management and Budget 

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

12 Coast Guard National Vessel Documentation Center. 

13 SEC. 528. The Secretary of Homeland Security shall 

14 require that all contracts of the Department of Homeland 

15 Security that provide award fees link such fees to success16 ful acquisition outcomes (which outcomes shall be speci17 fied in terms of cost, schedule, and performance). 

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

19 Office of the Secretary and Executive Management under 

20 this Act may be expended for any new hires by the Depart21 ment of Homeland Security that are not verified through 

22 the basic pilot program under section 401 of the Illegal 

23 Immigration Reform and Immigrant Responsibility Act of 

24 1996 (8 U.S.C. 1324a note). 


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

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

3 to prevent an individual not in the business of importing 

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

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

6 381(g)) from importing a prescription drug from Canada 

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

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

9 shall apply only to individuals transporting on their person 

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

11 exceed a 90-day supply: Provided further, That the pre12 scription drug may not be— 

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

14 102 of the Controlled Substances Act (21 U.S.C. 

15 802); or 

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

17 351 of the Public Health Service Act (42 U.S.C. 

18 262). 

19 SEC. 531. 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 regu22 lation which implements the Notice of Proposed Rule23 making related to Petitions for Aliens To Perform Tem24 porary Nonagricultural Services or Labor (H–2B) set out 

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


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

2 of 2002 (6 U.S.C. 391) is amended— 

3 (1) in subsection (a), by striking ‘‘Until Sep4 tember 30, 2009’’ and inserting ‘‘Until September 

5 30, 2010,’’; and 

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

7 30, 2009,’’ and inserting ‘‘September 30, 2010,’’. 

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

9 Act may be used for planning, testing, piloting, or devel10 oping a national identification card. 

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

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

13 days after the date that the President determines whether 

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

15 appeal is completed, the Administrator shall submit to the 

16 Committee on Homeland Security and Governmental Af17 fairs of the Senate, the Committee on Homeland Security 

18 of the House of Representatives, the Committee on Trans19 portation and Infrastructure of the House of Representa20 tives, the Committees on Appropriations of the Senate and 

21 the House of Representatives, and publish on the website 

22 of the Federal Emergency Management Agency, a report 

23 regarding that decision, which shall summarize damage 

24 assessment information used to determine whether to de25 clare a major disaster. 


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1 (b) The Administrator may redact from a report 

2 under subsection (a) any data that the Administrator de3 termines would compromise national security. 

4 (c) In this section— 

5 (1) the term ‘‘Administrator’’ means the Ad6 ministrator of the Federal Emergency Management 

7 Agency; and 

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

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

10 Stafford Disaster Relief and Emergency Assistance 

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

12 SEC. 535. Notwithstanding any other provision of 

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

14 if the Secretary of Homeland Security determine that the 

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

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

17 shall liquidate the Plum Island asset by directing the Ad18 ministrator of General Services to sell, through public sale, 

19 all real and related personal property and transportation 

20 assets that support Plum Island operations, subject to 

21 such terms and conditions as the Secretary determines are 

22 necessary to protect government interests and meet pro23 gram requirements: Provided, That the proceeds of such 

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


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

3 expended, for site acquisition, construction, and costs re4 lated to the construction of the National Bio– and Agro– 

5 defense Facility, including the costs associated with the 

6 sale, including due diligence requirements, necessary envi7 ronmental remediation at Plum Island, and reimburse8 ment of expenses incurred by the General Services Admin9 istration: Provided further, That after the completion of 

10 construction and environmental remediation, the unex11 pended balances of funds appropriated for costs referred 

12 to in the preceding proviso shall be available for transfer 

13 to the appropriate account for design and construction of 

14 a consolidated Department of Homeland Security Head15 quarters project, excluding daily operations and mainte16 nance costs, notwithstanding section 503 of this Act, and 

17 the Committees on Appropriations of the Senate and the 

18 House of Representatives shall be notified 15 days prior 

19 to such transfer. 

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

21 to report or certify to the Committees on Appropriations 

22 of the Senate and the House of Representatives may not 

23 delegate such authority to perform that act unless specifi24 cally authorized herein. 


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

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

4 the House of Representatives of any proposed transfers 

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

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

7 from the Department of the Treasury Forfeiture Fund to 

8 any agency within the Department of Homeland Security: 

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

10 transfer may be obligated until the Committees on Appro11 priations of the Senate and the House of Representatives 

12 approve the proposed transfers. 

13 SEC. 538. If the Assistant Secretary of Homeland Se14 curity (Transportation Security Administration) deter15 mines that an airport does not need to participate in the 

16 basic pilot program under section 402 of the Illegal Immi17 gration Reform and Immigrant Responsibility Act of 1996 

18 (8 U.S.C. 1324a note), the Assistant Secretary shall cer19 tify to the Committees on Appropriations of the Senate 

20 and the House of Representatives that no security risks 

21 will result from such non-participation. 

22 SEC. 539. From the unobligated balances of prior 

23 year appropriations made available for ‘‘Analysis and Op24 erations’’, $2,203,000 is rescinded. 


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1 SEC. 540. The explanatory statement referenced in 

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

3 Predisaster Mitigation Fund’’ under Federal Emergency 

4 Management Agency is deemed to be amended— 

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

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

7 following: 

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

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

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

8 (2) by striking ‘‘Santee and’’; 

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

10 ‘‘1,500,000’’; 

11 (4) by inserting after the item relating to Adju12 tant General’s Office of Emergency Preparedness 

13 the following: 

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

14 and 

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

16 the City of Santa Cruz, CA’’ and inserting ‘‘Mon17 terey County Water Resources Agency, CA’’. 

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

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

20 5133(m)) is amended by striking ‘‘September 30, 2009’’ 

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


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1 SEC. 542. From the unobligated balances of prior 

2 year appropriations made available for the ‘‘Infrastructure 

3 Protection and Information Security’’ account, 

4 $5,963,000 is rescinded. 

5 SEC. 543. From unobligated amounts that are avail6 able to the Coast Guard for fiscal year 2008 or 2009 for 

7 acquisition, construction, and improvements for shoreside 

8 facilities and aids to navigation at Coast Guard Sector 

9 Buffalo, the Secretary of Homeland Security shall use 

10 such sums as may be necessary to make improvements to 

11 the land along the northern portion of Sector Buffalo to 

12 enhance public access to the Buffalo Lighthouse and the 

13 waterfront. 

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

15 Secretary may provide to personnel appointed or assigned 

16 to serve abroad, allowances and benefits similar to those 

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

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

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

20 143 of Division A of the Consolidated Security, Disaster 

21 Assistance, and Continuing Appropriations Act, 2009 

22 (Public Law 110–329; 122 Stat. 3580 et seq.), as amend23 ed by section 101 of division J of the Omnibus Appropria24 tions Act, 2009 (Public Law 111–8), is amended by strikVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6401 E:\BILLS\H2892.PP H2892

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1 ing ‘‘September 30, 2009’’ and inserting ‘‘September 30, 

2 2011’’. 

3 (b) PROTECTION OF SOCIAL SECURITY ADMINISTRA4 TION PROGRAMS.— 

5 (1) FUNDING UNDER AGREEMENT.—Effective 

6 for fiscal years beginning on or after October 1, 

7 2009, the Commissioner of Social Security and the 

8 Secretary of Homeland Security shall enter into and 

9 maintain an agreement which shall— 

10 (A) provide funds to the Commissioner for 

11 the full costs of the responsibilities of the Com12 missioner under section 404 of the Illegal Im13 migration Reform and Immigrant Responsibility 

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

15 (i) acquiring, installing, and maintain16 ing technological equipment and systems 

17 necessary for the fulfillment of the respon18 sibilities of the Commissioner under such 

19 section 404, but only that portion of such 

20 costs that are attributable exclusively to 

21 such responsibilities; and 

22 (ii) responding to individuals who con23 test a tentative nonconfirmation provided 

24 by the basic pilot confirmation system es25 tablished under such section; 


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1 (B) subject to the availability of appropria2 tions for such purpose, provide such funds 

3 quarterly in advance of the applicable quarter 

4 based on estimating methodology agreed to by 

5 the Commissioner and the Secretary (except in 

6 such instances where the delayed enactment of 

7 an annual appropriation may preclude such 

8 quarterly payments); and 

9 (C) require an annual accounting and rec10 onciliation of the actual costs incurred and the 

11 funds provided under the agreement, which 

12 shall be jointly reviewed by the Office of the In13 spector General of the Social Security Adminis14 tration and the Office of Inspector General of 

15 the Department of Homeland Security. 

16 (2) CONTINUATION OF EMPLOYMENT

17 VERIFICATION IN ABSENCE OF TIMELY AGREE18 MENT.—In any case in which the agreement re19 quired under paragraph (1) for any fiscal year be20 ginning on or after October 1, 2009, has not been 

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

22 recent agreement between the Commissioner and the 

23 Secretary of Homeland Security providing for fund24 ing to cover the costs of the responsibilities of the 

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1 gration Reform and Immigrant Responsibility Act of 

2 1996 (8 U.S.C. 1324a note) shall be deemed in ef3 fect on an interim basis for such fiscal year until 

4 such time as an agreement required under para5 graph (1) is subsequently reached, except that the 

6 terms of such interim agreement shall be modified 

7 by the Director of the Office of Management and 

8 Budget to adjust for inflation and any increase or 

9 decrease in the volume of requests under the basic 

10 pilot confirmation system. In any case in which an 

11 interim agreement applies for any fiscal year under 

12 this paragraph, the Commissioner and the Secretary 

13 shall, not later than October 1 of such fiscal year, 

14 notify the Committee on Ways and Means of the 

15 House of Representatives, the Committees on the 

16 Judiciary of the Senate and the House of Represent17 atives, the Committees on Appropriations of the 

18 Senate and the House of Representatives, and the 

19 Committee on Finance of the Senate of the failure 

20 to reach the agreement required under paragraph 

21 (1) for such fiscal year. Until such time as the 

22 agreement required under paragraph (1) has been 

23 reached for such fiscal year, the Commissioner and 

24 the Secretary shall, not later than the end of each 

25 90-day period after October 1 of such fiscal year, 


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1 notify such Committees of the status of negotiations 

2 between the Commissioner and the Secretary in 

3 order to reach such an agreement. 

4 (c) GAO STUDY OF BASIC PILOT CONFIRMATION

5 SYSTEM.— 

6 (1) IN GENERAL.—As soon as practicable after 

7 the date of the enactment of this Act, the Comp8 troller General shall conduct a study regarding erro9 neous tentative nonconfirmations under the basic 

10 pilot confirmation system established under section 

11 404(a) of the Illegal Immigration Reform and Immi12 grant Responsibility Act of 1996 (8 U.S.C. 1324a 

13 note). 

14 (2) MATTERS TO BE STUDIED.—In the study 

15 required under paragraph (1), the Comptroller Gen16 eral shall determine and analyze— 

17 (A) the causes of erroneous tentative non18 confirmations under the basic pilot confirmation 

19 system; 

20 (B) the processes by which such erroneous 

21 tentative nonconfirmations are remedied; and 

22 (C) the effect of such erroneous tentative 

23 nonconfirmations on individuals, employers, and 

24 Federal agencies. 


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1 (3) REPORT.—Not later than 2 years after the 

2 date of the enactment of this Act, the Comptroller 

3 General shall submit the results of the study re4 quired under paragraph (1) to the Committee on 

5 Ways and Means of the House of Representatives, 

6 the Committees on the Judiciary of the Senate and 

7 the House of Representatives, the Committee on Fi8 nance of the Senate, and the Committees on Appro9 priations of the Senate and the House of Represent10 atives. 

11 (d) GAO STUDY OF EFFECTS OF BASIC PILOT PRO12 GRAM ON SMALL ENTITIES.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of the enactment of this Act, the Comp15 troller General shall submit to the Committees on 

16 the Judiciary of the Senate and the House of Rep17 resentatives and the Committees on Appropriations 

18 of the Senate and the House of Representatives a 

19 report containing the Comptroller General’s analysis 

20 of the effects of the basic pilot program described in 

21 section 404(a) of the Illegal Immigration Reform 

22 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

23 1324a note) on small entities (as defined in section 

24 601 of title 5, United States Code). The report shall 

25 detail— 


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1 (A) the costs of compliance with such pro2 gram on small entities; 

3 (B) a description and an estimate of the 

4 number of small entities enrolled and partici5 pating in such program or an explanation of 

6 why no such estimate is available; 

7 (C) the projected reporting, recordkeeping, 

8 and other compliance requirements of such pro9 gram on small entities; 

10 (D) factors that impact small entities’ en11 rollment and participation in such program, in12 cluding access to appropriate technology, geog13 raphy, entity size, and class of entity; and 

14 (E) the steps, if any, the Secretary of 

15 Homeland Security has taken to minimize the 

16 economic impact of participating in such pro17 gram on small entities. 

18 (2) DIRECT AND INDIRECT EFFECTS.—The re19 port shall cover, and treat separately, direct effects 

20 (such as wages, time, and fees spent on compliance) 

21 and indirect effects (such as the effect on cash flow, 

22 sales, and competitiveness). 

23 (3) SPECIFIC CONTENTS.—The report shall pro24 vide specific and separate details with respect to— 


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1 (A) small businesses (as defined in section 

2 601 of title 5, United States Code) with fewer 

3 than 50 employees; and 

4 (B) small entities operating in States that 

5 have mandated use of the basic pilot program. 

6 SEC. 546. (a) IN GENERAL.—Strike subparagraphs 

7 (A) through (C) that appear within section 426(b) of divi8 sion J of the Consolidated Appropriations Act, 2005 (Pub9 lic Law 108–447) and insert the following: 

10 ‘‘(A) SECRETARAY OF STATE.—One-third 

11 of the amounts deposited into the Fraud Pre12 vention and Detection Account shall remain 

13 available to the Secretary of State until ex14 pended for programs and activities— 

15 ‘‘(i) to increase the number of con16 sular and diplomatic security personnel as17 signed primarily to the function of pre18 venting and detecting fraud by applicants 

19 for visas described in subparagraph (H)(i), 

20 (H)(ii), or (L) of section 101(a)(15); 

21 ‘‘(ii) otherwise to prevent and detect 

22 visa fraud, including fraud by applicants 

23 for visas described in subparagraph (H)(i), 

24 (H)(ii), or (L) of section 101(a)(15), as 

25 well as the purchase, lease, construction, 


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1 and staffing of facilities for the processing 

2 of these classes of visa, in consultation 

3 with the Secretary of Homeland Security 

4 as appropriate; and 

5 ‘‘(iii) upon request by the Secretary of 

6 Homeland Security, to assist such Sec7 retary in carrying out the fraud prevention 

8 and detection programs and activities de9 scribed in subparagraph (B). 

10 ‘‘(B) SECRETARY OF HOMELAND SECU11 RITY.—One-third of the amounts deposited into 

12 the Fraud Prevention and Detection Account 

13 shall remain available to the Secretary of 

14 Homeland Security until expended for programs 

15 and activities to prevent and detect immigration 

16 benefit fraud, including fraud with respect to 

17 petitions filed under paragraph (1) or (2)(A) of 

18 section 214(c) to grant an alien nonimmigrant 

19 status described in subparagraph (H) or (L) of 

20 section 101(a)(15). 

