★

111TH CONGRESS 

1ST SESSION H. R. 2892 

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, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

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

5 TITLE I—DEPARTMENTAL MANAGEMENT AND 

6 OPERATIONS 

7 OFFICE OF THE SECRETARY AND EXECUTIVE

8 MANAGEMENT

9 For necessary expenses of the Office of the Secretary 

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

11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $147,427,000 (reduced by 

14 $17,000,000) (reduced by $6,000,000) (reduced by 

15 $5,000,000) (reduced by $1,700,000): Provided, That not 

16 to exceed $60,000 shall be for official reception and rep17 resentation expenses, of which $20,000 shall be made 

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

19 Program negotiations in Washington, DC. 

20 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

21 For necessary expenses of the Office of the Under 

22 Secretary for Management, as authorized by sections 701 

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

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

25 $5,900,000) (reduced by $14,000,000) (reduced by 
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1 $45,000,000) (reduced by $50,000,000), of which not less 

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

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

4 and representation expenses: Provided, That of the total 

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

6 shall remain available until expended solely for the alter7 ation and improvement of facilities, tenant improvements, 

8 and relocation costs to consolidate Department head9 quarters operations at the Nebraska Avenue Complex; and 

10 $17,131,000 shall remain available until expended for the 

11 Human Resources Information Technology program. 

12 OFFICE OF THE CHIEF FINANCIAL OFFICER

13 For necessary expenses of the Office of the Chief Fi14 nancial Officer, as authorized by section 103 of the Home15 land Security Act of 2002 (6 U.S.C. 113), $63,530,000 

16 (reduced by $3,000,000), of which $11,000,000 shall re17 main available until expended for financial systems con18 solidation efforts. 

19 OFFICE OF THE CHIEF INFORMATION OFFICER

20 For necessary expenses of the Office of the Chief In21 formation Officer, as authorized by section 103 of the 

22 Homeland Security Act of 2002 (6 U.S.C. 113), and De23 partment-wide technology investments, $299,593,000 (re24 duced by $18,000,000); of which $86,912,000 shall be 

25 available for salaries and expenses; and of which 
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1 $212,681,000 (reduced by $18,000,000), to remain avail2 able until expended, shall be available for development and 

3 acquisition of information technology equipment, software, 

4 services, and related activities for the Department of 

5 Homeland Security: Provided, That none of the funds ap6 propriated shall be used to support or supplement the ap7 propriations provided for the United States Visitor and 

8 Immigrant Status Indicator Technology project or the 

9 Automated Commercial Environment: Provided further, 

10 That the Chief Information Officer shall submit to the 

11 Committees on Appropriations of the Senate and the 

12 House of Representatives, not more than 60 days after 

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

14 for all information technology acquisition projects that: 

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

16 multiple components of the Department of Homeland Se17 curity through reimbursable agreements: Provided further, 

18 That such expenditure plan shall include each specific 

19 project funded, key milestones, all funding sources for 

20 each project, details of annual and lifecycle costs, and pro21 jected cost savings or cost avoidance to be achieved by the 

22 project. 

23 ANALYSIS AND OPERATIONS

24 For necessary expenses for intelligence analysis and 

25 operations coordination activities, as authorized by title II 
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1 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

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

3 be for official reception and representation expenses; and 

4 of which $199,677,000 shall remain available until Sep5 tember 30, 2011. 

6 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

7 COAST REBUILDING

8 For necessary expenses of the Office of the Federal 

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

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector 

12 General in carrying out the provisions of the Inspector 

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

14 which not to exceed $150,000 may be used for certain con15 fidential operational expenses, including the payment of 

16 informants, to be expended at the direction of the Inspec17 tor General. 

18 TITLE II—SECURITY, ENFORCEMENT, AND 

19 INVESTIGATIONS 

20 U.S. CUSTOMS AND BORDER PROTECTION

21 SALARIES AND EXPENSES

22 For necessary expenses for enforcement of laws relat23 ing to border security, immigration, customs, agricultural 

24 inspections and regulatory activities related to plant and 

25 animal imports, and transportation of unaccompanied 
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1 minor aliens; purchase and lease of up to 4,500 (4,000 

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

3 with individuals for personal services abroad; 

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

5 $34,000,000) (reduced by $1,000,000) (increased by 

6 $1,000,000), of which $3,226,000 shall be derived from 

7 the Harbor Maintenance Trust Fund for administrative 

8 expenses related to the collection of the Harbor Mainte9 nance Fee pursuant to section 9505(c)(3) of the Internal 

10 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not11 withstanding section 1511(e)(1) of the Homeland Security 

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

13 $45,000 shall be for official reception and representation 

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

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

16 become available in the Customs User Fee Account, except 

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

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

19 58c(f)(3)), shall be derived from that account; of which 

20 not to exceed $1,000,000 shall be for awards of compensa21 tion to informants, to be accounted for solely under the 

22 certificate of the Secretary of Homeland Security; and of 

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

24 of portable solar charging rechargeable battery systems, 

25 to be awarded under full and open competition: Provided, 
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1 That for fiscal year 2010, the overtime limitation pre2 scribed in section 5(c)(1) of the Act of February 13, 1911 

3 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwith4 standing any other provision of law, none of the funds ap5 propriated by this Act may be available to compensate any 

6 employee of U.S. Customs and Border Protection for over7 time, from whatever source, in an amount that exceeds 

8 such limitation, except in individual cases determined by 

9 the Secretary of Homeland Security, or the designee of 

10 the Secretary, to be necessary for national security pur11 poses, to prevent excessive costs, or in cases of immigra12 tion emergencies. 

13 AUTOMATION MODERNIZATION

14 For expenses for U.S. Customs and Border Protec15 tion automated systems, $462,445,000, to remain avail16 able until expended, of which not less than $267,960,000 

17 shall be for the development of the Automated Commercial 

18 Environment: Provided, That of the total amount made 

19 available under this heading, $167,960,000 may not be ob20 ligated for the Automated Commercial Environment pro21 gram until 30 days after the Committees on Appropria22 tions of the Senate and the House of Representatives re23 ceive a report on the results to date and plans for the 

24 program from the Department of Homeland Security. 
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1 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

2 TECHNOLOGY

3 For expenses for border security fencing, infrastruc4 ture, and technology, $732,000,000, to remain available 

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

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

7 obligated until the Committees on Appropriations of the 

8 Senate and the House of Representatives receive and ap9 prove a plan for expenditure, prepared by the Secretary 

10 of Homeland Security, reviewed by the Government Ac11 countability Office, and submitted not later than 90 days 

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

13 to establish and maintain a security barrier along the bor14 ders of the United States, of fencing and vehicle barriers 

15 where practicable, and of other forms of tactical infra16 structure and technology, that includes— 

17 (1) a detailed accounting of the program’s im18 plementation to date for all investments, including 

19 technology and tactical infrastructure, for funding 

20 already expended relative to system capabilities or 

21 services, system performance levels, mission benefits 

22 and outcomes, milestones, cost targets, program 

23 management capabilities, identification of the max24 imum investment, including life-cycle costs, related 

25 to the Secure Border Initiative program or any suc-
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1 cessor program, and description of the methodology 

2 used to obtain these cost figures; 

3 (2) a description of how specific projects will 

4 further the objectives of the Secure Border Initia5 tive, as defined in the Department of Homeland Se6 curity Secure Border Plan, and how the expenditure 

7 plan allocates funding to the highest priority border 

8 security needs; 

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

10 funds are to be obligated to meet future program 

11 commitments, with the planned expenditure of funds 

12 linked to the milestone-based delivery of specific ca13 pabilities, services, performance levels, mission bene14 fits and outcomes, and program management capa15 bilities; 

16 (4) an identification of staffing, including full17 time equivalents, contractors, and detailees, by pro18 gram office; 

19 (5) a description of how the plan addresses se20 curity needs at the Northern border and ports of 

21 entry, including infrastructure, technology, design 

22 and operations requirements, specific locations where 

23 funding would be used, and priorities for Northern 

24 border activities; 
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1 (6) a report on budget, obligations and expendi2 tures, the activities completed, and the progress 

3 made by the program in terms of obtaining oper4 ational control of the entire border of the United 

5 States; 

6 (7) a listing of all open Government Account7 ability Office and Office of Inspector General rec8 ommendations related to the program and the status 

9 of Department of Homeland Security actions to ad10 dress the recommendations, including milestones to 

11 fully address such recommendations; 

12 (8) a certification by the Chief Procurement Of13 ficer of the Department including all supporting doc14 uments or memoranda, and documentation and a de15 scription of the investment review processes used to 

16 obtain such certifications, that— 

17 (A) the program has been reviewed and ap18 proved in accordance with the investment man19 agement process of the Department, and that 

20 the process fulfills all capital planning and in21 vestment control requirements and reviews es22 tablished by the Office of Management and 

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

24 part 7; 
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1 (B) the plans for the program comply with 

2 the Federal acquisition rules, requirements, 

3 guidelines, and practices, and a description of 

4 the actions being taken to address areas of non5 compliance, the risks associated with such ac6 tions, together with any plans for addressing 

7 these risks, and the status of the implementa8 tion of such actions; and 

9 (C) procedures to prevent conflicts of in10 terest between the prime integrator and major 

11 subcontractors are established and that the Se12 cure Border Initiative Program Office has ade13 quate staff and resources to effectively manage 

14 the Secure Border Initiative program and all 

15 contracts under such program, including the ex16 ercise of technical oversight; 

17 (9) a certification by the Chief Information Of18 ficer of the Department including all supporting doc19 uments or memoranda, and documentation and a de20 scription of the investment review processes used to 

21 obtain such certifications that— 

22 (A) the system architecture of the program 

23 has been determined to be sufficiently aligned 

24 with the information systems enterprise archi25 tecture of the Department to minimize future 
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1 rework, including a description of all aspects of 

2 the architectures that were or were not assessed 

3 in making the alignment determination, the 

4 date of the alignment determination, and any 

5 known areas of misalignment together with the 

6 associated risks and corrective actions to ad7 dress any such areas; 

8 (B) the program has a risk management 

9 process that regularly and proactively identifies, 

10 evaluates, mitigates, and monitors risks 

11 throughout the system life cycle and commu12 nicates high-risk conditions to U.S. Customs 

13 and Border Protection and Department of 

14 Homeland Security investment decision-makers, 

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

16 risks and the status of efforts to address such 

17 risks; and 

18 (C) an independent verification and valida19 tion agent is currently under contract for the 

20 projects funded under this heading; 

21 (10) a certification by the Chief Human Capital 

22 Officer of the Department that the human capital 

23 needs of the Secure Border Initiative program are 

24 being addressed so as to ensure adequate staff and 
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1 resources to effectively manage the Secure Border 

2 Initiative; and 

3 (11) an analysis by the Secretary for each seg4 ment, defined as not more than 15 miles, of fencing 

5 or tactical infrastructure, of the selected approach 

6 compared to other, alternative means of achieving 

7 operational control, including cost, level of oper8 ational control, possible unintended effects on com9 munities, and other factors critical to the decision10 making process: 

11 Provided further, That the Secretary shall report to the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives on program progress, and obli14 gations and expenditures for all outstanding task orders 

15 as well as specific objectives to be achieved through the 

16 award of current and remaining task orders planned for 

17 the balance of available appropriations at least 15 days 

18 before the award of any task order requiring an obligation 

19 of funds in an amount greater than $25,000,000 and be20 fore the award of a task order that would cause cumulative 

21 obligations of funds to exceed 50 percent of the total 

22 amount appropriated: Provided further, That none of the 

23 funds made available under this heading may be obligated 

24 unless the Department has complied with section 

25 102(b)(1)(C)(i) of the Illegal Immigration Reform and 
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1 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 

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

3 on Appropriations of the Senate and the House of Rep4 resentatives: Provided further, That none of the funds 

5 made available under this heading may be obligated for 

6 any project or activity for which the Secretary has exer7 cised waiver authority pursuant to section 102(c) of the 

8 Illegal Immigration Reform and Immigrant Responsibility 

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

10 elapsed from the date of the publication of the decision 

11 in the Federal Register. 

