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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2892 Enrolled Bill (ENR)]

        H.R.2892

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine

                                 An Act

 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2010, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,  That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes, namely:

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $147,818,000: Provided, That 
not to exceed $60,000 shall be for official reception and 
representation expenses, of which $20,000 shall be made available to 
the Office of Policy solely to host Visa Waiver Program negotiations in 
Washington, DC: Provided further, That $15,000,000 shall not be 
available for obligation for the Office of Policy until the Secretary 
submits an expenditure plan for the Office of Policy for fiscal year 
2010: Provided further, That all official costs associated with the use 
of government aircraft by Department of Homeland Security personnel to 
support official travel of the Secretary and the Deputy Secretary shall 
be paid from amounts made available for the Immediate Office of the 
Secretary and the Immediate Office of the Deputy Secretary.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $254,190,000, of which 
not less than $1,000,000 shall be for logistics training; and of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount made available under this 
heading, $5,500,000 shall remain available until expended solely for 
the alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations at 
the Nebraska Avenue Complex; and $17,131,000 shall remain available 
until expended for the Human Resources Information Technology program.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $60,530,000, of which $11,000,000 shall remain 
available until expended for financial systems consolidation efforts: 
Provided, That of the total amount made available under this heading, 
$5,000,000 shall not be obligated until the Chief Financial Officer or 
an individual acting in such capacity submits a financial management 
improvement plan that addresses the recommendations outlined in the 
Department of Homeland Security Office of Inspector General report OIG-
09-72, including yearly measurable milestones, to the Committees on 
Appropriations of the Senate and the House of Representatives: Provided 
further, That the plan described in the preceding proviso shall be 
submitted not later than January 4, 2010.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$338,393,000; of which $86,912,000 shall be available for salaries and 
expenses; and of which $251,481,000, to remain available until 
expended, shall be available for development and acquisition of 
information technology equipment, software, services, and related 
activities for the Department of Homeland Security: Provided, That of 
the total amount appropriated, not less than $82,788,000 shall be 
available for data center development, of which not less than 
$38,540,145 shall be available for power capabilities upgrades at Data 
Center One (National Center for Critical Information Processing and 
Storage): Provided further, That the Chief Information Officer shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, not more than 60 days after the date of enactment 
of this Act, an expenditure plan for all information technology 
acquisition projects that: (1) are funded under this heading; or (2) 
are funded by multiple components of the Department of Homeland 
Security through reimbursable agreements: Provided further, That such 
expenditure plan shall include each specific project funded, key 
milestones, all funding sources for each project, details of annual and 
lifecycle costs, and projected cost savings or cost avoidance to be 
achieved by the project.

                        Analysis and Operations

    For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $335,030,000, of which not 
to exceed $5,000 shall be for official reception and representation 
expenses; and of which $190,862,000 shall remain available until 
September 30, 2011: Provided, That none of the funds provided in this 
or any other Act shall be available to commence operations of the 
National Immigration Information Sharing Operation or any follow-on 
entity until the Secretary certifies that such program complies with 
all existing laws, including all applicable privacy and civil liberties 
standards, the Comptroller General of the United States notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives and the Secretary that the Comptroller has reviewed 
such certification, and the Secretary notifies the Committees on 
Appropriations of the Senate and the House of Representatives of all 
funds to be expended on operations of the National Immigration 
Information Sharing Operation or any follow-on entity pursuant to 
section 503 of this Act.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $113,874,000, of which not to exceed $150,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and transportation of 
unaccompanied minor aliens; purchase and lease of up to 4,500 (4,000 
for replacement only) police-type vehicles; and contracting with 
individuals for personal services abroad; $8,064,713,000, of which 
$3,226,000 shall be derived from the Harbor Maintenance Trust Fund for 
administrative expenses related to the collection of the Harbor 
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $45,000 shall be for official reception and 
representation expenses; of which not less than $309,629,000 shall be 
for Air and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of 
which not to exceed $150,000 shall be available for payment for rental 
space in connection with preclearance operations; of which not to 
exceed $1,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security; and of which not more than $800,000 shall be for 
procurement of portable solar charging rechargeable battery systems: 
Provided, That for fiscal year 2010, the overtime limitation prescribed 
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) shall be $35,000; and notwithstanding any other provision of 
law, none of the funds appropriated by this Act may be available to 
compensate any employee of U.S. Customs and Border Protection for 
overtime, from whatever source, in an amount that exceeds such 
limitation, except in individual cases determined by the Secretary of 
Homeland Security, or the designee of the Secretary, to be necessary 
for national security purposes, to prevent excessive costs, or in cases 
of immigration emergencies: Provided further, That of the total amount 
provided, $1,700,000 shall remain available until September 30, 2011, 
for the Global Advanced Passenger Information/Passenger Name Record 
Program.