21 ‘‘(C) SECRETARY OF LABOR.—One-third of 

22 the amounts deposited into the Fraud Preven23 tion and Detection Account shall remain avail24 able to the Secretary of Labor until expended 

25 for wage and hour enforcement programs and 


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1 activities otherwise authorized to be conducted 

2 by the Secretary of Labor that focus on indus3 tries likely to employ nonimmigrants, including 

4 enforcement programs and activities described 

5 in section 212(n) and enforcement programs 

6 and activities related to section 

7 214(c)(14)(A)(i).’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall take effect on the date of the enact10 ment of this Act. 

11 CLARIFICATION OF FEE AUTHORITY

12 SEC. 547. (a) IN GENERAL.—In addition to collection 

13 of registration fees described in section 244(c)(1)(B) of 

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

15 1254a(c)(1)(B)), fees for fingerprinting services, biometric 

16 services, and other necessary services may be collected 

17 when administering the program described in section 244 

18 of such Act. 

19 (b) CONSTRUCTION.—Subsection (a) shall be con20 strued to apply for fiscal year 1998 and each fiscal year 

21 thereafter. 

22 SEC. 548. Section 550(b) of the Department of 

23 Homeland Security Appropriations Act, 2007 (Public Law 

24 109–295; 6 U.S.C. 121 note) is amended by striking 

25 ‘‘three years after the date of enactment of this Act’’ and 

26 inserting ‘‘October 4, 2010’’. 


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1 SEC. 549. For Fiscal Year 2010 and thereafter, the 

2 Secretary of Homeland Security may collect fees from any 

3 non-Federal participant in a conference, seminar, exhi4 bition, symposium, or similar meeting conducted by the 

5 Department of Homeland Security in advance of the con6 ference, either directly or by entering into a contract, and 

7 those fees shall be credited to the appropriation or account 

8 from which the costs of the conference, seminar, exhi9 bition, symposium, or similar meeting are paid and shall 

10 be available to pay the costs of the Department of Home11 land Security with respect to the conference or to reim12 burse the Department for costs incurred with respect to 

13 the conference. In the event the total amount of fees col14 lected with respect to a conference exceeds the actual costs 

15 of the Department of Homeland Security with respect to 

16 the conference, the amount of such excess shall be depos17 ited into the Treasury as miscellaneous receipts. 

18 SEC. 550. From unobligated balances for fiscal year 

19 2009 made available for the Federal Emergency Manage20 ment Agency ‘‘Trucking Industry Security Grants’’ ac21 count, $5,572,000 is rescinded. 

22 SEC. 551. None of the funds made avilable in this 

23 Act may be obligated for full–scale procurement of Ad24 vanced Spectroscopic Portal monitors until the Secretary 

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1 propriations of the Senate and the House of Representa2 tives a report certifying that a significant increase in oper3 ational effectiveness will be achieved: Provided, That the 

4 Secretary shall submit separate and distinct certifications 

5 prior to the procurement of Advaced Spectroscopic Portal 

6 monitors for primary and secondary deployment that ad7 dress the unique requirements for operational effectiveness 

8 of each type of deployment: Provided further, That the 

9 Secretary shall consult with the National Academy of 

10 Sciences before making such certifications: Provided fur11 ther, That none of the funds provided in this Act may be 

12 obligated for high-risk concurrent development and pro13 duction of mutually dependent software and hardware. 

14 SEC. 552. (a) As part of a plan regarding the pro15 posed disposition of any individual who is detained, as of 

16 April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, 

17 the Secretary of Homeland Security shall conduct a threat 

18 assessment for each such individual who is proposed to 

19 be transferred to the continental United States, Alaska, 

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

21 Territories that— 

22 (1) determines the risk that the individual 

23 might instigate an act of terrorism within the conti24 nental United States, Alaska, Hawaii, the District of 


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1 Columbia, or the United States Territories if the in2 dividual were so transferred; and 

3 (2) determines the risk that the individual 

4 might advocate, coerce, or incite violent extremism, 

5 ideologically motivated criminal activity, or acts of 

6 terrorism, among inmate populations at incarcer7 ation facilities within the continental United States, 

8 Alaska, Hawaii, the District of Columbia, or the 

9 United States Territories if the individual were 

10 transferred to such a facility. 

11 (b) Section 44903(j)(2)(C) of title 49, United States 

12 Code, is amended by adding at the end the following new 

13 clause: 

14 ‘‘(v) INCLUSION OF DETAINEES ON NO

15 FLY LIST.—The Assistant Secretary, in co16 ordination with the Terrorist Screening 

17 Center, shall include on the No Fly List 

18 any individual who was a detainee held at 

19 the Naval Station, Guantanamo Bay, 

20 Cuba, unless the President certifies in 

21 writing to Congress that the detainee poses 

22 no threat to the United States, its citizens, 

23 or its allies. For purposes of this clause, 

24 the term ‘detainee’ means an individual in 

25 the custody or under the physical control 


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1 of the United States as a result of armed 

2 conflict.’’. 

3 (c) None of the funds made available in this Act may 

4 be used to provide any immigration benefit (including a 

5 visa, admission into the United States, parole into the 

6 United States, or classification as a refugee or applicant 

7 for asylum) to any individual who is detained, as of April 

8 20, 2009, at Naval Station, Guantanamo Bay, Cuba. 

9 (d) Nothing in subsections (b) and (c) shall be con10 strued to prohibit a detainee held at Guantanamo Bay 

11 from being brought to the United States for prosecution. 

12 SEC. 553. None of the funds made available under 

13 this Act may be used to close or transfer the operations 

14 of the Florida Long Term Recovery Office of the Federal 

15 Emergency Management Administration located in Or16 lando, Florida. 

17 SEC. 554. None of the funds made available in this 

18 Act may be used for first-class travel by the employees 

19 of agencies funded by this Act in contravention of sections 

20 301–10.122 through 301.10–124 of title 41, Code of Fed21 eral Regulations. 

22 SEC. 555. No funds appropriated by this Act may be 

23 used to impose any negative personnel action against any 

24 Department of Homeland Security employee who engages 

25 with the public in the course of the employee’s duties, for 


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1 the use of surgical masks, N95 respirators, gloves, or hand 

2 sanitizer. 

3 SEC. 556. None of the funds made available in this 

4 Act may be used to employ workers described in section 

5 274A(h)(3) of the Immigration and Nationality Act (8 

6 U.S.C. 1324a(h)(3)). 

7 This Act may be cited as the ‘‘Department of Home8 land Security Appropriations Act, 2010’’. 

9 That the following sums are appropriated, out of any 

10 money in the Treasury not otherwise appropriated, for the 

11 Department of Homeland Security for the fiscal year end12 ing September 30, 2010, and for other purposes, namely: 

13 TITLE I 

14 DEPARTMENTAL MANAGEMENT AND 

15 OPERATIONS 

16 OFFICE OF THE SECRETARY AND EXECUTIVE

17 MANAGEMENT

18 For necessary expenses of the Office of the Secretary 

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

20 Homeland Security Act of 2002 (6 U.S.C. 112), and execu21 tive management of the Department of Homeland Security, 

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

23 exceed $60,000 shall be for official reception and representa24 tion expenses, of which $20,000 shall be made available to 

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1 gotiations in Washington, DC: Provided further, That 

2 $20,000,000 shall not be available for obligation for the Of3 fice of Policy until the Secretary submits an expenditure 

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

5 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

6 For necessary expenses of the Office of the Under Sec7 retary for Management, as authorized by sections 701 

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

9 U.S.C. 341 through 345), $307,690,000, of which not to ex10 ceed $3,000 shall be for official reception and representation 

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

12 shall remain available until expended solely for the alter13 ation and improvement of facilities, tenant improvements, 

14 and relocation costs to consolidate Department head15 quarters operations at the Nebraska Avenue Complex; and 

16 $17,131,000 shall remain available until expended for the 

17 Human Resources Information Technology program. 

18 OFFICE OF THE CHIEF FINANCIAL OFFICER

19 For necessary expenses of the Office of the Chief Finan20 cial Officer, as authorized by section 103 of the Homeland 

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

22 $11,000,000 shall remain available until expended for fi23 nancial systems consolidation efforts: Provided, That of the 

24 total amount made available under this heading, 

25 $5,000,000 shall not be obligated until the Chief Financial 


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1 Officer or an individual acting in such capacity submits 

2 a financial management improvement plan that addresses 

3 the recommendations outlined in the Department of Home4 land Security Office of Inspector General report # OIG– 

5 09–72, including yearly measurable milestones, to the Com6 mittees on Appropriations of the Senate and the House of 

7 Representatives: Provided further, That the plan described 

8 in the preceding proviso shall be submitted not later than 

9 January 4, 2010. 

10 OFFICE OF THE CHIEF INFORMATION OFFICER

11 For necessary expenses of the Office of the Chief Infor12 mation Officer, as authorized by section 103 of the Home13 land Security Act of 2002 (6 U.S.C. 113), and Department14 wide technology investments, $338,393,000; of which 

15 $86,912,000 shall be available for salaries and expenses; 

16 and of which $251,481,000, to remain available until ex17 pended, shall be available for development and acquisition 

18 of information technology equipment, software, services, 

19 and related activities for the Department of Homeland Se20 curity: Provided, That of the total amount appropriated, 

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

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

23 available for power capabilities upgrades at Data Center 

24 One (National Center for Critical Information Processing 

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


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1 Officer shall submit to the Committees on Appropriations 

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

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

4 expenditure plan for all information technology acquisition 

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

6 funded by multiple components of the Department of Home7 land Security through reimbursable agreements: Provided 

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

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

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

11 ANALYSIS AND OPERATIONS

12 For necessary expenses for intelligence analysis and 

13 operations coordination activities, as authorized by title II 

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

15 $347,845,000, of which not to exceed $5,000 shall be for offi16 cial reception and representation expenses; and of which 

17 $208,145,000 shall remain available until September 30, 

18 2011. 

19 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

20 COAST REBUILDING

21 For necessary expenses of the Office of the Federal Co22 ordinator for Gulf Coast Rebuilding, $2,000,000. 

23 OFFICE OF THE INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector Gen25 eral in carrying out the provisions of the Inspector General 


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

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

3 operational expenses, including the payment of informants, 

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

5 TITLE II 

6 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

7 U.S. CUSTOMS AND BORDER PROTECTION

8 SALARIES AND EXPENSES

9 For necessary expenses for enforcement of laws relating 

10 to border security, immigration, customs, agricultural in11 spections and regulatory activities related to plant and ani12 mal imports, and transportation of unaccompanied minor 

13 aliens; purchase and lease of up to 4,500 (4,000 for replace14 ment only) police-type vehicles; and contracting with indi15 viduals for personal services abroad; $8,075,649,000, of 

16 which $3,226,000 shall be derived from the Harbor Mainte17 nance Trust Fund for administrative expenses related to the 

18 collection of the Harbor Maintenance Fee pursuant to sec19 tion 9505(c)(3) of the Internal Revenue Code of 1986 (26 

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

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

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

23 and representation expenses; of which not less than 

24 $309,629,000 shall be for Air and Marine Operations; of 

25 which such sums as become available in the Customs User 


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

2 the Consolidated Omnibus Budget Reconciliation Act of 

3 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that ac4 count; of which not to exceed $150,000 shall be available 

5 for payment for rental space in connection with 

6 preclearance operations; and of which not to exceed 

7 $1,000,000 shall be for awards of compensation to inform8 ants, to be accounted for solely under the certificate of the 

9 Secretary of Homeland Security: Provided, That for fiscal 

10 year 2010, the overtime limitation prescribed in section 

11 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 

12 267(c)(1)) shall be $35,000; and notwithstanding any other 

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

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

15 Customs and Border Protection for overtime, from whatever 

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

17 in individual cases determined by the Secretary of Home18 land Security, or the designee of the Secretary, to be nec19 essary for national security purposes, to prevent excessive 

20 costs, or in cases of immigration emergencies: Provided fur21 ther, That of the total amount provided, $1,700,000 shall 

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

23 Advanced Passenger Information/Passenger Name Record 

24 Program. 


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1 AUTOMATION MODERNIZATION

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

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

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

5 the development of the Automated Commercial Environ6 ment: Provided, That of the total amount made available 

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

8 the Automated Commercial Environment program until 30 

9 days after the Committees on Appropriations of the Senate 

10 and the House of Representatives receive a report on the 

11 results to date and plans for the program from the Depart12 ment of Homeland Security. 

13 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

14 TECHNOLOGY

15 For expenses for border security fencing, infrastruc16 ture, and technology, $800,000,000, to remain available 

17 until expended: Provided, That of the amount provided 

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

19 the Committees on Appropriations of the Senate and the 

20 House of Representatives receive a plan for expenditure, 

21 prepared by the Secretary of Homeland Security and sub22 mitted not later than 90 days after the date of the enact23 ment of this Act, for a program to establish and maintain 

24 a security barrier along the borders of the United States 


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

2 forms of tactical infrastructure and technology. 

3 AIR AND MARINE INTERDICTION, OPERATIONS, 

4 MAINTENANCE, AND PROCUREMENT

5 For necessary expenses for the operations, mainte6 nance, and procurement of marine vessels, aircraft, un7 manned aerial systems, and other related equipment of the 

8 air and marine program, including operational training 

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

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

11 the provision of support to Federal, State, and local agen12 cies in the enforcement or administration of laws enforced 

13 by the Department of Homeland Security; and at the dis14 cretion of the Secretary of Homeland Security, the provi15 sion of assistance to Federal, State, and local agencies in 

16 other law enforcement and emergency humanitarian efforts, 

17 $515,826,000, to remain available until expended: Pro18 vided, That no aircraft or other related equipment, with 

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

20 been identified as excess to U.S. Customs and Border Pro21 tection requirements and aircraft that have been damaged 

22 beyond repair, shall be transferred to any other Federal 

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

24 Homeland Security during fiscal year 2010 without the 


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1 prior approval of the Committees on Appropriations of the 

2 Senate and the House of Representatives. 

3 CONSTRUCTION AND FACILITIES MANAGEMENT

4 For necessary expenses to plan, construct, renovate, 

5 equip, and maintain buildings and facilities necessary for 

6 the administration and enforcement of the laws relating to 

7 customs and immigration, $316,070,000, to remain avail8 able until expended, of which $39,700,000 shall be for the 

9 Advanced Training Center: Provided, That for fiscal year 

10 2011 and thereafter, the annual budget submission of U.S. 

11 Customs and Border Protection for ‘‘Construction and Fa12 cilities Management’’ shall, in consultation with the Gen13 eral Services Administration, include a detailed 5-year 

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

15 a yearly update of total projected future funding needs. 