12 AIR AND MARINE INTERDICTION, OPERATIONS, 

13 MAINTENANCE, AND PROCUREMENT

14 For necessary expenses for the operations, mainte15 nance, and procurement of marine vessels, aircraft, un16 manned aircraft systems, and other related equipment of 

17 the air and marine program, including operational train18 ing and mission-related travel, and rental payments for 

19 facilities occupied by the air or marine interdiction and 

20 demand reduction programs, the operations of which in21 clude the following: the interdiction of narcotics and other 

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

23 agencies in the enforcement or administration of laws en24 forced by the Department of Homeland Security; and at 

25 the discretion of the Secretary of Homeland Security, the 
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1 provision of assistance to Federal, State, and local agen2 cies in other law enforcement and emergency humani3 tarian efforts, $513,826,000, to remain available until ex4 pended: Provided, That no aircraft or other related equip5 ment, with the exception of aircraft that are one of a kind 

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

7 Border Protection requirements and aircraft that have 

8 been damaged beyond repair, shall be transferred to any 

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

10 Department of Homeland Security during fiscal year 2010 

11 without the prior approval of the Committees on Appro12 priations of the Senate and the House of Representatives. 

13 FACILITIES MANAGEMENT

14 For necessary expenses to plan, construct, renovate, 

15 equip, and maintain buildings and facilities necessary for 

16 the administration and enforcement of the laws relating 

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

18 to exceed $150,000 shall be available for payment for rent19 al space in connection with preclearance operations; and 

20 of which $279,870,000 shall remain available until ex21 pended; of which not more than $3,500,000 shall be for 

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

23 Border Protection Air and Marine facilities at El Paso 

24 International Airport, Texas. 
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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

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

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

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

8 $7,500,000 shall be available until expended for con9 ducting special operations under section 3131 of the Cus10 toms Enforcement Act of 1986 (19 U.S.C. 2081); of which 

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

12 representation expenses; of which not to exceed 

13 $1,000,000 shall be for awards of compensation to inform14 ants, to be accounted for solely under the certificate of 

15 the Secretary of Homeland Security; of which not less 

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

17 of the child pornography tipline and anti-child exploitation 

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

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

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

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

22 to fund or reimburse other Federal agencies for the costs 

23 associated with the care, maintenance, and repatriation of 

24 smuggled aliens unlawfully present in the United States: 

25 Provided, That none of the funds made available under 
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1 this heading shall be available to compensate any employee 

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

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

4 may waive that amount as necessary for national security 

5 purposes and in cases of immigration emergencies: Pro6 vided further, That of the total amount provided, 

7 $15,770,000 shall be for activities in fiscal year 2010 to 

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

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

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

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

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

13 to remove them from the United States once they are 

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

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

16 the Secretary, or the designee of the Secretary, shall re17 port to the Committees on Appropriations of the Senate 

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

19 after the end of each fiscal quarter, on progress imple20 menting the preceding proviso and the funds obligated 

21 during that quarter to make that progress: Provided fur22 ther, That the Secretary shall prioritize the identification 

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

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

25 provided, not less than $2,549,180,000 shall be for deten-
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1 tion and removal operations, including transportation of 

2 unaccompanied minor aliens: Provided further, That of the 

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

4 $1,700,000) shall remain available until September 30, 

5 2011, for the Visa Security Program: Provided further, 

6 That none of the funds provided under this heading may 

7 be used to continue a delegation of law enforcement au8 thority authorized under section 287(g) of the Immigra9 tion and Nationality Act (8 U.S.C. 1357(g)) if the Depart10 ment of Homeland Security Inspector General determines 

11 that the terms of the agreement governing the delegation 

12 of authority have been violated: Provided further, That 

13 none of the funds provided under this heading may be 

14 used to continue any contract for the provision of deten15 tion services if the two most recent overall performance 

16 evaluations received by the contracted facility are less than 

17 ‘‘adequate’’ or the equivalent median score in any subse18 quent performance evaluation system: Provided further, 

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

20 Immigation and Customs Enforcement from exercising 

21 those authorities provided under immigration laws (as de22 fined in section 101(a)(17) of the Immigration and Na23 tionality Act (8 U.S.C. 1101(a)(17))) during priority oper24 ations pertaining to aliens convicted of a crime: Provided 

25 further, That none of the funds provided under this head-
19 

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1 ing may be obligated to co-locate field offices of U.S. Im2 migration and Customs Enforcement until the Secretary 

3 of Homeland Security submits to the Committees on Ap4 propriations of the Senate and the House of Representa5 tives a plan for the nationwide implementation of the Al6 ternatives to Detention Program that identifies: (1) the 

7 funds required for nationwide program implementation; 

8 (2) the timeframe for achieving nationwide program im9 plementation; and (3) an estimate of the number of indi10 viduals who could be enrolled in a nationwide program. 

11 FEDERAL PROTECTIVE SERVICE

12 The revenues and collections of security fees credited 

13 to this account shall be available until expended for nec14 essary expenses related to the protection of Federally15 owned and leased buildings and for the operations of the 

16 Federal Protective Service: Provided, That the Secretary 

17 of Homeland Security and the Director of the Office of 

18 Management and Budget shall certify in writing to the 

19 Committees on Appropriations of the Senate and the 

20 House of Representatives no later than December 31, 

21 2009, that the operations of the Federal Protective Service 

22 will be fully funded in fiscal year 2010 through revenues 

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

24 to ensure fee collections are sufficient to ensure that the 

25 Federal Protective Service maintains not fewer than 1,200 
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1 full-time equivalent staff and 900 full-time equivalent Po2 lice Officers, Inspectors, Area Commanders, and Special 

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

4 daily basis protecting and enforcing laws at Federal build5 ings (referred to as ‘‘in-service field staff’’): Provided fur6 ther, That none of the funds made available in this Act 

7 may be used to modify or restructure the bureaucratic or8 ganization of the Federal Protective Service as part of 

9 U.S. Immigration and Customs Enforcement. 

10 AUTOMATION MODERNIZATION

11 For expenses of immigration and customs enforce12 ment automated systems, $105,000,000, to remain avail13 able until expended. 

14 CONSTRUCTION

15 For necessary expenses to plan, construct, renovate, 

16 equip, and maintain buildings and facilities necessary for 

17 the administration and enforcement of the laws relating 

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

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

20 made available in this Act may be used to solicit or con21 sider any request to privatize facilities currently owned by 

22 the United States Government and used to detain aliens 

23 unlawfully present in the United States until the Commit24 tees on Appropriations of the Senate and the House of 
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1 Representatives receive a plan for carrying out that privat2 ization. 

3 TRANSPORTATION SECURITY ADMINISTRATION

4 AVIATION SECURITY

5 For necessary expenses of the Transportation Secu6 rity Administration related to providing civil aviation secu7 rity services pursuant to the Aviation and Transportation 

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

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

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

11 shall be for official reception and representation expenses: 

12 Provided, That of the total amount made available under 

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

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

15 available for explosives detection systems; and not to ex16 ceed $855,964,000 shall be for aviation security direction 

17 and enforcement: Provided further, That of the amount 

18 made available in the preceding proviso for explosives de19 tection systems, $800,000,000 shall be available for the 

20 purchase and installation of these systems: Provided fur21 ther, That of the total amount provided, $1,250,000 shall 

22 be made available for Safe Skies Alliance to develop and 

23 enhance research and training capabilities for Transpor24 tation Security Officer improvised explosive recognition 

25 training: Provided further, That security service fees au-
22 

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1 thorized under section 44940 of title 49, United States 

2 Code, shall be credited to this appropriation as offsetting 

3 collections and shall be available only for aviation security: 

4 Provided further, That any funds collected and made avail5 able from aviation security fees pursuant to section 

6 44940(i) of title 49, United States Code, may, notwith7 standing paragraph (4) of such section 44940(i), be ex8 pended for the purpose of improving screening at airport 

9 screening checkpoints, which may include the purchase 

10 and utilization of emerging technology equipment; the re11 furbishment and replacement of current equipment; the 

12 installation of surveillance systems to monitor checkpoint 

13 activities; the modification of checkpoint infrastructure to 

14 support checkpoint reconfigurations; and the creation of 

15 additional checkpoints to screen aviation passengers and 

16 airport personnel: Provided further, That the sum appro17 priated under this heading from the general fund shall be 

18 reduced on a dollar-for-dollar basis as such offsetting col19 lections are received during fiscal year 2010, so as to re20 sult in a final fiscal year appropriation from the general 

21 fund estimated at not more than $3,165,740,000: Pro22 vided further, That any security service fees collected in 

23 excess of the amount made available under this heading 

24 shall become available during fiscal year 2011: Provided 

25 further, That Members of the House of Representatives 
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1 and Senate, including the leadership; the heads of Federal 

2 agencies and commissions, including the Secretary, Under 

3 Secretaries, and Assistant Secretaries of Homeland Secu4 rity; the Attorney General and Assistant Attorneys Gen5 eral and the United States attorneys; and senior members 

6 of the Executive Office of the President, including the Di7 rector of the Office of Management and Budget; shall not 

8 be exempt from Federal passenger and baggage screening. 

9 SURFACE TRANSPORTATION SECURITY

10 For necessary expenses of the Transportation Secu11 rity Administration related to providing surface transpor12 tation security activities, $103,416,000, to remain avail13 able until September 30, 2011. 

14 TRANSPORTATION THREAT ASSESSMENT AND

15 CREDENTIALING

16 For necessary expenses for the development and im17 plementation of screening programs of the Office of 

18 Transportation Threat Assessment and Credentialing, 

19 $171,999,000, to remain available until September 30, 

20 2011: Provided, That if the Assistant Secretary of Home21 land Security (Transportation Security Administration) 

22 determines that the Secure Flight program does not need 

23 to check airline passenger names against the full terrorist 

24 watch list, the Assistant Secretary shall certify to the 

25 Committees on Appropriations of the Senate and the 
24 

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1 House of Representatives that no significant security risks 

2 are raised by screening airline passenger names only 

3 against a subset of the full terrorist watch list. 