16 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

17 SALARIES AND EXPENSES

18 For necessary expenses for enforcement of immigration 

19 and customs laws, detention and removals, and investiga20 tions; and purchase and lease of up to 3,790 (2,350 for re21 placement only) police-type vehicles; $5,360,100,000, of 

22 which not to exceed $7,500,000 shall be available until ex23 pended for conducting special operations under section 3131 

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

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


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1 and representation expenses; of which not to exceed 

2 $1,000,000 shall be for awards of compensation to inform3 ants, to be accounted for solely under the certificate of the 

4 Secretary of Homeland Security; of which not less than 

5 $305,000 shall be for promotion of public awareness of the 

6 child pornography tipline and anti-child exploitation ac7 tivities; of which not less than $5,400,000 shall be used to 

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

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

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

11 or reimburse other Federal agencies for the costs associated 

12 with the care, maintenance, and repatriation of smuggled 

13 aliens unlawfully present in the United States: Provided, 

14 That none of the funds made available under this heading 

15 shall be available to compensate any employee for overtime 

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

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

18 amount as necessary for national security purposes and in 

19 cases of immigration emergencies: Provided further, That 

20 of the total amount provided, $15,770,000 shall be for ac21 tivities in fiscal year 2010 to enforce laws against forced 

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

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

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

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


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

2 States once they are judged deportable: Provided further, 

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

4 report to the Committees on Appropriations of the Senate 

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

6 progress implementing the preceding proviso, and the funds 

7 obligated during that quarter to make that progress: Pro8 vided further, That funding made available under this 

9 heading shall maintain a level of not less than 33,400 deten10 tion beds through September 30, 2010: Provided further, 

11 That of the total amount provided, not less than 

12 $2,539,180,000 is for detention and removal operations, in13 cluding transportation of unaccompanied minor aliens: 

14 Provided further, That of the total amount provided, 

15 $6,800,000 shall remain available until September 30, 

16 2011, for the Visa Security Program: Provided further, 

17 That nothing under this heading shall prevent U.S. Immi18 gration and Customs Enforcement from exercising those au19 thorities provided under immigration laws (as defined in 

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

21 (8 U.S.C. 1101(a)(17))) during priority operations per22 taining to aliens convicted of a crime. 

23 AUTOMATION MODERNIZATION

24 For expenses of immigration and customs enforcement 

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


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

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

3 Committees on Appropriations of the Senate and the House 

4 of Representatives receive an expenditure plan prepared by 

5 the Secretary of Homeland Security. 

6 TRANSPORTATION SECURITY ADMINISTRATION

7 AVIATION SECURITY

8 For necessary expenses of the Transportation Security 

9 Administration related to providing civil aviation security 

10 services pursuant to the Aviation and Transportation Secu11 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 

12 40101 note), $5,237,828,000, to remain available until Sep13 tember 30, 2011, of which not to exceed $10,000 shall be 

14 for official reception and representation expenses: Provided, 

15 That of the total amount made available under this head16 ing, not to exceed $4,395,195,000 shall be for screening oper17 ations, of which $1,154,775,000 shall be available for explo18 sives detection systems; and not to exceed $842,633,000 shall 

19 be for aviation security direction and enforcement: Provided 

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

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

22 be available for the purchase and installation of these sys23 tems, of which not less than 28 percent shall be available 

24 for the purchase and installation of certified explosives de25 tection systems at medium- and small-sized airports: ProVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\H2892.PP H2892

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1 vided further, That any award to deploy explosives detec2 tion systems shall be based on risk, the airports current reli3 ance on other screening solutions, lobby congestion resulting 

4 in increased security concerns, high injury rates, airport 

5 readiness, and increased cost effectiveness: Provided further, 

6 That security service fees authorized under section 44940 

7 of title 49, United States Code, shall be credited to this ap8 propriation as offsetting collections and shall be available 

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

10 collected and made available from aviation security fees 

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

12 may, notwithstanding paragraph (4) of such section 

13 44940(i), be expended for the purpose of improving screen14 ing at airport screening checkpoints, which may include the 

15 purchase and utilization of emerging technology equipment; 

16 the refurbishment and replacement of current equipment; 

17 the installation of surveillance systems to monitor check18 point activities; the modification of checkpoint infrastruc19 ture to support checkpoint reconfigurations; and the cre20 ation of additional checkpoints to screen aviation pas21 sengers and airport personnel: Provided further, That the 

22 sum appropriated under this heading from the general fund 

23 shall be reduced on a dollar-for-dollar basis as such offset24 ting collections are received during fiscal year 2010, so as 

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1 eral fund estimated at not more than $3,137,828,000: Pro2 vided further, That any security service fees collected in ex3 cess of the amount made available under this heading shall 

4 become available during fiscal year 2011: Provided further, 

5 That Members of the United States House of Representa6 tives and United States Senate, including the leadership; 

7 the heads of Federal agencies and commissions, including 

8 the Secretary, Deputy Secretary, Under Secretaries, and 

9 Assistant Secretaries of the Department of Homeland Secu10 rity; the United States Attorney General and Assistant At11 torneys General and the United States attorneys; and senior 

12 members of the Executive Office of the President, including 

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

14 not be exempt from Federal passenger and baggage screen15 ing. 

16 SURFACE TRANSPORTATION SECURITY

17 For necessary expenses of the Transportation Security 

18 Administration related to providing surface transportation 

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

20 September 30, 2011. 

21 TRANSPORTATION THREAT ASSESSMENT AND

22 CREDENTIALING

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1 tation Threat Assessment and Credentialing, $171,999,000, 

2 to remain available until September 30, 2011. 

3 TRANSPORTATION SECURITY SUPPORT

4 For necessary expenses of the Transportation Security 

5 Administration related to providing transportation secu6 rity support and intelligence pursuant to the Aviation and 

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

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

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

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

11 not be obligated for headquarters administration until the 

12 Secretary of Homeland Security submits to the Committees 

13 on Appropriations of the Senate and the House of Rep14 resentatives detailed expenditure plans for air cargo secu15 rity, and for checkpoint support and explosives detection 

16 systems refurbishment, procurement, and installations on 

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

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

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

20 FEDERAL AIR MARSHALS

21 For necessary expenses of the Federal Air Marshals, 

22 $860,111,000. 


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1 COAST GUARD

2 OPERATING EXPENSES

3 For necessary expenses for the operation and mainte4 nance of the Coast Guard, not otherwise provided for; pur5 chase or lease of not to exceed 25 passenger motor vehicles, 

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

7 of small boats for contingent and emergent requirements (at 

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

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

10 $26,000,000; minor shore construction projects not exceed11 ing $1,000,000 in total cost at any location; payments pur12 suant to section 156 of Public Law 97–377 (42 U.S.C. 402 

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

14 $6,838,291,000, of which $581,503,000 shall be for defense15 related activities, $241,503,000 of which are designated as 

16 being for overseas deployments and other activities pursu17 ant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 

18 (111th Congress), the concurrent resolution on the budget 

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

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

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

22 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed $20,000 

23 shall be for official reception and representation expenses; 

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

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


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1 and making improvements, including customized tenant 

2 improvements, to any replacement or expanded Operations 

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

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

5 for administrative expenses in connection with shipping 

6 commissioners in the United States: Provided further, That 

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

8 expenses incurred for recreational vessels under section 

9 12114 of title 46, United States Code, except to the extent 

10 fees are collected from yacht owners and credited to this 

11 appropriation: Provided further, That the Coast Guard 

12 shall comply with the requirements of section 527 of Public 

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

14 Provided further, That of the funds provided under this 

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

16 Headquarters Directorates until the second quarter acquisi17 tion report required by Public Law 108–7 and the fiscal 

18 year 2008 joint explanatory statement accompanying Pub19 lic Law 110–161 is received by the Committees on Appro20 priations of the Senate and the House of Representatives. 

21 ENVIRONMENTAL COMPLIANCE AND RESTORATION

22 For necessary expenses to carry out the environmental 

23 compliance and restoration functions of the Coast Guard 

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

25 $13,198,000, to remain available until expended. 


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1 RESERVE TRAINING

2 For necessary expenses of the Coast Guard Reserve, as 

3 authorized by law; operations and maintenance of the re4 serve program; personnel and training costs; and equipment 

5 and services; $133,632,000. 

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 For necessary expenses of acquisition, construction, 

8 renovation, and improvement of aids to navigation, shore 

9 facilities, vessels, and aircraft, including equipment related 

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

12 $1,597,580,000, of which $20,000,000 shall be derived from 

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

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

15 U.S.C. 2712(a)(5)); of which $123,000,000 shall be avail16 able until September 30, 2014, to acquire, repair, renovate, 

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

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

19 2012, for other equipment; of which $27,100,000 shall be 

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

21 aids to navigation facilities, including not less than 

22 $300,000 for the Coast Guard Academy Pier and not less 

23 than $16,800,000 for Coast Guard Station Cleveland Har24 bor; of which $105,200,000 shall be available for personnel 

25 compensation and benefits and related costs; and of which 


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

2 for the Integrated Deepwater Systems program: Provided, 

3 That of the funds made available for the Integrated Deep4 water Systems program, $305,500,000 is for aircraft and 

5 $734,680,000 is for surface ships: Provided further, That 

6 the Secretary of Homeland Security shall submit to the 

7 Committees on Appropriations of the Senate and the House 

8 of Representatives, in conjunction with the President’s fis9 cal year 2011 budget, a review of the Revised Deepwater 

10 Implementation Plan that identifies any changes to the 

11 plan for the fiscal year; an annual performance comparison 

12 of Integrated Deepwater Systems program assets to pre13 Deepwater legacy assets; a status report of legacy assets; 

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

15 being accounted for within the Integrated Deepwater Sys16 tems program; and the earned value management system 

17 gold card data for each Integrated Deepwater Systems pro18 gram asset: Provided further, That the Secretary shall sub19 mit to the Committees on Appropriations of the Senate and 

20 the House of Representatives a comprehensive review of the 

21 Revised Deepwater Implementation Plan every 5 years, be22 ginning in fiscal year 2011, that includes a complete projec23 tion of the acquisition costs and schedule for the duration 

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

25 the Secretary shall annually submit to the Committees on 


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1 Appropriations of the Senate and the House of Representa2 tives, at the time that the President’s budget is submitted 

3 under section 1105(a) of title 31, United States Code, a fu4 ture-years capital investment plan for the Coast Guard that 

5 identifies for each capital budget line item— 

6 (1) the proposed appropriation included in that 

7 budget; 

8 (2) the total estimated cost of completion; 

9 (3) projected funding levels for each fiscal year 

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

11 whichever is earlier; 

12 (4) an estimated completion date at the projected 

13 funding levels; and 

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

15 completion or estimated completion date from pre16 vious future-years capital investment plans submitted 

17 to the Committees on Appropriations of the Senate 

18 and the House of Representatives: 

19 Provided further, That the Secretary shall ensure that 

20 amounts specified in the future-years capital investment 

21 plan are consistent to the maximum extent practicable with 

22 proposed appropriations necessary to support the programs, 

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

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

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


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1 That any inconsistencies between the capital investment 

2 plan and proposed appropriations shall be identified and 

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

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

5 Katrina Recovery, and Iraq Accountability Appropriations 

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

7 2010. 

8 ALTERATION OF BRIDGES

9 For necessary expenses for alteration or removal of ob10 structive bridges, as authorized by section 6 of the Truman11 Hobbs Act (33 U.S.C. 516), $4,000,000, to remain available 

12 until expended: Provided, That of the amounts made avail13 able under this heading, $4,000,000 shall be for the Fort 

14 Madison Bridge in Fort Madison, Iowa. 

15 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

16 For necessary expenses for applied scientific research, 

17 development, test, and evaluation; and for maintenance, re18 habilitation, lease, and operation of facilities and equip19 ment; as authorized by law; $29,745,000, to remain avail20 able until expended, of which $500,000 shall be derived from 

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

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

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

24 to and used for the purposes of this appropriation funds 

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1 thorities, private sources, and foreign countries for expenses 

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

3 RETIRED PAY

4 For retired pay, including the payment of obligations 

5 otherwise chargeable to lapsed appropriations for this pur6 pose, payments under the Retired Serviceman’s Family 

7 Protection and Survivor Benefits Plans, payment for career 

8 status bonuses, concurrent receipts and combat-related spe9 cial compensation under the National Defense Authoriza10 tion Act, and payments for medical care of retired per11 sonnel and their dependents under chapter 55 of title 10, 

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

13 until expended. 

14 UNITED STATES SECRET SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Secret 

17 Service, including purchase of not to exceed 652 vehicles 

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

19 only, and hire of passenger motor vehicles; purchase of mo20 torcycles made in the United States; hire of aircraft; serv21 ices of expert witnesses at such rates as may be determined 

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

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

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

25 in Government ownership or control, as may be necessary 


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1 to perform protective functions; payment of per diem or 

2 subsistence allowances to employees where a protective as3 signment during the actual day or days of the visit of a 

4 protectee requires an employee to work 16 hours per day 

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

6 participation in firearms matches; presentation of awards; 

7 travel of United States Secret Service employees on protec8 tive missions without regard to the limitations on such ex9 penditures in this or any other Act if approval is obtained 

10 in advance from the Committees on Appropriations of the 

11 Senate and the House of Representatives; research and de12 velopment; grants to conduct behavioral research in support 

13 of protective research and operations; and payment in ad14 vance for commercial accommodations as may be necessary 

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

16 not to exceed $25,000 shall be for official reception and rep17 resentation expenses; of which not to exceed $100,000 shall 

18 be to provide technical assistance and equipment to foreign 

19 law enforcement organizations in counterfeit investigations; 

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

21 of investigations of missing and exploited children; and of 

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

23 to the investigations of missing and exploited children and 

24 shall remain available until expended: Provided, That up 

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


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

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

3 remain available until expended: Provided further, That the 

4 United States Secret Service is authorized to obligate funds 

5 in anticipation of reimbursements from Federal agencies 

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

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

8 Rowley Training Center, except that total obligations at the 

9 end of the fiscal year shall not exceed total budgetary re10 sources available under this heading at the end of the fiscal 

11 year: Provided further, That none of the funds made avail12 able under this heading shall be available to compensate 

13 any employee for overtime in an annual amount in excess 

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

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

16 as necessary for national security purposes: Provided fur17 ther, That none of the funds appropriated to the United 

18 States Secret Service by this Act or by previous appropria19 tions Acts may be made available for the protection of the 

20 head of a Federal agency other than the Secretary of Home21 land Security: Provided further, That the Director of the 

22 United States Secret Service may enter into an agreement 

23 to perform such service on a fully reimbursable basis: Pro24 vided further, That the United States Secret Service shall 

25 open an international field office in Tallinn, Estonia to 


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1 combat electronic crimes with funds made available under 

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

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

4 until enactment into law of authorizing legislation that in5 corporates the authorities of the United States Secret Serv6 ice Uniformed Division into the United States Code, includ7 ing restructuring the United States Secret Service Uni8 formed Division’s pay chart. 

9 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

10 RELATED EXPENSES

11 For necessary expenses for acquisition, construction, 

12 repair, alteration, and improvement of facilities, 

13 $3,975,000, to remain available until expended. 

14 TITLE III 

15 PROTECTION, PREPAREDNESS, RESPONSE, AND 

16 RECOVERY 

17 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

18 SALARIES AND EXPENSES

19 For salaries and expenses of the Office of the Under 

20 Secretary for the National Protection and Programs Direc21 torate, support for operations, information technology, and 

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

23 Provided, That not to exceed $5,000 shall be for official re24 ception and representation expenses. 


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1 INFRASTRUCTURE PROTECTION AND INFORMATION

2 SECURITY

3 For necessary expenses for infrastructure protection 

4 and information security programs and activities, as au5 thorized by title II of the Homeland Security Act of 2002 

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

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

8 That of the total amount provided, $20,000,000 is for nec9 essary expenses of the National Infrastructure Simulation 

10 and Analysis Center. 

11 UNITED STATES VISITOR AND IMMIGRANT STATUS

12 INDICATOR TECHNOLOGY

13 For necessary expenses for the development of the 

14 United States Visitor and Immigrant Status Indicator 

15 Technology project, as authorized by section 110 of the Ille16 gal Immigration Reform and Immigrant Responsibility Act 

17 of 1996 (8 U.S.C. 1365a), $378,194,000, to remain avail18 able until expended: Provided, That of the total amount 

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

20 be obligated for the United States Visitor and Immigrant 

21 Status Indicator Technology project until the Committees 

22 on Appropriations of the Senate and the House of Rep23 resentatives receive a plan for expenditure prepared by the 

24 Secretary of Homeland Security not later than 90 days 

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


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

2 prior year appropriations shall remain available and be 

3 obligated solely for implementation of a biometric air exit 

4 capability. 