4 TRANSPORTATION SECURITY SUPPORT

5 For necessary expenses of the Transportation Secu6 rity Administration related to providing transportation se7 curity support and intelligence pursuant to the Aviation 

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

9 115 Stat. 597; 49 U.S.C. 40101 note), $992,980,000, to 

10 remain available until September 30, 2011: Provided, 

11 That not to exceed $5,000,000 may be obligated for head12 quarters administration until the Secretary of Homeland 

13 Security submits to the Committees on Appropriations of 

14 the Senate and the House of Representatives detailed ex15 penditure plans for checkpoint support and explosives de16 tection systems refurbishment, procurement, and installa17 tions on an airport-by-airport basis for fiscal year 2010: 

18 Provided further, That these plans shall be submitted no 

19 later than 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 vehi6 cles, which shall be for replacement only; purchase or lease 

7 of small boats for contingent and emergent requirements 

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

9 and service-life replacements for small boats for such re10 quirements, not to exceed a total of $26,000,000; minor 

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

12 total cost at any location; payments pursuant to section 

13 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 

14 1920); and recreation and welfare; $6,822,026,000, of 

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

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

17 deployments and other activities pursuant to section 

18 423(a)(1) of S. Con. Res. 13 (111th Congress), the concur19 rent resolution on the budget for fiscal year 2010; of which 

20 $24,500,000 shall be derived from the Oil Spill Liability 

21 Trust Fund to carry out the purposes of section 

22 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

23 2712(a)(5)); of which not to exceed $20,000 shall be for 

24 official reception and representation expenses: Provided, 

25 That none of the funds made available by this or any other 
26 

•HR 2892 EH1S 

1 Act shall be available for administrative expenses in con2 nection with shipping commissioners in the United States: 

3 Provided further, That none of the funds made available 

4 by this Act shall be for expenses incurred for recreational 

5 vessels under section 12114 of title 46, United States 

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

7 owners and credited to this appropriation: Provided fur8 ther, That the Coast Guard shall comply with the require9 ments of section 527 of Public Law 108–136 with respect 

10 to the Coast Guard Academy. 

11 ENVIRONMENTAL COMPLIANCE AND RESTORATION

12 For necessary expenses to carry out the environ13 mental compliance and restoration functions of the Coast 

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

15 $13,198,000, to remain available until expended. 

16 RESERVE TRAINING

17 For necessary expenses of the Coast Guard Reserve, 

18 as authorized by law; operations and maintenance of the 

19 reserve program; personnel and training costs; and equip20 ment and services; $133,632,000. 

21 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

22 For necessary expenses of acquisition, construction, 

23 renovation, and improvement of aids to navigation, shore 

24 facilities, vessels, and aircraft, including equipment related 

25 thereto; and maintenance, rehabilitation, lease and oper-
27 

•HR 2892 EH1S 

1 ation of facilities and equipment, as authorized by law; 

2 $1,347,480,000, of which $20,000,000 shall be derived 

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

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

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

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

7 repair, renovate, or improve vessels, small boats, and re8 lated equipment; of which $119,500,000 shall be available 

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

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

11 for shore facilities and aids to navigation facilities; of 

12 which $100,000,000 shall be available for personnel com13 pensation and benefits and related costs; and of which 

14 $1,014,980,000 shall be available until September 30, 

15 2014, for the Integrated Deepwater Systems program: 

16 Provided, That of the funds made available for the Inte17 grated Deepwater Systems program, $269,000,000 is for 

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

19 further, That the Secretary of Homeland Security shall 

20 submit to the Committees on Appropriations of the Senate 

21 and the House of Representatives, in conjunction with the 

22 President’s fiscal year 2011 budget, a review of the Re23 vised Deepwater Implementation Plan that identifies any 

24 changes to the plan for the fiscal year; an annual perform25 ance comparison of Integrated Deepwater Systems pro-
28 

•HR 2892 EH1S 

1 gram assets to pre-Deepwater legacy assets; a status re2 port of such legacy assets; a detailed explanation of how 

3 the costs of such legacy assets are being accounted for 

4 within the Integrated Deepwater Systems program; and 

5 the earned value management system gold card data for 

6 each Integrated Deepwater Systems program asset: Pro7 vided further, That the Secretary shall submit to the Com8 mittees on Appropriations of the Senate and the House 

9 of Representatives a comprehensive review of the Revised 

10 Deepwater Implementation Plan every 5 years, beginning 

11 in fiscal year 2011, that includes a complete projection 

12 of the acquisition costs and schedule for the duration of 

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

14 the Secretary shall annually submit to the Committees on 

15 Appropriations of the Senate and the House of Represent16 atives, at the time that the President’s budget is submitted 

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

18 future-years capital investment plan for the Coast Guard 

19 that identifies for each capital budget line item— 

20 (1) the proposed appropriation included in that 

21 budget; 

22 (2) the total estimated cost of completion; 

23 (3) projected funding levels for each fiscal year 

24 for the next 5 fiscal years or until project comple25 tion, whichever is earlier; 
29 

•HR 2892 EH1S 

1 (4) an estimated completion date at the pro2 jected funding levels; and 

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

4 of completion or estimated completion date from 

5 previous future-years capital investment plans sub6 mitted to the Committees on Appropriations of the 

7 Senate and the House of Representatives: 

8 Provided further, That the Secretary shall ensure that 

9 amounts specified in the future-years capital investment 

10 plan are consistent to the maximum extent practicable 

11 with proposed appropriations necessary to support the 

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

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

14 of title 31, United States Code, for that fiscal year: Pro15 vided further, That any inconsistencies between the capital 

16 investment plan and proposed appropriations shall be 

17 identified and justified: Provided further, That subsections 

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

19 Veterans’ Care, Katrina Recovery, and Iraq Accountability 

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

21 apply to fiscal year 2010. 

22 ALTERATION OF BRIDGES

23 For necessary expenses for alteration or removal of 

24 obstructive bridges, as authorized by section 6 of the Tru-
30 

•HR 2892 EH1S 

1 man-Hobbs Act (33 U.S.C. 516), $10,000,000, to remain 

2 available until expended. 

3 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

4 For necessary expenses for applied scientific re5 search, development, test, and evaluation; and for mainte6 nance, rehabilitation, lease, and operation of facilities and 

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

8 available until expended, of which $500,000 shall be de9 rived from the Oil Spill Liability Trust Fund to carry out 

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

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

12 be credited to and used for the purposes of this appropria13 tion funds received from State and local governments, 

14 other public authorities, private sources, and foreign coun15 tries for expenses incurred for research, development, test16 ing, and evaluation. 

17 RETIRED PAY

18 For retired pay, including the payment of obligations 

19 otherwise chargeable to lapsed appropriations for this pur20 pose, payments under the Retired Serviceman’s Family 

21 Protection and Survivor Benefits Plans, payment for ca22 reer status bonuses, concurrent receipts and combat-re23 lated special compensation under the National Defense 

24 Authorization Act, and payments for medical care of re25 tired personnel and their dependents under chapter 55 of 
31 

•HR 2892 EH1S 

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

2 available until expended. 

3 UNITED STATES SECRET SERVICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the United States Secret 

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

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

8 motor vehicles; purchase of motorcycles made in the 

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

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

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

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

13 facilities on private or other property not in Government 

14 ownership or control, as may be necessary to perform pro15 tective functions; payment of per diem or subsistence al16 lowances to employees where a protective assignment dur17 ing the actual day or days of the visit of a protectee re18 quires an employee to work 16 hours per day or to remain 

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

20 in firearms matches; presentation of awards; travel of 

21 United States Secret Service employees on protective mis22 sions without regard to the limitations on such expendi23 tures in this or any other Act if approval is obtained in 

24 advance from the Committees on Appropriations of the 

25 Senate and the House of Representatives; research and 
32 

•HR 2892 EH1S 

1 development; grants to conduct behavioral research in sup2 port of protective research and operations; and payment 

3 in advance for commercial accommodations as may be nec4 essary to perform protective functions; $1,457,409,000, of 

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

6 and representation expenses; of which not to exceed 

7 $100,000 shall be to provide technical assistance and 

8 equipment to foreign law enforcement organizations in 

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

10 forensic and related support of investigations of missing 

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

12 for a grant for activities related to the investigations of 

13 missing and exploited children and shall remain available 

14 until expended: Provided, That up to $18,000,000 pro15 vided for protective travel shall remain available until Sep16 tember 30, 2011: Provided further, That up to $1,000,000 

17 for National Special Security Events shall remain avail18 able until expended: Provided further, That the United 

19 States Secret Service is authorized to obligate funds in 

20 anticipation of reimbursements from Federal agencies and 

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

22 Code, receiving training sponsored by the James J. 

23 Rowley Training Center, except that total obligations at 

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

25 resources available under this heading at the end of the 
33 

•HR 2892 EH1S 

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

2 available under this heading shall be available to com3 pensate any employee for overtime in an annual amount 

4 in excess of $35,000, except that the Secretary of Home5 land Security, or the designee of the Secretary, may waive 

6 that amount as necessary for national security purposes: 

7 Provided further, That none of the funds made available 

8 to the United States Secret Service by this Act or by pre9 vious appropriations Acts may be made available for the 

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

11 Secretary of Homeland Security: Provided further, That 

12 the Director of the United States Secret Service may enter 

13 into an agreement to perform such service on a fully reim14 bursable basis. 

15 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

16 RELATED EXPENSES

17 For necessary expenses for acquisition, construction, 

18 repair, alteration, and improvement of facilities, 

19 $3,975,000, to remain available until expended. 

20 TITLE III—PROTECTION, PREPAREDNESS, 

21 RESPONSE, AND RECOVERY 

22 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

23 MANAGEMENT AND ADMINISTRATION

24 For salaries and expenses of the Office of the Under 

25 Secretary for the National Protection and Programs Di-
34 

•HR 2892 EH1S 

1 rectorate, support for operations, information technology, 

2 and the Office of Risk Management and Analysis, 

3 $44,577,000: Provided, That not to exceed $5,000 shall 

4 be for official reception and representation expenses. 

5 INFRASTRUCTURE PROTECTION AND INFORMATION

6 SECURITY

7 For necessary expenses for infrastructure protection 

8 and information security programs and activities, as au9 thorized by title II of the Homeland Security Act of 2002 

10 (6 U.S.C. 121 et seq.), $883,346,000, of which 

11 $744,085,000 shall remain available until September 30, 

12 2011: Provided, That of the amount made available under 

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

14 National Cyber Security Initiative program and 

15 $25,000,000 may not be obligated for the Next Generation 

16 Networks program until the Committees on Appropria17 tions of the Senate and the House of Representatives re18 ceive and approve a plan for expenditure for that program 

19 that describes the strategic context of the program; the 

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

21 funds allocated to achieving each of those goals: Provided 

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

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

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

25 for the Power and Cyber Systems Protection, Analysis, 
35 

•HR 2892 EH1S 

1 and Testing Program at the Idaho National Laboratory; 

2 $3,500,000 is for the Cyber Security Test Bed and Eval3 uation Center; $3,000,000 is for the Multi-State Informa4 tion Sharing and Analysis Center; $500,000 is for the Vir5 ginia Operational Integration Cyber Center of Excellence; 

6 $100,000 is for the Upstate New York Cyber Initiative; 

7 and $1,000,000 is for interoperable communications, tech8 nical assistance and outreach programs. 