5 FEDERAL PROTECTIVE SERVICE

6 The revenues and collections of security fees credited 

7 to this account shall be available until expended for nec8 essary expenses related to the protection of federally-owned 

9 and leased buildings and for the operations of the Federal 

10 Protective Service: Provided, That the Secretary of Home11 land Security and the Director of the Office of Management 

12 and Budget shall certify in writing to the Committees on 

13 Appropriations of the Senate and the House of Representa14 tives no later than December 31, 2009, that the operations 

15 of the Federal Protective Service will be fully funded in fis16 cal year 2010 through revenues and collection of security 

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

18 sufficient to ensure that the Federal Protective Service 

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

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

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

22 are directly engaged on a daily basis protecting and enforc23 ing laws at Federal buildings (referred to as ‘‘in-service 

24 field staff’’). 


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1 OFFICE OF HEALTH AFFAIRS

2 For necessary expenses of the Office of Health Affairs, 

3 $135,000,000, of which $30,411,000 is for salaries and ex4 penses; and of which $104,589,000 is to remain available 

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

6 medical readiness planning, chemical response, and other 

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

8 official reception and representation expenses. 

9 FEDERAL EMERGENCY MANAGEMENT AGENCY

10 MANAGEMENT AND ADMINISTRATION

11 For necessary expenses for management and adminis12 tration of the Federal Emergency Management Agency, 

13 $859,700,000, including activities authorized by the Na14 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), 

15 the Robert T. Stafford Disaster Relief and Emergency As16 sistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire 

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

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

19 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. 

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

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

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

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

24 Emergency Management Reform Act of 2006 (Public Law 

25 109–295; 120 Stat. 1394): Provided, That not to exceed 


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1 $3,000 shall be for official reception and representation ex2 penses: Provided further, That the President’s budget sub3 mitted under section 1105(a) of title 31, United States 

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

5 Management Agency: Provided further, That of the total 

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

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

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

9 for administrative costs; and $6,995,000 shall be for the Of10 fice of National Capital Region Coordination: Provided fur11 ther, That for purposes of planning, coordination, execu12 tion, and decision-making related to mass evacuation dur13 ing a disaster, the Governors of the State of West Virginia 

14 and the Commonwealth of Pennsylvania, or their designees, 

15 shall be incorporated into efforts to integrate the activities 

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

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

18 107–296, the Homeland Security Act of 2002. 

19 STATE AND LOCAL PROGRAMS

20 (INCLUDING TRANSFER OF FUNDS)

21 For grants, contracts, cooperative agreements, and 

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

23 (1) $950,000,000 shall be for the State Homeland 

24 Security Grant Program under section 2004 of the 

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

3 Stonegarden. 

4 (2) $887,000,000 shall be for the Urban Area Se5 curity Initiative under section 2003 of the Homeland 

6 Security Act of 2002 (6 U.S.C. 604), of which, not7 withstanding subsection (c)(1) of such section, 

8 $20,000,000 shall be for grants to organizations (as 

9 described under section 501(c)(3) of the Internal Rev10 enue Code of 1986 and exempt from tax section 

11 501(a) of such code) determined by the Secretary of 

12 Homeland Security to be at high risk of a terrorist 

13 attack. 

14 (3) $35,000,000 shall be for Regional Cata15 strophic Preparedness Grants. 

16 (4) $40,000,000 shall be for the Metropolitan 

17 Medical Response System under section 635 of the 

18 Post-Katrina Emergency Management Reform Act of 

19 2006 (6 U.S.C. 723). 

20 (5) $15,000,000 shall be for the Citizen Corps 

21 Program. 

22 (6) $356,000,000 shall be for Public Transpor23 tation Security Assistance, Railroad Security Assist24 ance, and Over-the-Road Bus Security Assistance 

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1 menting Recommendations of the 9/11 Commission 

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

3 1163, and 1182), of which not less than $25,000,000 

4 shall be for Amtrak security, and not less than 

5 $6,000,000 shall be for Over-the-Road Bus Security 

6 Assistance. 

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

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

9 (8) $50,000,000 shall be for Buffer Zone Protec10 tion Program Grants. 

11 (9) $50,000,000 shall be for Driver’s License Se12 curity Grants Program, pursuant to section 204(a) of 

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

14 109–13). 

15 (10) $50,000,000 shall be for the Interoperable 

16 Emergency Communications Grant Program under 

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

18 U.S.C. 579). 

19 (11) $20,000,000 shall be for grants for Emer20 gency Operations Centers under section 614 of the 

21 Robert T. Stafford Disaster Relief and Emergency As22 sistance Act (42 U.S.C. 5196c), of which no less than 

23 $1,500,000 shall be for the Ohio Emergency Manage24 ment Agency Emergency Operations Center, Colum25 bus, Ohio; no less than $1,000,000 shall be for the 


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1 City of Chicago Emergency Operations Center, Chi2 cago, Illinois; no less than $600,000 shall be for the 

3 Ames Emergency Operations Center, Ames, Iowa; no 

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

5 Emergency Operations Center, Union County, New 

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

7 Hackensack Emergency Operations Center, Hacken8 sack, New Jersey; no less than $247,000 shall be for 

9 the Township of South Orange Village Emergency 

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

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

12 Emergency Operations Center, Mount Vernon, New 

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

14 Whitefish Emergency Operations Center, Whitefish, 

15 Montana; no less than $1,000,000 shall be for the Lin16 coln County Emergency Operations Center, Lincoln 

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

18 for the City of Providence Emergency Operations 

19 Center, Providence, Rhode Island; no less than 

20 $980,000 for the North Louisiana Regional Emer21 gency Operations Center, Lincoln Parish, Louisiana; 

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

23 Rock Emergency Operations Center, North Little 

24 Rock, Arkansas. 


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1 (12) $264,200,000 shall be for training, exercises, 

2 technical assistance, and other programs, of which— 

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

4 in accordance with section 1204 of the Imple5 menting Recommendations of the 9/11 Commis6 sion Act of 2007 (6 U.S.C. 1102), of which 

7 $62,500,000 shall be for the Center for Domestic 

8 Preparedness; $23,000,000 shall be for the Na9 tional Energetic Materials Research and Testing 

10 Center, New Mexico Institute of Mining and 

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

12 Center for Biomedical Research and Training, 

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

14 for the National Emergency Response and Res15 cue Training Center, Texas A&M University; 

16 $23,000,000 shall be for the National Exercise, 

17 Test, and Training Center, Nevada Test Site; 

18 $5,000,000 shall be for the Transportation Tech19 nology Center, Incorporated, in Pueblo, Colo20 rado; and $5,000,000 shall be for the Natural 

21 Disaster Preparedness Training Center, Univer22 sity of Hawaii, Honolulu, Hawaii; and 

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

24 Counterterrorism and Cyber Crime, Norwich 

25 University, Northfield, Vermont: 


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1 Provided, That 4.1 percent of the amounts provided under 

2 this heading shall be transferred to the Federal Emergency 

3 Management Agency ‘‘Management and Administration’’ 

4 account for program administration, and an expenditure 

5 plan for program administration shall be provided to the 

6 Committees on Appropriations of the Senate and the House 

7 of Representatives within 60 days of the date of enactment 

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

9 2008(a)(11) of the Homeland Security Act of 2002 (6 

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

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

12 made available under this heading for expenses directly re13 lated to administration of the grant: Provided further, That 

14 for grants under paragraphs (1) through (5), the applica15 tions for grants shall be made available to eligible appli16 cants not later than 25 days after the date of enactment 

17 of this Act, that eligible applicants shall submit applica18 tions not later than 90 days after the grant announcement, 

19 and that the Administrator of the Federal Emergency Man20 agement Agency shall act within 90 days after receipt of 

21 an application: Provided further, That for grants under 

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

23 shall be made available to eligible applicants not later than 

24 30 days after the date of enactment of this Act, that eligible 

25 applicants shall submit applications within 45 days after 


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1 the grant announcement, and that the Federal Emergency 

2 Management Agency shall act not later than 60 days after 

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

4 under paragraphs (1) and (2), the installation of commu5 nications towers is not considered construction of a building 

6 or other physical facility: Provided further, That grantees 

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

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

9 Center for Domestic Preparedness may provide training to 

10 emergency response providers from the Federal Government, 

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

12 Domestic Preparedness is reimbursed for the cost of such 

13 training, and any reimbursement under this subsection 

14 shall be credited to the account from which the expenditure 

15 being reimbursed was made and shall be available, without 

16 fiscal year limitation, for the purposes for which amounts 

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

18 for Domestic Preparedness shall ensure that any training 

19 provided under (a) does not interfere with the primary mis20 sion of the Center to train State and local emergency re21 sponse providers. 

22 FIREFIGHTER ASSISTANCE GRANTS

23 For necessary expenses for programs authorized by the 

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

25 2201 et seq.), $800,000,000, of which $380,000,000 shall be 


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

2 2229) and $420,000,000 shall be available to carry out sec3 tion 34 of that Act (15 U.S.C. 2229a), to remain available 

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

5 amount available under this heading shall be for program 

6 administration, and an expenditure plan for program ad7 ministration shall be provided to the Committees on Appro8 priations of the Senate and the House of Representatives 

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

10 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

11 For necessary expenses for emergency management 

12 performance grants, as authorized by the National Flood 

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

14 T. Stafford Disaster Relief and Emergency Assistance Act 

15 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc16 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza17 tion Plan No. 3 of 1978 (5 U.S.C. App.), $350,000,000: Pro18 vided, That total administrative costs shall be 3 percent of 

19 the total amount appropriated under this heading. 

20 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

21 The aggregate charges assessed during fiscal year 2010, 

22 as authorized in title III of the Departments of Veterans 

23 Affairs and Housing and Urban Development, and Inde24 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

25 5196e), shall not be less than 100 percent of the amounts 


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1 anticipated by the Department of Homeland Security nec2 essary for its radiological emergency preparedness program 

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

4 assessment and collection of fees shall be fair and equitable 

5 and shall reflect costs of providing such services, including 

6 administrative costs of collecting such fees: Provided fur7 ther, That fees received under this heading shall be deposited 

8 in this account as offsetting collections and will become 

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

10 remain available until expended. 

11 UNITED STATES FIRE ADMINISTRATION

12 For necessary expenses of the United States Fire Ad13 ministration and for other purposes, as authorized by the 

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

15 2201 et seq.) and the Homeland Security Act of 2002 (6 

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

17 DISASTER RELIEF

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses in carrying out the Robert T. 

20 Stafford Disaster Relief and Emergency Assistance Act (42 

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

22 until expended: Provided, That the Federal Emergency 

23 Management Agency shall submit an expenditure plan to 

24 the Committees on Appropriations of the Senate and the 

25 House of Representatives detailing the use of the funds for 


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1 disaster readiness and support within 60 days after the date 

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

3 Emergency Management Agency shall provide a quarterly 

4 report detailing obligations against the expenditure plan 

5 and a justification for any changes in spending: Provided 

6 further, That not later than 60 days after the date of enact7 ment of this Act, the Administrator of the Federal Emer8 gency Management Agency shall submit a report to the 

9 Committee on Appropriations of the Senate, the Committee 

10 on Appropriations of the House of Representatives and the 

11 Committee on Homeland Security and Governmental Af12 fairs of the Senate that includes (1) a plan for the acquisi13 tion of alternative temporary housing units, and (2) proce14 dures for expanding repair of existing multi-family rental 

15 housing units authorized under section 689i(a) of the Post16 Katrina Emergency Management Reform Act of 2006 (6 

17 U.S.C. 776(a)), semi-permanent, or permanent housing op18 tions: Provided further, That of the total amount provided, 

19 $16,000,000 shall be transferred to the Department of 

20 Homeland Security Office of Inspector General for audits 

21 and investigations related to disasters, subject to section 503 

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

23 be transferred to Federal Emergency Management Agency 

24 ‘‘Management and Administration’’ for management and 

25 administration functions: Provided further, That the 


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1 amount provided in the previous proviso shall not be avail2 able for transfer to ‘‘Management and Administration’’ 

3 until the Federal Emergency Management Agency submits 

4 an implementation plan to the Committees on Appropria5 tions of the Senate and the House of Representatives: Pro6 vided further, That the Federal Emergency Management 

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

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

9 Appropriations of the Senate and the House of Representa10 tives, and include the amounts provided to each Federal 

11 agency for mission assignments: Provided further, That for 

12 any request for reimbursement from a Federal agency to 

13 the Department of Homeland Security to cover expenditures 

14 under the Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act (42 U.S.C. 5121 et seq.), or any mis16 sion assignment orders issued by the Department for such 

17 purposes, the Secretary of Homeland Security shall take ap18 propriate steps to ensure that each agency is periodically 

19 reminded of Department policies on— 

20 (1) the detailed information required in sup21 porting documentation for reimbursements; and 

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

23 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

24 For activities under section 319 of the Robert T. Staf25 ford Disaster Relief and Emergency Assistance Act (42 


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1 U.S.C. 5162), $295,000 is for the cost of direct loans: Pro2 vided, That gross obligations for the principal amount of 

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

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

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

6 U.S.C. 661a). 

7 FLOOD MAP MODERNIZATION FUND

8 For necessary expenses under section 1360 of the Na9 tional Flood Insurance Act of 1968 (42 U.S.C. 4101), 

10 $220,000,000, and such additional sums as may be pro11 vided by State and local governments or other political sub12 divisions for cost-shared mapping activities under section 

13 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 

14 available until expended: Provided, That total administra15 tive costs shall not exceed 3 percent of the total amount ap16 propriated under this heading. 

17 NATIONAL FLOOD INSURANCE FUND

18 For activities under the National Flood Insurance Act 

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

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

21 $159,469,000, which shall be derived from offsetting collec22 tions assessed and collected under section 1308(d) of the Na23 tional Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 

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

25 for salaries and expenses associated with flood mitigation 


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

2 $107,320,000 for flood plain management and flood map3 ping, which shall remain available until September 30, 

4 2011: Provided, That any additional fees collected pursuant 

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

6 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 

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

8 management and flood mapping: Provided further, That in 

9 fiscal year 2010, no funds shall be available from the Na10 tional Flood Insurance Fund under section 1310 of that Act 

11 (42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating 

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

13 agents; (3) such sums as are necessary for interest on Treas14 ury borrowings; and (4) $120,000,000, which shall remain 

15 available until expended for flood mitigation actions, of 

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

17 under section 1361A of the National Flood Insurance Act 

18 of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for re19 petitive insurance claims properties under section 1323 of 

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

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

22 under section 1366 of the National Flood Insurance Act of 

23 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs 

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

25 1366 of the National Flood Insurance Act of 1968 (42 


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1 U.S.C. 4104c) and notwithstanding subsection (a)(7) of sec2 tion 1310 of the National Flood Insurance Act of 1968 (42 

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

4 under section 102 of the Flood Disaster Protection Act of 

5 1973 and section 1366(i) of the National Flood Insurance 

6 Act of 1968 shall be deposited in the National Flood Insur7 ance Fund to supplement other amounts specified as avail8 able for section 1366 of the National Flood Insurance Act 

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

10 and 4104d(b)(2)–(3): Provided further, That total adminis11 trative costs shall not exceed 4 percent of the total appro12 priation. 