9 UNITED STATES VISITOR AND IMMIGRANT STATUS

10 INDICATOR TECHNOLOGY

11 For necessary expenses for the development of the 

12 United States Visitor and Immigrant Status Indicator 

13 Technology project, as authorized by section 110 of the 

14 Illegal Immigration Reform and Immigrant Responsibility 

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

16 available until expended: Provided, That of the total 

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

18 may not be obligated for the United States Visitor and 

19 Immigrant Status Indicator Technology program until the 

20 Committees on Appropriations of the Senate and the 

21 House of Representatives receive a plan for expenditure 

22 prepared by the Secretary of Homeland Security that in23 cludes— 

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

25 progress to date relative to system capabilities or 
36 

•HR 2892 EH1S 

1 services, system performance levels, mission benefits 

2 and outcomes, milestones, cost targets, and program 

3 management capabilities; 

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

5 funds are to be obligated to meet future program 

6 commitments, with the planned expenditure of funds 

7 linked to the milestone-based delivery of specific ca8 pabilities, services, performance levels, mission bene9 fits and outcomes, and program management capa10 bilities; 

11 (3) a listing of all open Government Account12 ability Office and Office of Inspector General rec13 ommendations related to the program and the status 

14 of Department of Homeland Security actions to ad15 dress the recommendations, including milestones for 

16 fully addressing such recommendations; 

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

18 Officer of the Department that— 

19 (i) the program has been reviewed and ap20 proved in accordance with the investment man21 agement process of the Department; 

22 (ii) the process fulfills all capital planning 

23 and investment control requirements and re24 views established by the Office of Management 
37 

•HR 2892 EH1S 

1 and Budget, including as provided in Circular 

2 A–11, part 7; and 

3 (iii) the plans for the program comply with 

4 Federal acquisition rules, requirements, guide5 lines, and practices; and 

6 (B) a description by the Chief Procurement Of7 ficer of the actions being taken to address areas of 

8 non-compliance, the risks associated with such areas 

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

10 the status of the implementation of such actions; 

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

12 Officer of the Department that— 

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

15 program; 

16 (ii) the system architecture of the program 

17 is sufficiently aligned with the information sys18 tems enterprise architecture of the Department 

19 to minimize future rework, including a descrip20 tion of all aspects of the architecture that were 

21 or were not assessed in making the alignment 

22 determination, the date of the alignment deter23 mination, and any known areas of misalignment 

24 along with the associated risks and corrective 

25 actions to address any such areas; and 
38 

•HR 2892 EH1S 

1 (iii) the program has a risk management 

2 process that regularly identifies, evaluates, miti3 gates, and monitors risks throughout the sys4 tem life cycle, and communicates high-risk con5 ditions to agency and Department investment 

6 decision makers; and 

7 (B) a listing by the Chief Information Officer 

8 of all the program’s high risks and the status of ef9 forts to address them; 

10 (6) a certification by the Chief Human Capital 

11 Officer of the Department that the human capital 

12 needs of the program are being strategically and 

13 proactively managed, and that current human cap14 ital capabilities are sufficient to execute the plans 

15 discussed in the report; and 

16 (7) a detailed accounting of operation and 

17 maintenance, contractor services, and program costs 

18 associated with the management of identity services. 

19 OFFICE OF HEALTH AFFAIRS

20 For necessary expenses of the Office of Health Af21 fairs, $128,400,000, of which $30,411,000 is for salaries 

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

23 available until September 30, 2011, for biosurveillance, 

24 BioWatch, medical readiness planning, chemical response, 

25 and other activities, including $5,000,000 for the North 
39 

•HR 2892 EH1S 

1 Carolina Collaboratory for Bio-Preparedness, University 

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

3 to exceed $3,000 shall be for official reception and rep4 resentation expenses. 

5 FEDERAL EMERGENCY MANAGEMENT AGENCY

6 MANAGEMENT AND ADMINISTRATION

7 For necessary expenses for management and admin8 istration of the Federal Emergency Management Agency, 

9 $844,500,000, including activities authorized by the Na10 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

11 seq.), the Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro 

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

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

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

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

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

18 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

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

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

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

22 1394): Provided, That not to exceed $3,000 shall be for 

23 official reception and representation expenses: Provided 

24 further, That the President’s budget submitted under sec25 tion 1105(a) of title 31, United States Code, shall be de-
40 

•HR 2892 EH1S 

1 tailed by office for the Federal Emergency Management 

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

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

4 Urban Search and Rescue Response System, of which not 

5 to exceed $1,600,000 may be made available for adminis6 trative costs; and $6,995,000 shall be for the Office of 

7 National Capital Region Coordination. 

8 STATE AND LOCAL PROGRAMS

9 (INCLUDING TRANSFER OF FUNDS)

10 For grants, contracts, cooperative agreements, and 

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

12 $7,000,000) shall be allocated as follows: 

13 (1) $950,000,000 shall be for the State Home14 land Security Grant Program under section 2004 of 

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

16 Provided, That of the amount provided by this para17 graph, $60,000,000 shall be for Operation 

18 Stonegarden: Provided further, That notwithstanding 

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

20 year 2010, the Commonwealth of Puerto Rico shall 

21 make available to local and tribal governments 

22 amounts provided to the Commonwealth of Puerto 

23 Rico under this paragraph in accordance with sub24 section (c)(1) of such section 2004. 
41 

•HR 2892 EH1S 

1 (2) $887,000,000 (increased by $3,000,000) 

2 shall be for the Urban Area Security Initiative under 

3 section 2003 of the Homeland Security Act of 2002 

4 (6 U.S.C. 604), of which, notwithstanding subsection 

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

6 $3,000,000) shall be for grants to organizations (as 

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

8 Revenue Code of 1986 and exempt from taxation 

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

10 the Secretary of Homeland Security to be at high 

11 risk of a terrorist attack. 

12 (3) $40,000,000 (increased by $4,000,000) 

13 shall be for the Metropolitan Medical Response Sys14 tem under section 635 of the Post-Katrina Emer15 gency Management Reform Act of 2006 (6 U.S.C. 

16 723). 

17 (4) $15,000,000 shall be for the Citizen Corps 

18 Program. 

19 (5) $250,000,000 shall be for Public Transpor20 tation Security Assistance and Railroad Security As21 sistance under sections 1406 and 1513 of the Imple22 menting Recommendations of the 9/11 Commission 

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

24 That such public transportation security assistance 
42 

•HR 2892 EH1S 

1 shall be provided directly to public transportation 

2 agencies. 

3 (6) $250,000,000 shall be for Port Security 

4 Grants in accordance with 46 U.S.C. 70107, not5 withstanding 46 U.S.C 70107(c). 

6 (7) $12,000,000 shall be for Over-the-Road Bus 

7 Security Assistance under section 1532 of the Imple8 menting Recommendations of the 9/11 Commission 

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

10 (8) $50,000,000 shall be for Buffer Zone Pro11 tection Program Grants. 

12 (9) $50,000,000 shall be for grants in accord13 ance with section 204 of the REAL ID Act of 2005 

14 (49 U.S.C. 30301 note). 

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 

18 (6 U.S.C. 579). 

19 (11) $40,000,000 shall remain available until 

20 expended for grants for Emergency Operations Cen21 ters under section 614 of the Robert T. Stafford 

22 Disaster Relief and Emergency Assistance Act (42 

23 U.S.C. 5196c), as detailed in the statement accom24 panying this Act. 
43 

•HR 2892 EH1S 

1 (12) $235,000,000 shall be for training, exer2 cises, technical assistance, and other programs, of 

3 which— 

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

5 Domestic Preparedness Consortium in accord6 ance with section 1204 of the Implementing 

7 Recommendations of the 9/11 Commission Act 

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

9 shall be for the National Energetic Materials 

10 Research and Testing Center, New Mexico In11 stitute of Mining and Technology; $23,000,000 

12 shall be for the National Center for Biomedical 

13 Research and Training, Louisiana State Uni14 versity; $23,000,000 shall be for the National 

15 Emergency Response and Rescue Training Cen16 ter, Texas A&M University; $23,000,000 shall 

17 be for the National Exercise, Test, and Train18 ing Center, Nevada Test Site; and $40,000,000 

19 shall be for the Center for Domestic Prepared20 ness, Alabama; and 

21 (B) $3,000,000 shall be for the Rural Do22 mestic Preparedness Consortium, Eastern Ken23 tucky University: 

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

25 provided under this heading may be transferred to the 
44 

•HR 2892 EH1S 

1 Federal Emergency Management Agency ‘‘Management 

2 and Administration’’ account for program administration, 

3 and an expenditure plan for program administration shall 

4 be provided to the Committees on Appropriations of the 

5 Senate and the House of Representatives within 60 days 

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

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

8 applications for grants shall be made available to eligible 

9 applicants not later than 25 days after the date of enact10 ment of this Act, eligible applicants shall submit applica11 tions not later than 90 days after the grant announce12 ment, and the Administrator of the Federal Emergency 

13 Management Agency shall act within 90 days after receipt 

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

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

16 grants shall be made available to eligible applicants not 

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

18 eligible applicants shall submit applications within 45 days 

19 after the grant announcement, and the Federal Emer20 gency Management Agency shall act not later than 60 

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

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

23 of communications towers is not considered construction 

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

25 That grantees shall provide reports on their use of funds, 
45 

•HR 2892 EH1S 

1 as determined necessary by the Secretary: Provided fur2 ther, That: (a) the Center for Domestic Preparedness may 

3 provide training to emergency response providers from the 

4 Federal Government, foreign governments, or private enti5 ties, if the Center for Domestic Preparedness is reim6 bursed for the cost of such training, and any reimburse7 ment under this subsection shall be credited to the account 

8 from which the expenditure being reimbursed was made 

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

10 the purposes for which amounts in the account may be 

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

12 Preparedness shall ensure that any training provided 

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

14 the Center to train State and local emergency response 

15 providers. 

16 FIREFIGHTER ASSISTANCE GRANTS

17 For necessary expenses for programs authorized by 

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

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

20 $10,000,000), of which $380,000,000 (increased by 

21 $10,000,000) shall be available to carry out section 33 of 

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

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

24 2229a), to remain available until September 30, 2011: 

25 Provided, That not to exceed 5 percent of the amount 
46 

•HR 2892 EH1S 

1 available under this heading shall be available for program 

2 administration, and an expenditure plan for program ad3 ministration shall be provided to the Committees on Ap4 propriations of the Senate and the House of Representa5 tives within 60 days of the date of enactment of this Act. 

6 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

7 For necessary expenses for emergency management 

8 performance grants, as authorized by the National Flood 

9 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob10 ert T. Stafford Disaster Relief and Emergency Assistance 

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

12 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re13 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

14 $330,000,000: Provided, That total administrative costs 

15 shall not exceed 3 percent of the total amount appro16 priated under this heading. 