13 NATIONAL PREDISASTER MITIGATION FUND

14 For the predisaster mitigation grant program under 

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

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

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

18 administrative costs associated with such grants shall not 

19 exceed 3 percent of the total amount made available under 

20 this heading. 

21 EMERGENCY FOOD AND SHELTER

22 To carry out the emergency food and shelter program 

23 pursuant to title III of the McKinney-Vento Homeless As24 sistance Act (42 U.S.C. 11331 et seq.), $175,000,000, to re25 main available until expended: Provided, That total adminVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 E:\BILLS\H2892.PP H2892

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1 istrative costs shall not exceed 3.5 percent of the total 

2 amount made available under this heading. 

3 TITLE IV 

4 RESEARCH AND DEVELOPMENT, TRAINING, AND 

5 SERVICES 

6 UNITED STATES CITIZENSHIP AND IMMIGRATION

7 SERVICES

8 For necessary expenses for citizenship and immigra9 tion services, $135,700,000, of which $5,000,000 is for the 

10 processing of military naturalization applications and 

11 $118,500,000 is for the E-Verify program to assist United 

12 States employers with maintaining a legal workforce: Pro13 vided, That of the amount provided for the E-Verify pro14 gram, $10,000,000 is available until expended for E-Verify 

15 process and system enhancements: Provided further, That 

16 notwithstanding any other provision of law, funds available 

17 to United States Citizenship and Immigration Services 

18 may be used to acquire, operate, equip, dispose of and re19 place up to five vehicles, of which two are for replacement 

20 only, for areas where the Administrator of General Services 

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

22 the Director of United States Citizenship and Immigration 

23 Services may authorize employees who are assigned to those 

24 areas to use such vehicles between the employees’ residences 

25 and places of employment. 


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1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

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

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

6 hire of passenger motor vehicles; expenses for student ath7 letic and related activities; the conduct of and participation 

8 in firearms matches and presentation of awards; public 

9 awareness and enhancement of community support of law 

10 enforcement training; room and board for student interns; 

11 a flat monthly reimbursement to employees authorized to 

12 use personal mobile phones for official duties; and services 

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

14 $244,356,000, of which up to $47,751,000 shall remain 

15 available until September 30, 2011, for materials and sup16 port costs of Federal law enforcement basic training; of 

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

18 Federal law enforcement agencies participating in training 

19 accreditation, to be distributed as determined by the Fed20 eral Law Enforcement Training Center for the needs of par21 ticipating agencies; and of which not to exceed $12,000 shall 

22 be for official reception and representation expenses: Pro23 vided, That the Center is authorized to obligate funds in 

24 anticipation of reimbursements from agencies receiving 

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1 tions at the end of the fiscal year shall not exceed total budg2 etary resources available at the end of the fiscal year: Pro3 vided further, That section 1202(a) of Public Law 107–206 

4 (42 U.S.C. 3771 note), as amended by Public Law 110– 

5 329 (122 Stat. 3677), is further amended by striking ‘‘De6 cember 31, 2011’’ and inserting ‘‘December 31, 2012’’: Pro7 vided further, That the Federal Law Enforcement Training 

8 Accreditation Board, including representatives from the 

9 Federal law enforcement community and non-Federal ac10 creditation experts involved in law enforcement training, 

11 shall lead the Federal law enforcement training accredita12 tion process to continue the implementation of measuring 

13 and assessing the quality and effectiveness of Federal law 

14 enforcement training programs, facilities, and instructors: 

15 Provided further, That the Director of the Federal Law En16 forcement Training Center shall schedule basic or advanced 

17 law enforcement training, or both, at all four training fa18 cilities under the control of the Federal Law Enforcement 

19 Training Center to ensure that such training facilities are 

20 operated at the highest capacity throughout the fiscal year. 

21 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

22 RELATED EXPENSES

23 For acquisition of necessary additional real property 

24 and facilities, construction, and ongoing maintenance, fa25 cility improvements, and related expenses of the Federal 


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

2 available until expended: Provided, That the Center is au3 thorized to accept reimbursement to this appropriation 

4 from government agencies requesting the construction of 

5 special use facilities. 

6 SCIENCE AND TECHNOLOGY

7 MANAGEMENT AND ADMINISTRATION

8 For salaries and expenses of the Office of the Under 

9 Secretary for Science and Technology and for management 

10 and administration of programs and activities, as author11 ized by title III of the Homeland Security Act of 2002 (6 

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

13 exceed $10,000 shall be for official reception and representa14 tion expenses. 

15 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

16 For necessary expenses for science and technology re17 search, including advanced research projects; development; 

18 test and evaluation; acquisition; and operations; as author19 ized by title III of the Homeland Security Act of 2002 (6 

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

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

22 $20,865,000 shall be available for the Southeast Region Re23 search Initiative at the Oak Ridge National Laboratory: 

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

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1 structure Decisionmaking Exercises: Provided further, That 

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

3 Pacific Northwest National Laboratory: Provided further, 

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

5 Urban Area partnership established through the Regional 

6 Technology Integration Initiative: Provided further, That 

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

8 Agro-defense Facility. 

9 DOMESTIC NUCLEAR DETECTION OFFICE

10 MANAGEMENT AND ADMINISTRATION

11 For salaries and expenses of the Domestic Nuclear De12 tection Office as authorized by title XIX of the Homeland 

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

14 and administration of programs and activities, 

15 $37,500,000: Provided, That not to exceed $3,000 shall be 

16 for official reception and representation expenses. 

17 RESEARCH, DEVELOPMENT, AND OPERATIONS

18 For necessary expenses for radiological and nuclear re19 search, development, testing, evaluation, and operations, 

20 $326,537,000, to remain available until September 30, 

21 2011. 

22 SYSTEMS ACQUISITION

23 For expenses for the Domestic Nuclear Detection Office 

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1 tecture, $10,000,000, to remain available until September 

2 30, 2011: Provided, That none of the funds appropriated 

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

4 obligated for full-scale procurement of Advanced 

5 Spectroscopic Portal monitors until the Secretary of Home6 land Security submits to the Committees on Appropriations 

7 of the Senate and the House of Representatives a report cer8 tifying that a significant increase in operational effective9 ness will be achieved: Provided further, That the Secretary 

10 shall submit separate and distinct certifications prior to the 

11 procurement of Advanced Spectroscopic Portal monitors for 

12 primary and secondary deployment that address the unique 

13 requirements for operational effectiveness of each type of de14 ployment: Provided further, That the Secretary shall con15 tinue to consult with the National Academy of Sciences be16 fore making such certifications: Provided further, That none 

17 of the funds appropriated under this heading shall be used 

18 for high-risk concurrent development and production of mu19 tually dependent software and hardware. 

20 TITLE V 

21 GENERAL PROVISIONS 

22 (INCLUDING RESCISSIONS OF FUNDS)

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

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 


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

2 of this Act, the unexpended balances of prior appropriations 

3 provided for activities in this Act may be transferred to 

4 appropriation accounts for such activities established pur5 suant to this Act, may be merged with funds in the applica6 ble established accounts, and thereafter may be accounted 

7 for as one fund for the same time period as originally en8 acted. 

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

10 provided by previous appropriations Acts to the agencies 

11 in or transferred to the Department of Homeland Security 

12 that remain available for obligation or expenditure in fiscal 

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

14 of the United States derived by the collection of fees avail15 able to the agencies funded by this Act, shall be available 

16 for obligation or expenditure through a reprogramming of 

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

18 (2) eliminates a program, project, office, or activity; (3) in19 creases funds for any program, project, or activity for which 

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

21 proposes to use funds directed for a specific activity by ei22 ther of the Committees on Appropriations of the Senate or 

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

24 contracts out any function or activity for which funding 

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


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1 object classification tables contained in the fiscal year 2010 

2 Budget Appendix for the Department of Homeland Secu3 rity, as modified by the explanatory statement accom4 panying this Act, unless the Committees on Appropriations 

5 of the Senate and the House of Representatives are notified 

6 15 days in advance of such reprogramming of funds. 

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

8 by previous appropriations Acts to the agencies in or trans9 ferred to the Department of Homeland Security that remain 

10 available for obligation or expenditure in fiscal year 2010, 

11 or provided from any accounts in the Treasury of the 

12 United States derived by the collection of fees or proceeds 

13 available to the agencies funded by this Act, shall be avail14 able for obligation or expenditure for programs, projects, 

15 or activities through a reprogramming of funds in excess 

16 of $5,000,000 or 10 percent, whichever is less, that: (1) aug17 ments existing programs, projects, or activities; (2) reduces 

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

19 or activity, or numbers of personnel by 10 percent as ap20 proved by the Congress; or (3) results from any general sav21 ings from a reduction in personnel that would result in a 

22 change in existing programs, projects, or activities as ap23 proved by the Congress, unless the Committees on Appro24 priations of the Senate and the House of Representatives 


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1 are notified 15 days in advance of such reprogramming of 

2 funds. 

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

4 available for the current fiscal year for the Department of 

5 Homeland Security by this Act or provided by previous ap6 propriations Acts may be transferred between such appro7 priations, but no such appropriation, except as otherwise 

8 specifically provided, shall be increased by more than 10 

9 percent by such transfers: Provided, That any transfer 

10 under this section shall be treated as a reprogramming of 

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

12 obligation unless the Committees on Appropriations of the 

13 Senate and the House of Representatives are notified 15 

14 days in advance of such transfer. 

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

16 this section, no funds shall be reprogrammed within or 

17 transferred between appropriations after June 30, except in 

18 extraordinary circumstances that imminently threaten the 

19 safety of human life or the protection of property. 

20 SEC. 504. The Department of Homeland Security 

21 Working Capital Fund, established pursuant to section 403 

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

23 operations as a permanent working capital fund for fiscal 

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

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1 land Security may be used to make payments to the Work2 ing Capital Fund, except for the activities and amounts al3 lowed in the President’s fiscal year 2010 budget: Provided 

4 further, That funds provided to the Working Capital Fund 

5 shall be available for obligation until expended to carry out 

6 the purposes of the Working Capital Fund: Provided fur7 ther, That all departmental components shall be charged 

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

9 Provided further, That funds provided to the Working Cap10 ital Fund shall be used only for purposes consistent with 

11 the contributing component: Provided further, That such 

12 fund shall be paid in advance or reimbursed at rates which 

13 will return the full cost of each service: Provided further, 

14 That the Working Capital Fund shall be subject to the re15 quirements of section 503 of this Act. 

16 SEC. 505. Except as otherwise specifically provided by 

17 law, not to exceed 50 percent of unobligated balances re18 maining available at the end of fiscal year 2010 from ap19 propriations for salaries and expenses for fiscal year 2010 

20 in this Act shall remain available through September 30, 

21 2011, in the account and for the purposes for which the 

22 appropriations were provided: Provided, That prior to the 

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

24 Committees on Appropriations of the Senate and the House 


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1 of Representatives for approval in accordance with section 

2 503 of this Act. 

3 SEC. 506. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

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

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

7 2010 until the enactment of an Act authorizing intelligence 

8 activities for fiscal year 2010. 

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

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

11 grant award, discretionary contract award, Other Trans12 action Agreement, or to issue a letter of intent totaling in 

13 excess of $1,000,000, or to announce publicly the intention 

14 to make such an award, including a contract covered by 

15 the Federal Acquisition Regulation, unless the Secretary of 

16 Homeland Security notifies the Committees on Appropria17 tions of the Senate and the House of Representatives at least 

18 3 full business days in advance of making such an award 

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

20 Homeland Security determines that compliance with this 

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

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

23 the Committees on Appropriations of the Senate and the 

24 House of Representatives shall be notified not later than 

25 5 full business days after such an award is made or letter 


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1 issued: Provided further, That no notification shall involve 

2 funds that are not available for obligation: Provided fur3 ther, That the notification shall include the amount of the 

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

5 were appropriated, and the account from which the funds 

6 are being drawn: Provided further, That the Federal Emer7 gency Management Agency shall brief the Committees on 

8 Appropriations of the Senate and the House of Representa9 tives 5 full business days in advance of announcing publicly 

10 the intention of making an award under the State Home11 land Security Grant Program; Urban Area Security Initia12 tive; and the Regional Catastrophic Preparedness Grant 

13 Program. 

14 SEC. 508. Notwithstanding any other provision of law, 

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

16 facilities, except within or contiguous to existing locations, 

17 to be used for the purpose of conducting Federal law enforce18 ment training without the advance approval of the Commit19 tees on Appropriations of the Senate and the House of Rep20 resentatives, except that the Federal Law Enforcement 

21 Training Center is authorized to obtain the temporary use 

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

23 for training which cannot be accommodated in existing 

24 Center facilities. 


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

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

3 any construction, repair, alteration, or acquisition project 

4 for which a prospectus otherwise required under chapter 33 

5 of title 40, United States Code, has not been approved, ex6 cept that necessary funds may be expended for each project 

7 for required expenses for the development of a proposed pro8 spectus. 

9 SEC. 510. Sections 519, 520, 528, and 531 of the De10 partment of Homeland Security Appropriations Act, 2008 

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

12 shall apply with respect to funds made available in this 

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

14 made available in that Act. 

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

16 in contravention of the applicable provisions of the Buy 

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

18 SEC. 512. None of the funds provided by this or pre19 vious appropriations Acts may be obligated for deployment 

20 or implementation of the Secure Flight program or any 

21 other follow-on or successor passenger screening program 

22 that: (1) utilizes or tests algorithms assigning risk to pas23 sengers whose names are not on Government watch lists; 

24 or (2) uses data or a database that is obtained from or re25 mains under the control of a non-Federal entity: Provided, 


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1 That this restriction shall not apply to Passenger Name 

2 Record data obtained from air carriers. 

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

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

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

6 U.S.C. 1448). 

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

8 may be used to process or approve a competition under Of9 fice of Management and Budget Circular A–76 for services 

10 provided as of June 1, 2004, by employees (including em11 ployees serving on a temporary or term basis) of United 

12 States Citizenship and Immigration Services of the Depart13 ment of Homeland Security who are known as of that date 

14 as Immigration Information Officers, Contact Representa15 tives, or Investigative Assistants. 

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

17 Security (Transportation Security Administration) shall 

18 work with air carriers and airports to ensure that the 

19 screening of cargo carried on passenger aircraft, as defined 

20 in section 44901(g)(5) of title 49, United States Code, in21 creases incrementally each quarter until the requirement of 

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

23 (b) Not later than 45 days after the end of each quar24 ter, the Assistant Secretary shall submit to the Committees 

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1 resentatives a report on air cargo inspection statistics by 

2 airport and air carrier detailing the incremental progress 

3 being made to meet the requirement of section 

4 44901(g)(2)(B) of title 49, United States Code. 

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

6 49, United States Code, funds appropriated or transferred 

7 to Transportation Security Administration ‘‘Aviation Se8 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

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

10 that are recovered or deobligated shall be available only for 

11 the procurement or installation of explosives detection sys12 tems, for air cargo, baggage, and checkpoint screening sys13 tems, subject to notification: Provided, That quarterly re14 ports shall be submitted to the Committees on Appropria15 tions of the Senate and the House of Representatives on any 

16 funds that are recovered or deobligated. 

17 SEC. 517. Any funds appropriated to United States 

18 Coast Guard, ‘‘Acquisition, Construction, and Improve19 ments’’ for fiscal years 2002, 2003, 2004, 2005, and 2006 

20 for the 110–123 foot patrol boat conversion that are recov21 ered, collected, or otherwise received as the result of negotia22 tion, mediation, or litigation, shall be available until ex23 pended for the Replacement Patrol Boat (FRC–B) program. 

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

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


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1 be available to commence or continue operations of the Na2 tional Applications Office until— 

3 (A) the Secretary certifies that: (i) National Ap4 plications Office programs comply with all existing 

5 laws, including all applicable privacy and civil lib6 erties standards; and, (ii) that clear definitions of all 

7 proposed domains are established and are auditable; 

8 (B) the Comptroller General of the United States 

9 notifies the Committees on Appropriations of the Sen10 ate and the House of Representatives and the Sec11 retary that the Comptroller has reviewed such certifi12 cation; and 

13 (C) the Secretary notifies the Committees of all 

14 funds to be expended on the National Applications 

15 Office pursuant to section 503 of this Act. 

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

17 use of funds for activities substantially similar to such ac18 tivities conducted by the Department of the Interior as set 

19 forth in the 1975 charter for the Civil Applications Com20 mittee under the provisions of law codified at section 31 

21 of title 43, United States Code. 

22 (b) The Inspector General shall provide to the Commit23 tees on Appropriations of the Senate and the House of Rep24 resentatives a classified report on a quarterly basis con25 taining a review of the data collected by the National AppliVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6203 E:\BILLS\H2892.PP H2892

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1 cations Office, including a description of the collection pur2 poses and the legal authority under which the collection ac3 tivities were authorized: Provided, That the report shall also 

4 include a listing of all data collection activities carried out 

5 on behalf of the National Applications Office by any compo6 nent of the National Guard. 

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

8 Act shall be available to commence operations of the Na9 tional Immigration Information Sharing Operation until 

10 the Secretary certifies that such program complies with all 

11 existing laws, including all applicable privacy and civil lib12 erties standards, the Comptroller General of the United 

13 States notifies the Committees on Appropriations of the 

14 Senate and the House of Representatives and the Secretary 

15 that the Comptroller has reviewed such certification, and 

16 the Secretary notifies the Committees on Appropriations of 

17 the Senate and the House of Representatives of all funds 

18 to be expended on the National Immigration Information 

19 Sharing Operation pursuant to section 503. 

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

21 the Chief Financial Officer of the Department of Homeland 

22 Security shall submit to the Committees on Appropriations 

23 of the Senate and the House of Representatives a monthly 

24 budget and staffing report that includes total obligations, 


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

2 and the number of contract employees by office. 

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

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

5 ‘‘2010’’. 

6 SEC. 521. The functions of the Federal Law Enforce7 ment Training Center instructor staff shall be classified as 

8 inherently governmental for the purpose of the Federal Ac9 tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note). 

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

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

12 deployment, or operation of any portion of a human re13 sources management system authorized by 5 U.S.C. 

14 9701(a), or by regulations prescribed pursuant to such sec15 tion, for an employee as defined in 5 U.S.C. 7103(a)(2). 

16 (b) The Secretary of Homeland Security shall collabo17 rate with employee representatives in the manner prescribed 

18 in 5 U.S.C. 9701(e), in the planning, testing, and develop19 ment of any portion of a human resources management sys20 tem that is developed, tested, or deployed for persons ex21 cluded from the definition of employee as that term is de22 fined in 5 U.S.C. 7103(a)(2). 

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

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

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


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1 Homeland Security (Transportation Security Administra2 tion) reverses the determination of July 19, 2007, that bu3 tane lighters are not a significant threat to civil aviation 

4 security. 

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

6 used to alter operations within the Civil Engineering Pro7 gram of the Coast Guard nationwide, including civil engi8 neering units, facilities design and construction centers, 

9 maintenance and logistics commands, and the Coast Guard 

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

11 Act may be used to reduce operations within any Civil En12 gineering Unit unless specifically authorized by a statute 

13 enacted after the date of the enactment of this Act. 

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

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

16 to the Office of the Secretary and Executive Management, 

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

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

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

20 other than full and open competition. 

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

22 for a contract awarded— 

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

24 statute, including obligation for a purchase made 

25 under a mandated preferential program, such as the 


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1 AbilityOne Program, that is authorized under the 

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

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

4 et seq.); 

5 (3) in an amount less than the simplified acqui6 sition threshold described under section 302A(a) of the 

7 Federal Property and Administrative Services Act of 

8 1949 (41 U.S.C. 252a(a)); or 

9 (4) by another Federal agency using funds pro10 vided through an interagency agreement. 

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

12 Homeland Security may waive the application of this sec13 tion for the award of a contract in the interest of national 

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

15 to human health or welfare. 

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

17 Secretary of Homeland Security issues a waiver under this 

18 subsection, the Secretary shall submit notification of that 

19 waiver to the Committees on Appropriations of the Senate 

20 and the House of Representatives, including a description 

21 of the applicable contract and an explanation of why the 

22 waiver authority was used. The Secretary may not delegate 

23 the authority to grant such a waiver. 

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

25 section, the Inspector General for the Department of HomeVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6203 E:\BILLS\H2892.PP H2892

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1 land Security shall review departmental contracts awarded 

2 through other than full and open competition to assess de3 partmental compliance with applicable laws and regula4 tions: Provided, That the Inspector General shall review se5 lected contracts awarded in the previous fiscal year through 

6 other than full and open competition: Provided further, 

7 That in determining which contracts to review, the Inspec8 tor General shall consider the cost and complexity of the 

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

10 criticality of the contract to fulfilling Department missions, 

11 past performance problems on similar contracts or by the 

12 selected vendor, complaints received about the award process 

13 or contractor performance, and such other factors as the In14 spector General deems relevant: Provided further, That the 

15 Inspector General shall report the results of the reviews to 

16 the Committees on Appropriations of the Senate and the 

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

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

19 Act may be used by United States Citizenship and Immi20 gration Services to grant an immigration benefit unless the 

21 results of background checks required by law to be completed 

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

23 United States Citizenship and Immigration Services, and 

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


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

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

3 or other equine belonging to the Federal Government that 

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

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

6 through an adoption program that has safeguards against 

7 slaughter and inhumane treatment. 

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

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

10 296. 

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

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

13 be used for data center development other than for Data 

14 Center One (National Center for Critical Information Proc15 essing and Storage) until the Chief Information Officer cer16 tifies that Data Center One (National Center for Critical 

17 Information Processing and Storage) is fully utilized as the 

18 Department’s primary data storage center at the highest ca19 pacity throughout the fiscal year. 

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

21 to reduce the United States Coast Guard’s Operations Sys22 tems Center mission or its government-employed or contract 

23 staff levels. 

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

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


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1 competition under Office of Management and Budget Cir2 cular A–76 for activities performed with respect to the Coast 

3 Guard National Vessel Documentation Center. 

4 SEC. 532. The Secretary of Homeland Security shall 

5 require that all contracts of the Department of Homeland 

6 Security that provide award fees link such fees to successful 

7 acquisition outcomes (which outcomes shall be specified in 

8 terms of cost, schedule, and performance). 

9 SEC. 533. None of the funds made available to the Of10 fice of the Secretary and Executive Management under this 

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

12 of Homeland Security that are not verified through the 

13 basic pilot program under section 401 of the Illegal Immi14 gration Reform and Immigrant Responsibility Act of 1996 

15 (8 U.S.C. 1324a note). 

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

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

18 to prevent an individual not in the business of importing 

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

20 of the Federal Food, Drug, and Cosmetic Act) from import21 ing a prescription drug from Canada that complies with 

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

23 this section shall apply only to individuals transporting on 

24 their person a personal-use quantity of the prescription 


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

2 the prescription drug may not be— 

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

4 102 of the Controlled Substances Act (21 U.S.C. 802); 

5 or 

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

7 351 of the Public Health Service Act (42 U.S.C. 262). 

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

9 Act may be used by the Secretary of Homeland Security 

10 or any delegate of the Secretary to issue any rule or regula11 tion which implements the Notice of Proposed Rulemaking 

12 related to Petitions for Aliens To Perform Temporary Non13 agricultural Services or Labor (H–2B) set out beginning 

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

15 SEC. 536. Section 537 of the Department of Homeland 

16 Security Appropriations Act, 2009 (division D of Public 

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

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

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

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

21 Act may be used for planning, testing, piloting, or devel22 oping a national identification card. 

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

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

25 after the date that the President determines whether to deVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6203 E:\BILLS\H2892.PP H2892

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1 clare a major disaster because of an event and any appeal 

2 is completed, the Administrator shall submit to the Com3 mittee on Homeland Security and Governmental Affairs of 

4 the Senate, the Committee on Homeland Security of the 

5 House of Representatives, the Committee on Transportation 

6 and Infrastructure of the House of Representatives, the 

7 Committees on Appropriations of the Senate and the House 

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

9 Emergency Management Agency, a report regarding that 

10 decision, which shall summarize damage assessment infor11 mation used to determine whether to declare a major dis12 aster. 

13 (b) The Administrator may redact from a report under 

14 subsection (a) any data that the Administrator determines 

15 would compromise national security. 

16 (c) In this section— 

17 (1) the term ‘‘Administrator’’ means the Admin18 istrator of the Federal Emergency Management Agen19 cy; and 

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

21 given that term in section 102 of the Robert T. Staf22 ford Disaster Relief and Emergency Assistance Act 

23 (42 U.S.C. 5122). 

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

25 should the Secretary of Homeland Security determine that 


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

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

3 shall have the Administrator of General Services sell 

4 through public sale all real and related personal property 

5 and transportation assets which support Plum Island oper6 ations, subject to such terms and conditions as necessary 

7 to protect government interests and meet program require8 ments: Provided, That the gross proceeds of such sale shall 

9 be deposited as offsetting collections into the Department 

10 of Homeland Security Science and Technology ‘‘Research, 

11 Development, Acquisition, and Operations’’ account and, 

12 subject to appropriation, shall be available until expended, 

13 for site acquisition, construction, and costs related to the 

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

15 including the costs associated with the sale, including due 

16 diligence requirements, necessary environmental remedi17 ation at Plum Island, and reimbursement of expenses in18 curred by the General Services Administration which shall 

19 not exceed 1 percent of the sale price or $5,000,000, which20 ever is greater: Provided further, That after the completion 

21 of construction and environmental remediation, the unex22 pended balances of funds appropriated for costs in the pre23 ceding proviso shall be available for transfer to the appro24 priate account for design and construction of a consolidated 

25 Department of Homeland Security Headquarters project, 


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1 excluding daily operations and maintenance costs, notwith2 standing section 503 of this Act, and the Committees on 

3 Appropriations of the Senate and the House of Representa4 tives shall be notified 15 days prior to such transfer. 

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

6 report or certify to the Committees on Appropriations of 

7 the Senate and the House of Representatives may not dele8 gate such authority to perform that act unless specifically 

9 authorized herein. 

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

11 consultation with the Secretary of the Treasury, shall notify 

12 the Committees on Appropriations of the Senate and the 

13 House of Representatives of any proposed transfers of funds 

14 available under 31 U.S.C. 9703.2(g)(4)(B) from the Depart15 ment of the Treasury Forfeiture Fund to any agency within 

16 the Department of Homeland Security. 

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

18 of enactment of this Act, the Secretary of Homeland Secu19 rity shall consult with the Secretaries of Defense and Trans20 portation and develop a concept of operations for un21 manned aerial systems in the United States national air22 space system for the purposes of border and maritime secu23 rity operations. 

24 (b) The Secretary of Homeland Security shall report 

25 to the Committees on Appropriations of the Senate and the 


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1 House of Representatives not later than 30 days after the 

2 date of enactment of this Act on any foreseeable challenges 

3 to complying with subsection (a). 

4 SEC. 543. If the Assistant Secretary of Homeland Se5 curity (Transportation Security Administration) deter6 mines that an airport does not need to participate in the 

7 basic pilot program, the Assistant Secretary shall certify 

8 to the Committees on Appropriations of the Senate and the 

9 House of Representatives that no security risks will result 

10 by such non-participation. 

11 SEC. 544. For fiscal year 2010 and thereafter, the Sec12 retary may provide to personnel appointed or assigned to 

13 serve abroad, allowances and benefits similar to those pro14 vided under chapter 9 of title I of the Foreign Service Act 

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

16 SEC. 545. Section 144 of the Continuing Appropria17 tions Resolution, 2009 (division A of Public Law 110–329; 

18 122 Stat. 3581), as amended by section 101 of division J 

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

20 8; 123 Stat. 988), is further amended by striking ‘‘Sep21 tember 30, 2009’’ and inserting ‘‘September 30, 2012’’. 

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

23 Reform and Immigrant Responsibility Act of 1996 (divi24 sion C of Public Law 104–208; 8 U.S.C. 1324a note) is 

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


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

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

3 as a condition of the contract, that the contractor partici4 pate in the pilot program described in 404 of the Illegal 

5 Immigration Reform and Immigrant Responsibility Act of 

6 1996 (division C of Public Law 104–209; 8 U.S.C. 1324a 

7 note) to verify the employment eligibility of— 

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

9 contract by the contractor to perform employment du10 ties within the United States; and 

11 (2) all individuals assigned by the contractor to 

12 perform work within the United States the under such 

13 contract. 

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

15 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform 

16 and Immigrant Responsibility Act of 1996 (division C of 

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

18 by striking ‘‘basic pilot program’’ each place that term ap19 pears and inserting ‘‘E-Verify Program’’. 

20 (2) The heading of section 403(a) of the Illegal Immi21 gration Reform and Immigrant Responsibility Act of 1996 

22 is amended by striking ‘‘BASIC PILOT’’ and inserting ‘‘E23 VERIFY’’. 

24 (b) Section 404(h)(1) of the Illegal Immigration Re25 form and Immigration Responsibility Act of 1996 (Public 


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

2 ‘‘under a pilot program’’ and inserting ‘‘under this sub3 title’’. 

4 SEC. 549. Section 610 of the Departments of Com5 merce, Justice, and State, the Judiciary, and Related Agen6 cies Appropriations Act, 1993 (8 U.S.C. 1153 note) is 

7 amended— 

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

9 and 

10 (2) in subsection (b), by striking ‘‘for 15 years’’. 

11 SEC. 550. Notwithstanding any other provision of law, 

12 should the Secretary of Homeland Security determine that 

13 specific U.S. Immigration and Customs Enforcement Serv14 ice Processing Centers, or other U.S. Immigration and Cus15 toms Enforcement owned detention facilities, no longer meet 

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

17 individual Service Processing Centers, or other U.S. Immi18 gration and Customs Enforcement owned detention facili19 ties, by directing the Administrator of General Services to 

20 sell all real and related personal property which support 

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

22 Customs Enforcement owned detention facilities, oper23 ations, subject to such terms and conditions as necessary 

24 to protect government interests and meet program require25 ments: Provided, That the proceeds, net of the costs of sale 


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

2 Immigration and Customs Enforcement shall be deposited 

3 as offsetting collections into a separate account that shall 

4 be available, subject to appropriation, until expended for 

5 other real property capital asset needs of existing U.S. Im6 migration and Customs Enforcement assets, excluding daily 

7 operations and maintenance costs, as the Secretary deems 

8 appropriate. 