17 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

18 The aggregate charges assessed during fiscal year 

19 2010, as authorized in title III of the Departments of Vet20 erans Affairs and Housing and Urban Development, and 

21 Independent Agencies Appropriations Act, 1999 (42 

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

23 amounts anticipated by the Department of Homeland Se24 curity necessary for its radiological emergency prepared25 ness program for the next fiscal year: Provided, That the 
47 

•HR 2892 EH1S 

1 methodology for assessment and collection of fees shall be 

2 fair and equitable and shall reflect costs of providing such 

3 services, including administrative costs of collecting such 

4 fees: Provided further, That fees received under this head5 ing shall be deposited in this account as offsetting collec6 tions and will become available for authorized purposes on 

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

8 UNITED STATES FIRE ADMINISTRATION

9 For necessary expenses of the United States Fire Ad10 ministration and for other purposes, as authorized by the 

11 Federal Fire Prevention and Control Act of 1974 (15 

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

13 2002 (6 U.S.C. 101 et seq.), $45,588,000. 

14 DISASTER RELIEF

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses in carrying out the Robert 

17 T. Stafford Disaster Relief and Emergency Assistance Act 

18 (42 U.S.C. 5121 et seq.), $2,000,000,000, to remain avail19 able until expended: Provided, That the Federal Emer20 gency Management Agency shall submit an expenditure 

21 plan to the Committees on Appropriations of the Senate 

22 and the House of Representatives detailing the use of the 

23 funds for disaster readiness and support within 60 days 

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

25 That the Federal Emergency Management Agency shall 
48 

•HR 2892 EH1S 

1 submit to such Committees a quarterly report detailing 

2 obligations against the expenditure plan and a justifica3 tion for any changes in spending: Provided further, That 

4 of the total amount provided, $16,000,000 shall be trans5 ferred to the Department of Homeland Security Office of 

6 Inspector General for audits and investigations related to 

7 disasters, subject to section 503 of this Act: Provided fur8 ther, That up to $90,080,000 may be transferred to the 

9 Federal Emergency Management Agency ‘‘Management 

10 and Administration’’ account for management and admin11 istration functions: Provided further, That the amount 

12 provided in the previous proviso shall not be available for 

13 transfer to the ‘‘Management and Administration’’ ac14 count until the Federal Emergency Management Agency 

15 submits an expenditure plan to the Committees on Appro16 priations of the Senate and the House of Representatives: 

17 Provided further, That the Administrator of the Federal 

18 Emergency Management Agency shall report monthly be19 ginning July 1, 2009, to the Committee on Appropriations 

20 of the House of Representatives regarding the number of 

21 individuals and households in need of Federal disaster as22 sistance as a result of such severe storms, tornados, flood23 ing, and mudslides (under FEMA–1841–DR) but denied 

24 assistance due to failure to meet flood insurance require25 ments. Such report shall include the reasons and cir-
49 

•HR 2892 EH1S 

1 cumstances for each denial per individual and household: 

2 Provided further, That for any request for reimbursement 

3 from a Federal agency to the Department of Homeland 

4 Security to cover expenditures under the Robert T. Staf5 ford Disaster Relief and Emergency Assistance Act (42 

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

7 issued by the Department for such purposes, the Secretary 

8 of Homeland Security shall take appropriate steps to en9 sure that each agency is periodically reminded of Depart10 ment policies on— 

11 (1) the detailed information required in sup12 porting documentation for reimbursements; and 

13 (2) the necessity for timeliness of agency bil14 lings. 

15 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

16 For activities under section 319 of the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance Act 

18 (42 U.S.C. 5162), $295,000 is for the cost of direct loans: 

19 Provided, That gross obligations for the principal amount 

20 of direct loans shall not exceed $25,000,000: Provided fur21 ther, That the cost of modifying such loans shall be as 

22 defined in section 502 of the Congressional Budget Act 

23 of 1974 (2 U.S.C. 661a). 
50 

•HR 2892 EH1S 

1 FLOOD MAP MODERNIZATION FUND

2 For necessary expenses under section 1360 of the 

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

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

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

10 amount appropriated under this heading. 

11 NATIONAL FLOOD INSURANCE FUND

12 For activities under the National Flood Insurance 

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

15 $159,469,000, which shall remain available until Sep16 tember 30, 2011, and shall be derived from offsetting col17 lections assessed and collected under section 1308(b)(3) 

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

19 4015(b)(3)), which shall be available as follows: (1) not 

20 to exceed $52,149,000 for salaries and expenses associ21 ated with flood mitigation and flood insurance operations; 

22 and (2) no less than $107,320,000 for flood plain manage23 ment and flood mapping: Provided, That any additional 

24 fees collected pursuant to section 1308(b)(3) of the Na25 tional Flood Insurance Act of 1968 (42 U.S.C. 
51 

•HR 2892 EH1S 

1 4015(b)(3)) shall be credited as an offsetting collection to 

2 this account, to be available for flood plain management 

3 and flood mapping: Provided further, That if the Adminis4 trator of the Federal Emergency Management Agency de5 termines that such amount for salaries and expenses is 

6 insufficient, the Administrator of the Federal Emergency 

7 Management Agency may use amounts made available 

8 under this heading for flood plain management and flood 

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

10 if the Administrator submits to the Committees on Appro11 priations of the Senate and the House of Representatives 

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

13 for such purpose 30 days in advance of any such use: Pro14 vided further, That in fiscal year 2010, no funds shall be 

15 available from the National Flood Insurance Fund under 

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

17 (1) $85,000,000 for operating expenses; (2) $969,370,000 

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

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

20 $120,000,000, which shall remain available until expended 

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

22 be for severe repetitive loss properties under section 

23 1361A of the National Flood Insurance Act of 1968 (42 

24 U.S.C. 4102a), of which $10,000,000 shall be for repet25 itive insurance claims properties under section 1323 of the 
52 

•HR 2892 EH1S 

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

2 and of which $40,000,000 is for flood mitigation assist3 ance under section 1366 of the National Flood Insurance 

4 Act of 1968 (42 U.S.C. 4104c) notwithstanding subpara5 graphs (B) and (C) of subsection (b)(3) and subsection 

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

7 of 1968 (42 U.S.C. 4104c) and notwithstanding sub8 section (a)(7) of section 1310 of the National Flood Insur9 ance Act of 1968 (42 U.S.C. 4017): Provided further, That 

10 amounts collected under section 102 of the Flood Disaster 

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

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

13 deposited in the National Flood Insurance Fund to supple14 ment other amounts specified as available for section 1366 

15 of the National Flood Insurance Act of 1968, notwith16 standing 42 U.S.C. 4012a(f)(8), 4104c(i), and 

17 4104d(b)(2)-(3): Provided further, That total administra18 tive costs shall not exceed 4 percent of the total appropria19 tion. 

20 NATIONAL PREDISASTER MITIGATION FUND

21 For the predisaster mitigation grant program under 

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

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

24 $100,000,000, to remain available until expended and as 

25 detailed in the statement accompanying this Act: Pro-
53 

•HR 2892 EH1S 

1 vided, That the total administrative costs associated with 

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

3 made available under this heading. 

4 EMERGENCY FOOD AND SHELTER

5 To carry out the emergency food and shelter program 

6 pursuant to title III of the McKinney-Vento Homeless As7 sistance Act (42 U.S.C. 11331 et seq.), $200,000,000, to 

8 remain available until expended: Provided, That total ad9 ministrative costs shall not exceed 3.5 percent of the total 

10 amount made available under this heading. 

11 TITLE IV—RESEARCH AND DEVELOPMENT, 

12 TRAINING, AND SERVICES 

13 UNITED STATES CITIZENSHIP AND IMMIGRATION

14 SERVICES

15 For necessary expenses for citizenship and immigra16 tion services, $248,000,000 (increased by $50,000,000), 

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

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

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

20 as authorized by section 402 of the Illegal Immigration 

21 Reform and Immigrant Responsibility Act of 1996 (8 

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

23 with maintaining a legal workforce: Provided, That not24 withstanding any other provision of law, funds available 

25 to United States Citizenship and Immigration Services 
54 

•HR 2892 EH1S 

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

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

3 Administrator of General Services does not provide vehi4 cles for lease: Provided further, That the Director of 

5 United States Citizenship and Immigration Services may 

6 authorize employees who are assigned to those areas to 

7 use such vehicles to travel between the employees’ resi8 dences and places of employment: Provided further, That 

9 none of the funds made available under this heading may 

10 be obligated for processing applications for asylum or ref11 ugee status unless the Secretary of Homeland Security 

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

13 Code of Federal Regulations, to discontinue the asylum/ 

14 refugee surcharge: Provided further, That none of the 

15 funds made available under this heading for may be obli16 gated for development of the ‘‘REAL ID hub’’ until the 

17 Committees on Appropriations of the Senate and the 

18 House of Representatives receive and approve a plan for 

19 expenditure for that program that describes the strategic 

20 context of the program, the specific goals and milestones 

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

22 each of these goals and milestones. 
55 

•HR 2892 EH1S 

1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

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

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

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

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

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

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

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

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

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

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

23 to exceed $12,000 shall be for official reception and rep24 resentation expenses: Provided, That the Center is author25 ized to obligate funds in anticipation of reimbursements 
56 

•HR 2892 EH1S 

1 from agencies receiving training sponsored by the Center, 

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

3 shall not exceed total budgetary resources available at the 

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

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

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

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

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

9 the Federal Law Enforcement Training Accreditation 

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

13 Federal law enforcement training accreditation process to 

14 continue the implementation of measuring and assessing 

15 the quality and effectiveness of Federal law enforcement 

16 training programs, facilities, and instructors: Provided 

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

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

20 under the control of the Federal Law Enforcement Train21 ing Center to ensure that such training facilities are oper22 ated at the highest capacity throughout the fiscal year. 
57 

•HR 2892 EH1S 

1 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For acquisition of necessary additional real property 

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

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

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

11 SCIENCE AND TECHNOLOGY

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Office of the Under 

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

16 authorized by title III of the Homeland Security Act of 

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

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

19 and representation expenses. 

20 RESEARCH, DEVELOPMENT, ACQUISITION, AND

21 OPERATIONS

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

24 test and evaluation; acquisition; and operations; as author25 ized by title III of the Homeland Security Act of 2002 
58 

•HR 2892 EH1S 

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

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

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

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

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

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

11 manufacturing pilot project: Provided further, That 

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

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

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

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

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

22 the Secretary of Homeland Security receives a risk assess23 ment prepared by a person who is not an officer or em24 ployee of the Department of Homeland Security of wheth-
59 

•HR 2892 EH1S 

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

2 United States mainland. 

3 DOMESTIC NUCLEAR DETECTION OFFICE

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the Domestic Nuclear 

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

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

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

12 RESEARCH, DEVELOPMENT, AND OPERATIONS

13 For necessary expenses for radiological and nuclear 

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

15 $326,537,000 (increased by $50,000,000), to remain 

16 available until expended. 

17 TITLE V—GENERAL PROVISIONS 

18 (INCLUDING RESCISSIONS OF FUNDS)

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

20 this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

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

23 of this Act, the unexpended balances of prior appropria24 tions provided for activities in this Act may be transferred 

25 to appropriation accounts for such activities established 
60 

•HR 2892 EH1S 

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

2 applicable established accounts, and thereafter may be ac3 counted for as one fund for the same time period as origi4 nally enacted. 

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

6 provided by previous appropriations Acts to the agencies 

7 in or transferred to the Department of Homeland Security 

8 that remain available for obligation or expenditure in fiscal 

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

10 of the United States derived by the collection of fees avail11 able to the agencies funded by this Act, shall be available 

12 for obligation or expenditure through a reprogramming of 

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

14 activity; (2) eliminates a program, project, office, or activ15 ity; (3) increases funds for any program, project, or activ16 ity for which funds have been denied or restricted by the 

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

18 activity by either of the Committees on Appropriations of 

19 the Senate or the House of Representatives for a different 

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

21 which funding levels were requested for Federal full-time 

22 equivalents in the object classification tables contained in 

23 the fiscal year 2010 Budget Appendix for the Department 

24 of Homeland Security, as modified by the explanatory 

25 statement accompanying this Act, unless the Committees 
61 

•HR 2892 EH1S 

1 on Appropriations of the Senate and the House of Rep2 resentatives are notified 15 days in advance of such re3 programming of funds. 

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

5 by previous appropriations Acts to the agencies in or 

6 transferred to the Department of Homeland Security that 

7 remain available for obligation or expenditure in fiscal 

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

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

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

11 be available for obligation or expenditure for programs, 

12 projects, or activities through a reprogramming of funds 

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

14 that: (1) augments existing programs, projects, or activi15 ties; (2) reduces by 10 percent funding for any existing 

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

17 10 percent as approved by the Congress; or (3) results 

18 from any general savings from a reduction in personnel 

19 that would result in a change in existing programs, 

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

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives are notified 15 days in advance 

23 of such reprogramming of funds. 

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

25 made available for the current fiscal year for the Depart-
62 

•HR 2892 EH1S 

1 ment of Homeland Security by this Act or provided by 

2 previous appropriations Acts may be transferred between 

3 such appropriations, but no such appropriation, except as 

4 otherwise specifically provided, shall be increased by more 

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

6 transfer under this section shall be treated as a re7 programming of funds under subsection (b) and shall not 

8 be available for obligation unless the Committees on Ap9 propriations of the Senate and the House of Representa10 tives are notified 15 days in advance of such transfer. 

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

12 this section, no funds shall be reprogrammed within or 

13 transferred between appropriations after June 30, except 

14 in extraordinary circumstances that imminently threaten 

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

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

17 of this Act, the Secretary of Homeland Security shall sub18 mit to the Committees on Appropriations of the Senate 

19 and the House of Representatives a report listing all dollar 

20 amounts specified in this Act and accompanying explana21 tory statement that are identified in the detailed funding 

22 table at the end of the explanatory statement accom23 panying this Act or any other amounts specified in this 

24 Act or accompanying explanatory statement: Provided, 

25 That such dollar amounts specified in this Act and accom-
63 

•HR 2892 EH1S 

1 panying explanatory statement shall be subject to the con2 ditions and requirements of subsections (a), (b), and (c) 

3 of this section. 

4 SEC. 504. The Department of Homeland Security 

5 Working Capital Fund, established pursuant to section 

6 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

7 continue operations as a permanent working capital fund 

8 for fiscal year 2010: Provided, That none of the funds ap9 propriated or otherwise made available to the Department 

10 of Homeland Security may be used to make payments to 

11 the Working Capital Fund, except for the activities and 

12 amounts allowed in the President’s fiscal year 2010 budg13 et: Provided further, That funds provided to the Working 

14 Capital Fund shall be available for obligation until ex15 pended to carry out the purposes of the Working Capital 

16 Fund: Provided further, That all departmental components 

17 shall be charged only for direct usage of each Working 

18 Capital Fund service: Provided further, That funds pro19 vided to the Working Capital Fund shall be used only for 

20 purposes consistent with the contributing component: Pro21 vided further, That such fund shall be paid in advance or 

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

23 service: Provided further, That the Working Capital Fund 

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

25 Act. 
64 

•HR 2892 EH1S 

1 SEC. 505. Except as otherwise specifically provided 

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

3 remaining available at the end of fiscal year 2010 from 

4 appropriations for salaries and expenses for fiscal year 

5 2010 in this Act shall remain available through September 

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

7 the appropriations were provided: Provided, That prior to 

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

9 to the Committees on Appropriations of the Senate and 

10 the House of Representatives for approval in accordance 

11 with section 503 of this Act. 

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

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

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

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

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

20 contract award, other transactional agreement, or to issue 

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

22 announce publicly the intention to make such an award, 

23 including a contract covered by the Federal Acquisition 

24 Regulation, unless the Secretary of Homeland Security no25 tifies the Committees on Appropriations of the Senate and 
65 

•HR 2892 EH1S 

1 the House of Representatives at least 3 full business days 

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

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

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

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

8 of Representatives shall be notified not later than 5 full 

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

10 Provided further, That no notification shall involve funds 

11 that are not available for obligation: Provided further, 

12 That the notification shall include the amount of the 

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

14 were appropriated, and the account from which the funds 

15 are being drawn: Provided further, That the Federal 

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

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

20 the State and Local Programs. 

21 SEC. 508. Notwithstanding any other provision of 

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

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

25 law enforcement training without the advance approval of 
66 

•HR 2892 EH1S 

1 the Committees on Appropriations of the Senate and the 

2 House of Representatives, except that the Federal Law 

3 Enforcement Training Center is authorized to obtain the 

4 temporary use of additional facilities by lease, contract, 

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

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

9 for any construction, repair, alteration, or acquisition 

10 project for which a prospectus otherwise required under 

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

12 approved, except that necessary funds may be expended 

13 for each project for required expenses for the development 

14 of a proposed prospectus. 

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

16 of the Department of Homeland Security Appropriations 

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

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

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

20 sections applied to funds made available in that Act. 

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

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

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

25 may be used to process or approve a competition under 
67 

•HR 2892 EH1S 

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

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

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

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

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

9 shall research, develop, and procure new technologies to 

10 inspect and screen air cargo carried on passenger aircraft 

11 by the earliest date possible. 

12 (b) Checked baggage explosive detection equipment 

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

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

15 passenger aircraft to the greatest extent practicable at 

16 each airport until technologies developed under subsection 

17 (a) are available for such purpose. 

18 (c) The Assistant Secretary of Homeland Security 

19 (Transportation Security Administration) shall work with 

20 air carriers and airports to ensure that the screening of 

21 cargo carried on passenger aircraft, as defined in section 

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

24 (d) Not later than 45 days after the end of each quar25 ter, the Assistant Secretary shall submit to the Commit-
68 

•HR 2892 EH1S 

1 tees on Appropriations of the Senate and the House of 

2 Representatives a report on air cargo inspection statistics 

3 by airport and air carrier detailing the incremental 

4 progress being made to meet the requirements of section 

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

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

8 Security (Transportation Security Administration) shall 

9 submit to the Committees on Appropriations of the Senate 

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

11 Transportation Security Administration plans to meet the 

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

14 United States Code. The report shall identify the elements 

15 of the system to screen 100 percent of cargo transported 

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

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

20 49, United States Code, funds appropriated or transferred 

21 to the Transportation Security Administration ‘‘Aviation 

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

24 and 2007 that are recovered or deobligated shall be avail25 able only for the procurement or installation of explosives 
69 

•HR 2892 EH1S 

1 detection systems for air cargo, baggage, and checkpoint 

2 screening systems, subject to notification: Provided, That 

3 quarterly reports shall be submitted to the Committees on 

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

6 SEC. 515. Any funds appropriated to the Coast 

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

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

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

14 month, the Chief Financial Officer of the Department of 

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

18 that includes total obligations, on-board versus funded 

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

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

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

24 SEC. 518. The functions of the Federal Law Enforce25 ment Training Center instructor staff shall be classified 
70 

•HR 2892 EH1S 

1 as inherently governmental for the purpose of the Federal 

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

3 note). 

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

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

7 resources management system authorized by Section 

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

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

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

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

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

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

17 definition of employee as that term is defined in section 

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

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

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

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

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

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

25 threat to civil aviation security. 
71 

•HR 2892 EH1S 

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

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

5 maintenance and logistics commands, and the Coast 

6 Guard Academy, except that none of the funds provided 

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

8 Civil Engineering Unit unless specifically authorized by a 

9 statute enacted after the date of the enactment of this 

10 Act. 

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

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

13 to the Office of the Secretary and Executive Management, 

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

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

16 a grant or contract funded under such headings by any 

17 means other than full and open competition. 

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

19 funds for a contract awarded— 

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

21 statute, including obligation for a purchase made 

22 under a mandated preferential program, including 

23 the AbilityOne Program, that is authorized under 

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

25 seq.); 
72 

•HR 2892 EH1S 

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

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

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

5 the Federal Property and Administrative Services 

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

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

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

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

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

13 to human health or welfare. 

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

15 the Secretary of Homeland Security issues a waiver under 

16 this subsection, the Secretary shall submit notification of 

17 that waiver to the Committees on Appropriations of the 

18 Senate and the House of Representatives, including a de19 scription of the applicable contract and an explanation of 

20 why the waiver authority was used. The Secretary may 

21 not delegate the authority to grant such a waiver. 

22 (d) In addition to the requirements established by 

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

24 General of the Department of Homeland Security shall re25 view departmental contracts awarded through means other 
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•HR 2892 EH1S 

1 than a full and open competition to assess departmental 

2 compliance with applicable laws and regulations: Provided, 

3 That the Inspector General shall review selected contracts 

4 awarded in the previous fiscal year through other than full 

5 and open competition: Provided further, That in selecting 

6 which contracts to review, the Inspector General shall con7 sider the cost and complexity of the goods and services 

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

9 contract to fulfilling Department missions, past perform10 ance problems on similar contracts or by the selected ven11 dor, complaints received about the award process or con12 tractor performance, and such other factors as the Inspec13 tor General deems relevant: Provided further, That the In14 spector General shall report the results of the reviews to 

15 the Committees on Appropriations of the Senate and the 

16 House of Representatives. 

17 SEC. 523. None of the funds provided by this or pre18 vious appropriations Acts shall be used to fund any posi19 tion designated as a Principal Federal Official for any 

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5121 et seq.) declared disasters or 

22 emergencies. 

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

24 Act may be used by United States Citizenship and Immi25 gration Services to grant an immigration benefit unless 
74 

•HR 2892 EH1S 

1 the results of background checks required by law to be 

2 completed prior to the granting of the benefit have been 

3 received by United States Citizenship and Immigration 

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

5 the benefit. 

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

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

8 or other equine belonging to the Federal Government that 

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

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

11 through an adoption program that has safeguards against 

12 slaughter and inhumane treatment. 