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

10 amended in subsection (b) by deleting from the last proviso 

11 ‘‘three years after the date of enactment of this Act’’ and 

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

13 SEC. 552. For fiscal year 2010 and thereafter, the Sec14 retary of Homeland Security may collect fees from any non15 Federal participant in a conference, seminar, exhibition, 

16 symposium, or similar meeting conducted by the Depart17 ment of Homeland Security in advance of the conference, 

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

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

20 conference, seminar, exhibition, symposium, or similar 

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

22 of the Department of Homeland Security with respect to 

23 the conference or to reimburse the Department for costs in24 curred with respect to the conference: Provided, That in the 

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


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1 conference exceeds the actual costs of the Department of 

2 Homeland Security with respect to the conference, the 

3 amount of such excess shall be deposited into the Treasury 

4 as miscellaneous receipts: Provided further, That the Sec5 retary shall provide a report to the Committees on Appro6 priations of the Senate and the House of Representatives 

7 not later than January 5, 2011, providing the level of collec8 tions and a summary by agency of the purposes and levels 

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

10 annually thereafter. 

11 SEC. 553. For purposes of section 210C of the Home12 land Security Act of 2002 (6 U.S.C. 124j) a rural area shall 

13 also include any area that is located in a metropolitan sta14 tistical area and a county, borough, parish, or area under 

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

16 more than 50,000. 

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

18 appropriations made available for ‘‘Analysis and Oper19 ations’’, $5,000,000 are rescinded. 

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

21 appropriations made available for U.S. Immigration and 

22 Customs Enforcement ‘‘Construction’’, $7,000,000 are re23 scinded. 

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

25 appropriations made available for National Protection and 


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1 Programs Directorate ‘‘Infrastructure Protection and Infor2 mation Security’’, $8,000,000 are rescinded. 

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

4 appropriations made available for Science and Technology 

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

6 $7,500,000 are rescinded. 

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

8 appropriations made available for Domestic Nuclear Detec9 tion Office ‘‘Research, Development, and Operations’’, 

10 $8,000,000 are rescinded. 

11 SEC. 559. (a) Subject to subsection (b), none of the 

12 funds appropriated or otherwise made available by this Act 

13 may be available to operate the Loran-C signal after Janu14 ary 4, 2010. 

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

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

17 (1) the termination of the operation of the 

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

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

20 navigation; and 

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

22 needed as a backup to the Global Positioning System 

23 or any other Federal navigation requirement. 

24 (c) If the Commandant makes the certification de25 scribed in subsection (b), the Coast Guard shall, comVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6203 E:\BILLS\H2892.PP H2892

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1 mencing January 4, 2010, terminate the operation of the 

2 Loran-C signal and commence a phased decommissioning 

3 of the Loran-C system infrastructure. 

4 (d) Not later than 30 days after such certification pur5 suant to subsection (b), the Commandant shall submit to 

6 the Committees on Appropriations of the Senate and House 

7 of Representatives a report setting forth a proposed schedule 

8 for the phased decommissioning of the Loran-C system in9 frastructure in the event of the decommissioning of such in10 frastructure in accordance to subsection (c). 

11 (e) If the Commandant makes the certification de12 scribed in subsection (b), the Secretary of Homeland Secu13 rity, acting through the Commandant of the Coast Guard, 

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

15 real and personal property under the administrative control 

16 of the Coast Guard and used for the Loran system, by di17 recting the Administrator of General Services to sell such 

18 real and personal property, subject to such terms and condi19 tions that the Secretary believes to be necessary to protect 

20 government interests and program requirements of the 

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

22 sale incurred by the General Services Administration, shall 

23 be deposited as offsetting collections into the Coast Guard 

24 ‘‘Environmental Compliance and Restoration’’ account 

25 and, subject to appropriation, shall be available until exVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 E:\BILLS\H2892.PP H2892

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1 pended for environmental compliance and restoration pur2 poses associated with the Loran system, for the demolition 

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

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

5 including due diligence requirements, necessary environ6 mental remediation, and reimbursement of expenses in7 curred by the General Services Administration: Provided 

8 further, That after the completion of such activities, the un9 expended balances shall be available for any other environ10 mental compliance and restoration activities of the Coast 

11 Guard. 

12 BORDER FENCE COMPLETION

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

14 102(b)(1) of the Illegal Immigration Reform and Immi15 grant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 

16 amended— 

17 (1) in subparagraph (A), by adding at the end 

18 the following: ‘‘Fencing that does not effectively re19 strain pedestrian traffic (such as vehicle barriers and 

20 virtual fencing) may not be used to meet the 700-mile 

21 fence requirement under this subparagraph.’’; 

22 (2) in subparagraph (B)— 

23 (A) in clause (i), by striking ‘‘and’’ at the 

24 end; 

25 (B) in clause (ii), by striking the period at 

26 the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(iii) not later than December 31, 

3 2010, complete the construction of all the re4 inforced fencing and the installation of the 

5 related equipment described in subpara6 graph (A).’’; and 

7 (3) in subparagraph (C), by adding at the end 

8 the following: 

9 ‘‘(iii) FUNDING NOT CONTINGENT ON

10 CONSULTATION.—Amounts appropriated to 

11 carry out this paragraph may not be im12 pounded or otherwise withheld for failure to 

13 fully comply with the consultation require14 ment under clause (i).’’. 

15 (b) REPORT.—Not later than September 30, 2009, the 

16 Secretary of Homeland Security shall submit a report to 

17 Congress that describes— 

18 (1) the progress made in completing the rein19 forced fencing required under section 102(b)(1) of the 

20 Illegal Immigration Reform and Immigrant Respon21 sibility Act of 1996 (8 U.S.C. 1103 note), as amended 

22 by this Act; and 

23 (2) the plans for completing such fencing before 

24 December 31, 2010. 


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1 SEC. 561. None of the amounts made available under 

2 this Act may be used to implement changes to the final rule 

3 describing the process for employers to follow after receiving 

4 a ‘‘no match’’ letter in order to qualify for ‘‘safe harbor’’ 

5 status (promulgated on August 15, 2007). 

6 SEC. 562. None of the funds made available under this 

7 Act may be obligated for the construction of the National 

8 Bio and Agro-defense Facility on the United States main9 land until 90 days after the later of— 

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

11 Security completes a site-specific bio-safety and bio12 security mitigation assessment to determine the re13 quirements necessary to ensure safe operation of the 

14 National Bio and Agro-defense Facility at the pre15 ferred site identified in the January 16, 2009, Record 

16 of Decision published in Federal Register Vol. 74, 

17 Number 111; or 

18 (2) the date on which the Secretary of Homeland 

19 Security, in coordination with the Secretary of Agri20 culture, submits to the Committee on Appropriations 

21 of the Senate and the Committee on Appropriations 

22 of the House of Representatives a report that— 

23 (A) describes the procedure that will be used 

24 to issue the permit to conduct foot-and-mouth 

25 disease live virus research under section 7524 of 


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1 the Food, Conservation, and Energy Act of 2008 

2 (21 U.S.C. 113a note; Public Law 110–246); and 

3 (B) includes plans to establish an emer4 gency response plan with city, regional, and 

5 State officials in the event of an accidental re6 lease of foot-and-mouth disease or another haz7 ardous pathogen. 

8 SEC. 563. (a) Not later than 60 days after the date 

9 of the enactment of this Act, the Secretary of Homeland Se10 curity, in consultation with the Attorney General and the 

11 Administrative Office of the United States Courts, shall 

12 submit a report to the congressional committees set forth 

13 in subsection (b) that provides details about— 

14 (1) additional Border Patrol sectors that should 

15 be utilizing Operation Streamline programs; and 

16 (2) resources needed from the Department of 

17 Homeland Security, the Department of Justice, and 

18 the Judiciary, to increase the effectiveness of Oper19 ation Streamline programs at some Border Patrol 

20 sectors and to utilize such programs at additional sec21 tors. 

22 (b) The congressional committees set forth in this sub23 section are— 

24 (1) the Committee on Appropriations of the Sen25 ate; 


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1 (2) the Committee on the Judiciary of the Sen2 ate; 

3 (3) the Committee on Appropriations of the 

4 House of Representatives; 

5 (4) the Committee on the Judiciary of the House 

6 of Representatives; and 

7 (5) the Committee on Homeland Security and 

8 Governmental Affairs of the Senate. 

9 MARITIME TRANSPORTATION SECURITY INFORMATION

10 SEC. 564. (a) SHORT TITLE.—This section may be 

11 cited as the ‘‘American Communities’ Right to Public Infor12 mation Act’’. 

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

14 States Code, is amended to read as follows: 

15 ‘‘(d) NONDISCLOSURE OF INFORMATION.— 

16 ‘‘(1) IN GENERAL.—Information developed under 

17 this chapter is not required to be disclosed to the pub18 lic, including— 

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

20 plans, and port vulnerability assessments; and 

21 ‘‘(B) other information related to security 

22 plans, procedures, or programs for vessels or fa23 cilities authorized under this chapter. 

24 ‘‘(2) LIMITATIONS.—Nothing in paragraph (1) 

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1 formation as sensitive security information (as de2 fined in section 1520.5 of title 49, Code of Federal 

3 Regulations)— 

4 ‘‘(A) to conceal a violation of law, ineffi5 ciency, or administrative error; 

6 ‘‘(B) to prevent embarrassment to a person, 

7 organization, or agency; 

8 ‘‘(C) to restrain competition; or 

9 ‘‘(D) to prevent or delay the release of infor10 mation that does not require protection in the 

11 interest of transportation security, including 

12 basic scientific research information not clearly 

13 related to transportation security.’’. 

14 (c) CONFORMING AMENDMENTS.— 

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

16 Code, is amended by adding at the end thereof the fol17 lowing: 

18 ‘‘(4) LIMITATIONS.—Nothing in this subsection, 

19 or any other provision of law, shall be construed to 

20 authorize the designation of information as sensitive 

21 security information (as defined in section 1520.5 of 

22 title 49, Code of Federal Regulations)— 

23 ‘‘(A) to conceal a violation of law, ineffi24 ciency, or administrative error; 


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1 ‘‘(B) to prevent embarrassment to a person, 

2 organization, or agency; 

3 ‘‘(C) to restrain competition; or 

4 ‘‘(D) to prevent or delay the release of infor5 mation that does not require protection in the 

6 interest of transportation security, including 

7 basic scientific research information not clearly 

8 related to transportation security.’’. 

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

10 Code, is amended by adding at the end thereof the fol11 lowing: 

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

13 to authorize the designation of information as sen14 sitive security information (as defined in section 15.5 

15 of title 49, Code of Federal Regulations)— 

16 ‘‘(A) to conceal a violation of law, ineffi17 ciency, or administrative error; 

18 ‘‘(B) to prevent embarrassment to a person, 

19 organization, or agency; 

20 ‘‘(C) to restrain competition; or 

21 ‘‘(D) to prevent or delay the release of infor22 mation that does not require protection in the 

23 interest of transportation security, including 

24 basic scientific research information not clearly 

25 related to transportation security.’’. 


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1 DEFINITION OF SWITCHBLADE KNIVES

2 SEC. 565. Section 4 of the Act entitled ‘‘An Act to pro3 hibit the introduction, or manufacture for introduction, 

4 into interstate commerce of switchblade knives, and for 

5 other purposes’’ (commonly known as the Federal Switch6 blade Act) (15 U.S.C. 1244) is amended— 

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

8 (2) by striking the period at the end of para9 graph (4) and inserting ‘‘; or’’ and 

10 (3) by adding at the end the following: 

11 ‘‘(5) a knife that contains a spring, detent, or 

12 other mechanism designed to create a bias toward clo13 sure of the blade and that requires exertion applied 

14 to the blade by hand, wrist, or arm to overcome the 

15 bias toward closure to assist in opening the knife.’’. 

16 FEDERAL DEPOSIT INSURANCE ACT TECHNICAL

17 CORRECTION

18 SEC. 566. (a) APPLICABLE ANNUAL PERCENTAGE

19 RATE OF INTEREST.—Section 44(f)(1) of the Federal De20 posit Insurance Act (12 U.S.C. 1831u(f)(1)) is amended— 

21 (1) in the matter preceding subparagraph (A), 

22 by inserting ‘‘(or in the case of a governmental entity 

23 located in such State, paid)’’ after ‘‘received, or re24 served’’; and 

25 (2) in subparagraph (B)— 


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1 (A) in the matter preceding clause (i), by 

2 striking ‘‘nondepository institution operating in 

3 such State’’ and inserting ‘‘governmental entity 

4 located in such State or any person that is not 

5 a depository institution described in subpara6 graph (A) doing business in such State’’; 

7 (B) by redesignating clause (ii) as clause 

8 (iii); 

9 (C) in clause (i)— 

10 (i) in subclause (III)— 

11 (I) in item (aa), by adding ‘‘and’’ 

12 at the end; 

13 (II) in item (bb), by striking ‘‘, to 

14 facilitate’’ and all that follows through 

15 ‘‘2009’’; and 

16 (III) by striking item (cc); and 

17 (ii) by adding after subclause (III) the 

18 following: 

19 ‘‘(IV) the uniform accessibility of 

20 bonds and obligations issued under the 

21 American Recovery and Reinvestment 

22 Act of 2009;’’; and 

23 (D) by inserting after clause (i) the fol24 lowing: 


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1 ‘‘(ii) to facilitate interstate commerce 

2 through the issuance of bonds and obliga3 tions under any provision of State law, in4 cluding bonds and obligations for the pur5 pose of economic development, education, 

6 and improvements to infrastructure; and’’. 

7 (b) EFFECTIVE PERIOD.—The amendments made by 

8 this section shall apply with respect to contracts con9 summated during the period beginning on the date of enact10 ment of this Act and ending on December 31, 2010. 

11 DETAINEE PHOTOGRAPHIC RECORDS PROTECTION AND

12 OPEN FREEDOM OF INFORMATION ACT

13 SEC. 567. (a) DETAINEE PHOTOGRAPHIC RECORDS

14 PROTECTION.—(1) SHORT TITLE.—This subsection may be 

15 cited as the ‘‘Detainee Photographic Records Protection Act 

16 of 2009’’. 

17 (2) DEFINITIONS.—In this subsection: 

18 (A) COVERED RECORD.—The term ‘‘covered 

19 record’’ means any record— 

20 (i) that is a photograph that— 

21 (I) was taken during the period 

22 beginning on September 11, 2001, 

23 through January 22, 2009; and 

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1 tained after September 11, 2001, by the 

2 Armed Forces of the United States in 

3 operations outside of the United States; 

4 and 

5 (ii) for which a certification by the 

6 Secretary of Defense under paragraph (3) is 

7 in effect. 

8 (B) PHOTOGRAPH.—The term ‘‘photograph’’ 

9 encompasses all photographic images, whether 

10 originals or copies, including still photographs, 

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

12 motion pictures. 

13 (3) CERTIFICATION.— 

14 (A) IN GENERAL.—For any photograph de15 scribed under paragraph (2)(A)(i), the Secretary 

16 of Defense shall issue a certification, if the Sec17 retary of Defense, in consultation with the 

18 Chairman of the Joint Chiefs of Staff, deter19 mines that the disclosure of that photograph 

20 would endanger— 

21 (i) citizens of the United States; or 

22 (ii) members of the Armed Forces or 

23 employees of the United States Government 

24 deployed outside the United States. 


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1 (B) CERTIFICATION EXPIRATION.—A certifi2 cation under subparagraph (A) and a renewal of 

3 a certification under subparagraph (C) shall ex4 pire 3 years after the date on which the certifi5 cation or renewal, as the case may be, is made. 

6 (C) CERTIFICATION RENEWAL.—The Sec7 retary of Defense may issue— 

8 (i) a renewal of a certification in ac9 cordance with subparagraph (A) at any 

10 time; and 

11 (ii) more than 1 renewal of a certifi12 cation. 