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

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

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

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

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

18 a competition under Office of Management and Budget 

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

20 Coast Guard National Vessel Documentation Center. 

21 SEC. 528. The Secretary of Homeland Security shall 

22 require that all contracts of the Department of Homeland 

23 Security that provide award fees link such fees to success24 ful acquisition outcomes (which outcomes shall be speci25 fied in terms of cost, schedule, and performance). 
75 

•HR 2892 EH1S 

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

2 Office of the Secretary and Executive Management under 

3 this Act may be expended for any new hires by the Depart4 ment of Homeland Security that are not verified through 

5 the basic pilot program under section 401 of the Illegal 

6 Immigration Reform and Immigrant Responsibility Act of 

7 1996 (8 U.S.C. 1324a note). 

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

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

10 to prevent an individual not in the business of importing 

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

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

13 381(g)) from importing a prescription drug from Canada 

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

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

16 shall apply only to individuals transporting on their person 

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

18 exceed a 90-day supply: Provided further, That the pre19 scription drug may not be— 

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

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

22 802); or 

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

24 351 of the Public Health Service Act (42 U.S.C. 

25 262). 
76 

•HR 2892 EH1S 

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

2 Act may be used by the Secretary of Homeland Security 

3 or any delegate of the Secretary to issue any rule or regu4 lation which implements the Notice of Proposed Rule5 making related to Petitions for Aliens To Perform Tem6 porary Nonagricultural Services or Labor (H–2B) set out 

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

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

9 of 2002 (6 U.S.C. 391) is amended— 

10 (1) in subsection (a), by striking ‘‘Until Sep11 tember 30, 2009’’ and inserting ‘‘Until September 

12 30, 2010,’’; and 

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

14 30, 2009,’’ and inserting ‘‘September 30, 2010,’’. 

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

16 Act may be used for planning, testing, piloting, or devel17 oping a national identification card. 

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

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

20 days after the date that the President determines whether 

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

22 appeal is completed, the Administrator shall submit to the 

23 Committee on Homeland Security and Governmental Af24 fairs of the Senate, the Committee on Homeland Security 

25 of the House of Representatives, the Committee on Trans-
77 

•HR 2892 EH1S 

1 portation and Infrastructure of the House of Representa2 tives, the Committees on Appropriations of the Senate and 

3 the House of Representatives, and publish on the website 

4 of the Federal Emergency Management Agency, a report 

5 regarding that decision, which shall summarize damage 

6 assessment information used to determine whether to de7 clare a major disaster. 

8 (b) The Administrator may redact from a report 

9 under subsection (a) any data that the Administrator de10 termines would compromise national security. 

11 (c) In this section— 

12 (1) the term ‘‘Administrator’’ means the Ad13 ministrator of the Federal Emergency Management 

14 Agency; and 

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

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

17 Stafford Disaster Relief and Emergency Assistance 

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

19 SEC. 535. Notwithstanding any other provision of 

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

21 if the Secretary of Homeland Security determine that the 

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

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

24 shall liquidate the Plum Island asset by directing the Ad25 ministrator of General Services to sell, through public sale, 
78 

•HR 2892 EH1S 

1 all real and related personal property and transportation 

2 assets that support Plum Island operations, subject to 

3 such terms and conditions as the Secretary determines are 

4 necessary to protect government interests and meet pro5 gram requirements: Provided, That the proceeds of such 

6 sale shall be deposited as offsetting collections into the De7 partment of Homeland Security Science and Technology 

8 ‘‘Research, Development, Acquisition, and Operations’’ ac9 count and, subject to appropriation, shall be available until 

10 expended, for site acquisition, construction, and costs re11 lated to the construction of the National Bio– and Agro– 

12 defense Facility, including the costs associated with the 

13 sale, including due diligence requirements, necessary envi14 ronmental remediation at Plum Island, and reimburse15 ment of expenses incurred by the General Services Admin16 istration: Provided further, That after the completion of 

17 construction and environmental remediation, the unex18 pended balances of funds appropriated for costs referred 

19 to in the preceding proviso shall be available for transfer 

20 to the appropriate account for design and construction of 

21 a consolidated Department of Homeland Security Head22 quarters project, excluding daily operations and mainte23 nance costs, notwithstanding section 503 of this Act, and 

24 the Committees on Appropriations of the Senate and the 
79 

•HR 2892 EH1S 

1 House of Representatives shall be notified 15 days prior 

2 to such transfer. 

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

4 to report or certify to the Committees on Appropriations 

5 of the Senate and the House of Representatives may not 

6 delegate such authority to perform that act unless specifi7 cally authorized herein. 

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

9 consultation with the Secretary of the Treasury, shall no10 tify the Committees on Appropriations of the Senate and 

11 the House of Representatives of any proposed transfers 

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

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

14 from the Department of the Treasury Forfeiture Fund to 

15 any agency within the Department of Homeland Security: 

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

17 transfer may be obligated until the Committees on Appro18 priations of the Senate and the House of Representatives 

19 approve the proposed transfers. 

20 SEC. 538. If the Assistant Secretary of Homeland Se21 curity (Transportation Security Administration) deter22 mines that an airport does not need to participate in the 

23 basic pilot program under section 402 of the Illegal Immi24 gration Reform and Immigrant Responsibility Act of 1996 

25 (8 U.S.C. 1324a note), the Assistant Secretary shall cer-
80 

•HR 2892 EH1S 

1 tify to the Committees on Appropriations of the Senate 

2 and the House of Representatives that no security risks 

3 will result from such non-participation. 

4 SEC. 539. From the unobligated balances of prior 

5 year appropriations made available for ‘‘Analysis and Op6 erations’’, $2,203,000 is rescinded. 

7 SEC. 540. The explanatory statement referenced in 

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

9 Predisaster Mitigation Fund’’ under Federal Emergency 

10 Management Agency is deemed to be amended— 

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

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

13 following: 

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

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

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

14 (2) by striking ‘‘Santee and’’; 

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

16 ‘‘1,500,000’’; 

17 (4) by inserting after the item relating to Adju18 tant General’s Office of Emergency Preparedness 

19 the following: 

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

20 and 
81 

•HR 2892 EH1S 

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

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

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

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

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

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

8 SEC. 542. From the unobligated balances of prior 

9 year appropriations made available for the ‘‘Infrastructure 

10 Protection and Information Security’’ account, 

11 $5,963,000 is rescinded. 

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

14 acquisition, construction, and improvements for shoreside 

15 facilities and aids to navigation at Coast Guard Sector 

16 Buffalo, the Secretary of Homeland Security shall use 

17 such sums as may be necessary to make improvements to 

18 the land along the northern portion of Sector Buffalo to 

19 enhance public access to the Buffalo Lighthouse and the 

20 waterfront. 

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

22 Secretary may provide to personnel appointed or assigned 

23 to serve abroad, allowances and benefits similar to those 

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

25 Act of 1990 (22 U.S.C. 4081 et seq.). 
82 

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

2 143 of Division A of the Consolidated Security, Disaster 

3 Assistance, and Continuing Appropriations Act, 2009 

4 (Public Law 110–329; 122 Stat. 3580 et seq.), as amend5 ed by section 101 of division J of the Omnibus Appropria6 tions Act, 2009 (Public Law 111–8), is amended by strik7 ing ‘‘September 30, 2009’’ and inserting ‘‘September 30, 

8 2011’’. 

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

11 (1) FUNDING UNDER AGREEMENT.—Effective 

12 for fiscal years beginning on or after October 1, 

13 2009, the Commissioner of Social Security and the 

14 Secretary of Homeland Security shall enter into and 

15 maintain an agreement which shall— 

16 (A) provide funds to the Commissioner for 

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

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

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

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

25 section 404, but only that portion of such 
83 

•HR 2892 EH1S 

1 costs that are attributable exclusively to 

2 such responsibilities; and 

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

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

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

9 quarterly in advance of the applicable quarter 

10 based on estimating methodology agreed to by 

11 the Commissioner and the Secretary (except in 

12 such instances where the delayed enactment of 

13 an annual appropriation may preclude such 

14 quarterly payments); and 

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

17 funds provided under the agreement, which 

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

21 the Department of Homeland Security. 

22 (2) CONTINUATION OF EMPLOYMENT

23 VERIFICATION IN ABSENCE OF TIMELY AGREE24 MENT.—In any case in which the agreement re25 quired under paragraph (1) for any fiscal year be-
84 

•HR 2892 EH1S 

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

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

3 recent agreement between the Commissioner and the 

4 Secretary of Homeland Security providing for fund5 ing to cover the costs of the responsibilities of the 

6 Commissioner under section 404 of the Illegal Immi7 gration Reform and Immigrant Responsibility Act of 

8 1996 (8 U.S.C. 1324a note) shall be deemed in ef9 fect on an interim basis for such fiscal year until 

10 such time as an agreement required under para11 graph (1) is subsequently reached, except that the 

12 terms of such interim agreement shall be modified 

13 by the Director of the Office of Management and 

14 Budget to adjust for inflation and any increase or 

15 decrease in the volume of requests under the basic 

16 pilot confirmation system. In any case in which an 

17 interim agreement applies for any fiscal year under 

18 this paragraph, the Commissioner and the Secretary 

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

20 notify the Committee on Ways and Means of the 

21 House of Representatives, the Committees on the 

22 Judiciary of the Senate and the House of Represent23 atives, the Committees on Appropriations of the 

24 Senate and the House of Representatives, and the 

25 Committee on Finance of the Senate of the failure 
85 

•HR 2892 EH1S 

1 to reach the agreement required under paragraph 

2 (1) for such fiscal year. Until such time as the 

3 agreement required under paragraph (1) has been 

4 reached for such fiscal year, the Commissioner and 

5 the Secretary shall, not later than the end of each 

6 90-day period after October 1 of such fiscal year, 

7 notify such Committees of the status of negotiations 

8 between the Commissioner and the Secretary in 

9 order to reach such an agreement. 

10 (c) GAO STUDY OF BASIC PILOT CONFIRMATION

11 SYSTEM.— 

12 (1) IN GENERAL.—As soon as practicable after 

13 the date of the enactment of this Act, the Comp14 troller General shall conduct a study regarding erro15 neous tentative nonconfirmations under the basic 

16 pilot confirmation system established under section 

17 404(a) of the Illegal Immigration Reform and Immi18 grant Responsibility Act of 1996 (8 U.S.C. 1324a 

19 note). 

20 (2) MATTERS TO BE STUDIED.—In the study 

21 required under paragraph (1), the Comptroller Gen22 eral shall determine and analyze— 

23 (A) the causes of erroneous tentative non24 confirmations under the basic pilot confirmation 

25 system; 
86 

•HR 2892 EH1S 

1 (B) the processes by which such erroneous 

2 tentative nonconfirmations are remedied; and 

3 (C) the effect of such erroneous tentative 

4 nonconfirmations on individuals, employers, and 

5 Federal agencies. 

6 (3) REPORT.—Not later than 2 years after the 

7 date of the enactment of this Act, the Comptroller 

8 General shall submit the results of the study re9 quired under paragraph (1) to the Committee on 

10 Ways and Means of the House of Representatives, 

11 the Committees on the Judiciary of the Senate and 

12 the House of Representatives, the Committee on Fi13 nance of the Senate, and the Committees on Appro14 priations of the Senate and the House of Represent15 atives. 

16 (d) GAO STUDY OF EFFECTS OF BASIC PILOT PRO17 GRAM ON SMALL ENTITIES.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of the enactment of this Act, the Comp20 troller General shall submit to the Committees on 

21 the Judiciary of the Senate and the House of Rep22 resentatives and the Committees on Appropriations 

23 of the Senate and the House of Representatives a 

24 report containing the Comptroller General’s analysis 

25 of the effects of the basic pilot program described in 
87 

•HR 2892 EH1S 

1 section 404(a) of the Illegal Immigration Reform 

2 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

3 1324a note) on small entities (as defined in section 

4 601 of title 5, United States Code). The report shall 

5 detail— 

6 (A) the costs of compliance with such pro7 gram on small entities; 

8 (B) a description and an estimate of the 

9 number of small entities enrolled and partici10 pating in such program or an explanation of 

11 why no such estimate is available; 

12 (C) the projected reporting, recordkeeping, 

13 and other compliance requirements of such pro14 gram on small entities; 

15 (D) factors that impact small entities’ en16 rollment and participation in such program, in17 cluding access to appropriate technology, geog18 raphy, entity size, and class of entity; and 

19 (E) the steps, if any, the Secretary of 

20 Homeland Security has taken to minimize the 

21 economic impact of participating in such pro22 gram on small entities. 

23 (2) DIRECT AND INDIRECT EFFECTS.—The re24 port shall cover, and treat separately, direct effects 

25 (such as wages, time, and fees spent on compliance) 
88 

•HR 2892 EH1S 

1 and indirect effects (such as the effect on cash flow, 

2 sales, and competitiveness). 

3 (3) SPECIFIC CONTENTS.—The report shall pro4 vide specific and separate details with respect to— 

5 (A) small businesses (as defined in section 

6 601 of title 5, United States Code) with fewer 

7 than 50 employees; and 

8 (B) small entities operating in States that 

9 have mandated use of the basic pilot program. 

10 SEC. 546. (a) IN GENERAL.—Strike subparagraphs 

11 (A) through (C) that appear within section 426(b) of divi12 sion J of the Consolidated Appropriations Act, 2005 (Pub13 lic Law 108–447) and insert the following: 

14 ‘‘(A) SECRETARAY OF STATE.—One-third 

15 of the amounts deposited into the Fraud Pre16 vention and Detection Account shall remain 

17 available to the Secretary of State until ex18 pended for programs and activities— 

19 ‘‘(i) to increase the number of con20 sular and diplomatic security personnel as21 signed primarily to the function of pre22 venting and detecting fraud by applicants 

23 for visas described in subparagraph (H)(i), 

24 (H)(ii), or (L) of section 101(a)(15); 
89 

•HR 2892 EH1S 

1 ‘‘(ii) otherwise to prevent and detect 

2 visa fraud, including fraud by applicants 

3 for visas described in subparagraph (H)(i), 

4 (H)(ii), or (L) of section 101(a)(15), as 

5 well as the purchase, lease, construction, 

6 and staffing of facilities for the processing 

7 of these classes of visa, in consultation 

8 with the Secretary of Homeland Security 

9 as appropriate; and 

10 ‘‘(iii) upon request by the Secretary of 

11 Homeland Security, to assist such Sec12 retary in carrying out the fraud prevention 

13 and detection programs and activities de14 scribed in subparagraph (B). 

15 ‘‘(B) SECRETARY OF HOMELAND SECU16 RITY.—One-third of the amounts deposited into 

17 the Fraud Prevention and Detection Account 

18 shall remain available to the Secretary of 

19 Homeland Security until expended for programs 

20 and activities to prevent and detect immigration 

21 benefit fraud, including fraud with respect to 

22 petitions filed under paragraph (1) or (2)(A) of 

23 section 214(c) to grant an alien nonimmigrant 

24 status described in subparagraph (H) or (L) of 

25 section 101(a)(15). 
90 

•HR 2892 EH1S 

1 ‘‘(C) SECRETARY OF LABOR.—One-third of 

2 the amounts deposited into the Fraud Preven3 tion and Detection Account shall remain avail4 able to the Secretary of Labor until expended 

5 for wage and hour enforcement programs and 

6 activities otherwise authorized to be conducted 

7 by the Secretary of Labor that focus on indus8 tries likely to employ nonimmigrants, including 

9 enforcement programs and activities described 

10 in section 212(n) and enforcement programs 

11 and activities related to section 

12 214(c)(14)(A)(i).’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date of the enact15 ment of this Act. 

16 CLARIFICATION OF FEE AUTHORITY

17 SEC. 547. (a) IN GENERAL.—In addition to collection 

18 of registration fees described in section 244(c)(1)(B) of 

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

20 1254a(c)(1)(B)), fees for fingerprinting services, biometric 

21 services, and other necessary services may be collected 

22 when administering the program described in section 244 

23 of such Act. 

24 (b) CONSTRUCTION.—Subsection (a) shall be con25 strued to apply for fiscal year 1998 and each fiscal year 

26 thereafter. 
91 

•HR 2892 EH1S 

1 SEC. 548. Section 550(b) of the Department of 

2 Homeland Security Appropriations Act, 2007 (Public Law 

3 109–295; 6 U.S.C. 121 note) is amended by striking 

4 ‘‘three years after the date of enactment of this Act’’ and 

5 inserting ‘‘October 4, 2010’’. 

6 SEC. 549. For Fiscal Year 2010 and thereafter, the 

7 Secretary of Homeland Security may collect fees from any 

8 non-Federal participant in a conference, seminar, exhi9 bition, symposium, or similar meeting conducted by the 

10 Department of Homeland Security in advance of the con11 ference, either directly or by entering into a contract, and 

12 those fees shall be credited to the appropriation or account 

13 from which the costs of the conference, seminar, exhi14 bition, symposium, or similar meeting are paid and shall 

15 be available to pay the costs of the Department of Home16 land Security with respect to the conference or to reim17 burse the Department for costs incurred with respect to 

18 the conference. In the event the total amount of fees col19 lected with respect to a conference exceeds the actual costs 

20 of the Department of Homeland Security with respect to 

21 the conference, the amount of such excess shall be depos22 ited into the Treasury as miscellaneous receipts. 

23 SEC. 550. From unobligated balances for fiscal year 

24 2009 made available for the Federal Emergency Manage-
92 

•HR 2892 EH1S 

1 ment Agency ‘‘Trucking Industry Security Grants’’ ac2 count, $5,572,000 is rescinded. 

3 SEC. 551. None of the funds made avilable in this 

4 Act may be obligated for full–scale procurement of Ad5 vanced Spectroscopic Portal monitors until the Secretary 

6 of Homeland Security submits to the Committees on Ap7 propriations of the Senate and the House of Representa8 tives a report certifying that a significant increase in oper9 ational effectiveness will be achieved: Provided, That the 

10 Secretary shall submit separate and distinct certifications 

11 prior to the procurement of Advaced Spectroscopic Portal 

12 monitors for primary and secondary deployment that ad13 dress the unique requirements for operational effectiveness 

14 of each type of deployment: Provided further, That the 

15 Secretary shall consult with the National Academy of 

16 Sciences before making such certifications: Provided fur17 ther, That none of the funds provided in this Act may be 

18 obligated for high-risk concurrent development and pro19 duction of mutually dependent software and hardware. 

20 SEC. 552. (a) As part of a plan regarding the pro21 posed disposition of any individual who is detained, as of 

22 April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, 

23 the Secretary of Homeland Security shall conduct a threat 

24 assessment for each such individual who is proposed to 

25 be transferred to the continental United States, Alaska, 
93 

•HR 2892 EH1S 

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

2 Territories that— 

3 (1) determines the risk that the individual 

4 might instigate an act of terrorism within the conti5 nental United States, Alaska, Hawaii, the District of 

6 Columbia, or the United States Territories if the in7 dividual were so transferred; and 

8 (2) determines the risk that the individual 

9 might advocate, coerce, or incite violent extremism, 

10 ideologically motivated criminal activity, or acts of 

11 terrorism, among inmate populations at incarcer12 ation facilities within the continental United States, 

13 Alaska, Hawaii, the District of Columbia, or the 

14 United States Territories if the individual were 

15 transferred to such a facility. 

16 (b) Section 44903(j)(2)(C) of title 49, United States 

17 Code, is amended by adding at the end the following new 

18 clause: 

19 ‘‘(v) INCLUSION OF DETAINEES ON NO

20 FLY LIST.—The Assistant Secretary, in co21 ordination with the Terrorist Screening 

22 Center, shall include on the No Fly List 

23 any individual who was a detainee held at 

24 the Naval Station, Guantanamo Bay, 

25 Cuba, unless the President certifies in 
94 

•HR 2892 EH1S 

1 writing to Congress that the detainee poses 

2 no threat to the United States, its citizens, 

3 or its allies. For purposes of this clause, 

4 the term ‘detainee’ means an individual in 

5 the custody or under the physical control 

6 of the United States as a result of armed 

7 conflict.’’. 

8 (c) None of the funds made available in this Act may 

9 be used to provide any immigration benefit (including a 

10 visa, admission into the United States, parole into the 

11 United States, or classification as a refugee or applicant 

12 for asylum) to any individual who is detained, as of April 

13 20, 2009, at Naval Station, Guantanamo Bay, Cuba. 

14 (d) Nothing in subsections (b) and (c) shall be con15 strued to prohibit a detainee held at Guantanamo Bay 

16 from being brought to the United States for prosecution. 

17 SEC. 553. None of the funds made available under 

18 this Act may be used to close or transfer the operations 

19 of the Florida Long Term Recovery Office of the Federal 

20 Emergency Management Administration located in Or21 lando, Florida. 

22 SEC. 554. None of the funds made available in this 

23 Act may be used for first-class travel by the employees 

24 of agencies funded by this Act in contravention of sections 
95 

•HR 2892 EH1S 

1 301–10.122 through 301.10–124 of title 41, Code of Fed2 eral Regulations. 

3 SEC. 555. No funds appropriated by this Act may be 

4 used to impose any negative personnel action against any 

5 Department of Homeland Security employee who engages 

6 with the public in the course of the employee’s duties, for 

7 the use of surgical masks, N95 respirators, gloves, or hand 

8 sanitizer. 

9 SEC. 556. None of the funds made available in this 

10 Act may be used to employ workers described in section 

11 274A(h)(3) of the Immigration and Nationality Act (8 

12 U.S.C. 1324a(h)(3)). 

13 This Act may be cited as the ‘‘Department of Home14 land Security Appropriations Act, 2010’’. 

Passed the House of Representatives June 24, 2009. 

Attest: 

Clerk. 
111TH CONGRESS 

1ST SESSION H. R. 2892 

AN ACT 

Making appropriations for the Department of 

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