13 (D) NOTICE TO CONGRESS.—A timely no14 tice of the Secretary’s certification shall be sub15 mitted to Congress. 

16 (4) NONDISCLOSURE OF DETAINEE RECORDS.—A 

17 covered record shall not be subject to— 

18 (A) disclosure under section 552 of title 5, 

19 United States Code (commonly referred to as the 

20 Freedom of Information Act); or 

21 (B) disclosure under any proceeding under 

22 that section. 

23 (5) RULE OF CONSTRUCTION.—Nothing in this 

24 subsection shall be construed to preclude the voluntary 

25 disclosure of a covered record. 


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1 (6) EFFECTIVE DATE.—This subsection shall take 

2 effect on the date of enactment of this Act and apply 

3 to any photograph created before, on, or after that 

4 date that is a covered record. 

5 (b) OPEN FREEDOM OF INFORMATION ACT.— 

6 (1) SHORT TITLE.—This subsection may be cited 

7 as the ‘‘OPEN FOIA Act of 2009’’. 

8 (2) SPECIFIC CITATIONS IN STATUTORY EXEMP9 TIONS.—Section 552(b) of title 5, United States Code, 

10 is amended by striking paragraph (3) and inserting 

11 the following: 

12 ‘‘(3) specifically exempted from disclosure by 

13 statute (other than section 552b of this title), if that 

14 statute— 

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

16 from the public in such a manner as to leave no 

17 discretion on the issue; or 

18 ‘‘(ii) establishes particular criteria for with19 holding or refers to particular types of matters 

20 to be withheld; and 

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

22 of the OPEN FOIA Act of 2009, specifically cites 

23 to this paragraph.’’. 

24 SEC. 568. (a) IN GENERAL.—Not later than 1 year 

25 after the date of the enactment of this Act, the Secretary 


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1 of Homeland Security shall, in consultation with the enti2 ties specified in subsection (c), submit to Congress a report 

3 on improving cross-border inspection processes in an effort 

4 to reduce the time to travel between locations in the United 

5 States and locations in Ontario and Quebec by intercity 

6 passenger rail. 

7 (b) CONTENTS.—The report required by subsection (a) 

8 shall include— 

9 (1) an evaluation of potential cross-border in10 spection processes and methods including rolling in11 spections that comply with Department of Homeland 

12 Security requirements that would reduce the time to 

13 perform inspections on routes between locations in the 

14 United States and locations in Ontario and Quebec 

15 by intercity passenger rail; 

16 (2) an assessment of the extent to which improv17 ing or expanding infrastructure and increasing staff18 ing could increase the efficiency with which intercity 

19 rail passengers are inspected at border crossings with20 out decreasing security; 

21 (3) an updated evaluation of the potential for 

22 pre-clearance by the Department of Homeland Secu23 rity of intercity rail passengers at locations along 

24 routes between locations in the United States and lo25 cations in Ontario and Quebec, including through the 


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1 joint use of inspection facilities with the Canada Bor2 der Services Agency, based on the report required by 

3 section 1523 of the Implementing Recommendations 

4 of the 9/11 Commission Act of 2007 (Public Law 

5 110–53; 121 Stat. 450); 

6 (4) an estimate of the timeline for implementing 

7 the methods for reducing the time to perform inspec8 tions between locations in the United States and loca9 tions in Ontario and Quebec by intercity passenger 

10 rail based on the evaluations and assessments de11 scribed in paragraphs (1), (2), and (3); and 

12 (5) a description of how such evaluations and as13 sessments would apply with respect to— 

14 (A) all existing intercity passenger rail 

15 routes between locations in the United States 

16 and locations in Ontario and Quebec, including 

17 designated high-speed rail corridors; 

18 (B) any intercity passenger rail routes be19 tween such locations that have been used over the 

20 past 20 years and on which cross-border pas21 senger rail service does not exist as of the date 

22 of the enactment of this Act; and 

23 (C) any potential future rail routes between 

24 such locations. 


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1 (c) ENTITIES SPECIFIED.—The entities to be consulted 

2 in the development of the report required by subsection (a) 

3 are— 

4 (1) the Government of Canada, including the 

5 Canada Border Services Agency and Transport Can6 ada and other agencies of the Government of Canada 

7 with responsibility for providing border services; 

8 (2) the Provinces of Ontario and Quebec; 

9 (3) the States of Maine, Massachusetts, New 

10 Hampshire, New York, and Vermont; 

11 (4) the National Railroad Passenger Corpora12 tion; and 

13 (5) the Federal Railroad Administration. 

14 ADMINISTRATIVE LAW JUDGES

15 SEC. 569. The administrative law judge annuitants 

16 participating in the Senior Administrative Law Judge Pro17 gram managed by the Director of the Office of Personnel 

18 Management under section 3323 of title 5, United States 

19 Code, shall be available on a temporary reemployment basis 

20 to conduct arbitrations of disputes as part of the arbitration 

21 panel established by the President under section 601 of divi22 sion A of the American Recovery and Reinvestment Act of 

23 2009 (Public Law 111–5; 123 Stat. 164). 


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1 PROPER DISPOSAL OF PERSONAL INFORMATION COLLECTED

2 THROUGH THE REGISTERED TRAVELER PROGRAM

3 SEC. 570. (a) IN GENERAL.—Any company that col4 lects or retains personal information directly from individ5 uals who participated in the Registered Traveler program 

6 shall safeguard and dispose of such information in accord7 ance with the requirements in— 

8 (1) the National Institute for Standards and 

9 Technology Special Publication 800–30, entitled 

10 ‘‘Risk Management Guide for Information Technology 

11 Systems’’; and 

12 (2) the National Institute for Standards and 

13 Technology Special Publication 800–53, Revision 3, 

14 entitled ‘‘Recommended Security Controls for Federal 

15 Information Systems and Organizations,’’; 

16 (3) any supplemental standards established by 

17 the Assistant Secretary, Transportation Security Ad18 ministration (referred to in this section as the ‘‘As19 sistant Secretary’’). 

20 (b) CERTIFICATION.—The Assistant Secretary shall re21 quire any company through the sponsoring entity described 

22 in subsection (a) to provide, not later than 30 days after 

23 the date of the enactment of this Act, written certification 

24 to the sponsoring entity that such procedures are consistent 

25 with the minimum standards established under paragraph 


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1 (a)(1–3) with a description of the procedures used to comply 

2 with such standards. 

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

4 of the enactment of this Act, the Assistant Secretary shall 

5 submit a report to Congress that— 

6 (1) describes the procedures that have been used 

7 to safeguard and dispose of personal information col8 lected through the Registered Traveler program; and 

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

10 company described in subsection (a) that such proce11 dures are consistent with the minimum standards es12 tablished by paragraph (a)(1–3). 

13 IMMIGRATION PROVISIONS

14 SEC. 571. (a) SPECIAL IMMIGRANT NONMINISTER RE15 LIGIOUS WORKER PROGRAM.— 

16 (1) EXTENSION.—Section 101(a)(27)(C)(ii) of 

17 the Immigration and Nationality Act (8 U.S.C. 1101 

18 (a)(27)(C)(ii)), as amended by section 2(a) of the 

19 Special Immigrant Nonminister Religious Worker 

20 Program Act (Public Law 110–391), is amended by 

21 striking ‘‘September 30, 2009’’ each place such term 

22 appears and inserting ‘‘September 30, 2012’’. 

23 (2) STUDY AND PLAN.—Not later than the earlier 

24 of 90 days after the date of the enactment of this Act 

25 or March 30, 2010, the Director of United States Citi26 zenship and Immigration Services shall submit a reVerDate Nov 24 2008 02:58 Jul 11, 2009 Jkt 079200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\H2892.PP H2892

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1 port to the Committee on the Judiciary of the Senate 

2 and the Committee on the Judiciary of the House of 

3 Representatives that includes— 

4 (A) the results of a study conducted under 

5 the supervision of the Director to evaluate the 

6 Special Immigrant Nonminister Religious Work7 er Program to identify the risks of fraud and 

8 noncompliance by program participants; and 

9 (B) a detailed plan that describes the ac10 tions to be taken by the Department of Home11 land Security against noncompliant program 

12 participants and future noncompliant program 

13 participants. 

14 (3) PROGRESS REPORT.—Not later than the ear15 lier of 90 days after the submission of the report 

16 under subsection (b) or June 30, 2010, the Director 

17 of United States Citizenship and Immigration Serv18 ices shall submit a report to the Committee on the Ju19 diciary of the Senate and the Committee on the Judi20 ciary of the House of Representatives that describes 

21 the progress made in reducing the number of non22 compliant participants of the Special Immigrant 

23 Nonminister Religious Worker Program. 

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

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1 nical Corrections Act of 1994 (8 U.S.C. 1182 note) is 

2 amended by striking ‘‘September 30, 2009’’ and inserting 

3 ‘‘September 30, 2012’’. 

4 (c) RELIEF FOR SURVIVING SPOUSES.— 

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

6 201(b)(2)(A)(i) of the Immigration and Nationality 

7 Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by strik8 ing ‘‘for at least 2 years at the time of the citizen’s 

9 death’’. 

10 (2) APPLICABILITY.— 

11 (A) IN GENERAL.—The amendment made 

12 by paragraph (1) shall apply to all applications 

13 and petitions relating to immediate relative sta14 tus under section 201(b)(2)(A)(i) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1151(b)(2)(A)(i)) pending on or after the date of 

17 the enactment of this Act. 

18 (B) TRANSITION CASES.— 

19 (i) IN GENERAL.—Notwithstanding 

20 any other provision of law, an alien de21 scribed in clause (ii) who seeks immediate 

22 relative status pursuant to the amendment 

23 made by paragraph (1) shall file a petition 

24 under section 204(a)(1)(A)(ii) of the Immi25 gration and Nationality Act (8 U.S.C. 


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1 1154(a)(1)(A)(ii)) not later than the date 

2 that is 2 years after the date of the enact3 ment of this Act. 

4 (ii) ALIENS DESCRIBED.—An alien is 

5 described in this clause if— 

6 (I) the alien’s United States cit7 izen spouse died before the date of the 

8 enactment of this Act; 

9 (II) the alien and the citizen 

10 spouse were married for less than 2 

11 years at the time of the citizen spouse’s 

12 death; and 

13 (III) the alien has not remarried. 

14 (d) HUMANITARIAN CONSIDERATION FOR PENDING

15 PETITIONS AND APPLICATIONS.— 

16 (1) AMENDMENT.—Section 204 of the Immigra17 tion and Nationality Act (8 U.S.C. 1154) is amended 

18 by adding at the end the following: 

19 ‘‘(l) HUMANITARIAN CONSIDERATION FOR PENDING

20 PETITIONS AND APPLICATIONS.— 

21 ‘‘(1) IN GENERAL.—An alien described in para22 graph (2) who was the beneficiary or derivative bene23 ficiary of a petition (as defined in section 204, 207, 

24 or 208) filed on behalf of the alien or principal bene25 ficiary before the death of the qualifying relative and 


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1 who continues to reside in the United States shall 

2 have such petition and any related or subsequent ap3 plications for adjustment of status to that of a person 

4 admitted for lawful permanent residence adjudicated 

5 as if the death had not occurred, unless the Secretary 

6 of Homeland Security determines, in the 

7 unreviewable discretion of the Secretary, that ap8 proval would not be in the public interest. 

9 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

10 this paragraph is an alien who, immediately prior to 

11 the death of his or her qualifying relative, was— 

12 ‘‘(A) an immediate relative (as described in 

13 section 201(b)(2)(A)(i)); 

14 ‘‘(B) a family-sponsored immigrant (as de15 scribed in subsection (a) or (d) of section 203); 

16 ‘‘(C) a derivative beneficiary of an employ17 ment-based immigrant under section 203(b) (as 

18 described in section 203(d)); 

19 ‘‘(D) a spouse or child of a refugee (as de20 scribed in section 207(c)(2)); or 

21 ‘‘(E) an asylee (as described in section 

22 208(b)(3)).’’. 

23 (2) CONSTRUCTION.—Nothing in the amendment 

24 made by paragraph (1) may be construed to limit or 

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1 tion or application, or other criteria for adjudicating 

2 petitions or applications as otherwise provided under 

3 the immigration laws of the United States other than 

4 ineligibility based solely on the lack of a qualifying 

5 family relationship as specifically provided by such 

6 amendment. 

7 SEC. 572. (a) The amount appropriated under the 

8 heading ‘‘Firefighter Assistance Grants’’ under the heading 

9 ‘‘Federal Emergency Management Agency’’ under by title 

10 III for necessary expenses for programs authorized by the 

11 Federal Fire Prevention and Control Act of 1974 is in12 creased by $10,000,000 for necessary expenses to carry out 

13 the programs authorized under section 33 of that Act (15 

14 U.S.C. 2229). 

15 (b) The total amount of appropriations under the 

16 heading ‘‘Aviation Security’’ under the heading ‘‘Transpor17 tation Security Administration’’ under title II, the amount 

18 for screening operations and the amount for explosives de19 tection systems under the first proviso under that heading 

20 and the amount for the purchase and installation of explo21 sives detection systems under the second proviso under that 

22 heading are reduced by $4,500,000. 

23 (c) From the unobligated balances of amounts appro24 priated before the date of enactment of this Act for the ap25 propriations account under the heading ‘‘State and Local 


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1 Programs’’ under the heading ‘‘Federal Emergency Man2 agement Agency’’ for ‘‘Trucking Industry Security Grants’’, 

3 $5,500,000 are rescinded. 

4 SEC. 573. None of the funds made available in this 

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

6 to prevent an individual not in the business of importing 

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

8 of the Federal Food, Drug, and Cosmetic Act) from import9 ing a prescription drug from Canada that complies with 

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

11 the prescription drug may not be— 

12 PROPER AWARDING OF INCENTIVE FEES FOR CONTRACT

13 PERFORMANCE

14 SEC. 574. Notwithstanding any other provision of this 

15 Act, none of the funds appropriated or otherwise made 

16 available by this Act may be used to pay award or incentive 

17 fees for contractor performance that has been judged to be 

18 below satisfactory performance or performance that does not 

19 meet the basic requirements of a contract. 

20 SEC. 575. None of the funds appropriated or otherwise 

21 made available by this Act may be used by the Department 

22 of Homeland Security to enter into any federal contract un23 less such contract is entered into in accordance with the 

24 requirements of the Federal Property and Administrative 

25 Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of 

26 title 10, United States Code, and the Federal Acquisition 


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1 Regulation, unless such contract is otherwise authorized by 

2 statute to be entered into without regard to the above ref3 erenced statutes. 

4 CHECKING THE IMMIGRATION STATUS OF EMPLOYEES

5 SEC. 576. Section 403(a)(3)(A) of the Illegal Immigra6 tion Reform and Immigrant Responsibility Act of 1996 

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

8 (1) by striking ‘‘The person’’ and inserting the 

9 following: 

10 ‘‘(i) UPON HIRING.—The person’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(ii) EXISTING EMPLOYEES.—An em13 ployer that elects to verify the employment 

14 eligibility of existing employees shall verify 

15 the employment eligibility of all such em16 ployees not later than 10 days after noti17 fying the Secretary of Homeland Security of 

18 such election.’’. 

19 This Act may be cited as the ‘‘Department of Home20 land Security Appropriations Act, 2010’’. 

Passed the House of Representatives June 24, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate July 10, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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