                        automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $422,445,000, to remain available until expended, of which not 
less than $227,960,000 shall be for the development of the Automated 
Commercial Environment: Provided, That of the total amount made 
available under this heading, $50,000,000 may not be obligated for the 
Automated Commercial Environment program until 30 days after the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a report on the results to date and plans for 
the program from the Department of Homeland Security.

        border security fencing, infrastructure, and technology

    For expenses for border security fencing, infrastructure, and 
technology, $800,000,000, to remain available until expended: Provided, 
That of the total amount made available under this heading, $75,000,000 
shall not be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives receive and approve a plan for 
expenditure, prepared by the Secretary of Homeland Security, reviewed 
by the Government Accountability Office, and submitted not later than 
90 days after the date of the enactment of this Act, for a program to 
establish and maintain a security barrier along the borders of the 
United States, of fencing and vehicle barriers where practicable, and 
of other forms of tactical infrastructure and technology, that 
includes--
        (1) a detailed accounting of the program's implementation to 
    date for all investments, including technology and tactical 
    infrastructure, for funding already expended relative to system 
    capabilities or services, system performance levels, mission 
    benefits and outcomes, milestones, cost targets, program management 
    capabilities, identification of the maximum investment, including 
    life-cycle costs, related to the Secure Border Initiative program 
    or any successor program, and description of the methodology used 
    to obtain these cost figures;
        (2) a description of how specific projects will further the 
    objectives of the Secure Border Initiative, as defined in the 
    Department of Homeland Security Secure Border Plan, and how the 
    expenditure plan allocates funding to the highest priority border 
    security needs;
        (3) an explicit plan of action defining how all funds are to be 
    obligated to meet future program commitments, with the planned 
    expenditure of funds linked to the milestone-based delivery of 
    specific capabilities, services, performance levels, mission 
    benefits and outcomes, and program management capabilities;
        (4) an identification of staffing, including full-time 
    equivalents, contractors, and detailees, by program office;
        (5) a description of how the plan addresses security needs at 
    the Northern border and ports of entry, including infrastructure, 
    technology, design and operations requirements, specific locations 
    where funding would be used, and priorities for Northern border 
    activities;
        (6) a report on budget, obligations and expenditures, the 
    activities completed, and the progress made by the program in terms 
    of obtaining operational control of the entire border of the United 
    States;
        (7) a listing of all open Government Accountability Office and 
    Office of Inspector General recommendations related to the program 
    and the status of Department of Homeland Security actions to 
    address the recommendations, including milestones to fully address 
    such recommendations;
        (8) a certification by the Chief Procurement Officer of the 
    Department including all supporting documents or memoranda, and 
    documentation and a description of the investment review processes 
    used to obtain such certifications, that--
            (A) the program has been reviewed and approved in 
        accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including as provided in 
        Circular A-11, part 7;
            (B) the plans for the program comply with the Federal 
        acquisition rules, requirements, guidelines, and practices, and 
        a description of the actions being taken to address areas of 
        non-compliance, the risks associated with such actions, 
        together with any plans for addressing these risks, and the 
        status of the implementation of such actions; and
            (C) procedures to prevent conflicts of interest between the 
        prime integrator and major subcontractors are established and 
        that the Secure Border Initiative Program Office has adequate 
        staff and resources to effectively manage the Secure Border 
        Initiative program and all contracts under such program, 
        including the exercise of technical oversight;
        (9) a certification by the Chief Information Officer of the 
    Department including all supporting documents or memoranda, and 
    documentation and a description of the investment review processes 
    used to obtain such certifications that--
            (A) the system architecture of the program has been 
        determined to be sufficiently aligned with the information 
        systems enterprise architecture of the Department to minimize 
        future rework, including a description of all aspects of the 
        architectures that were or were not assessed in making the 
        alignment determination, the date of the alignment 
        determination, and any known areas of misalignment together 
        with the associated risks and corrective actions to address any 
        such areas;
            (B) the program has a risk management process that 
        regularly and proactively identifies, evaluates, mitigates, and 
        monitors risks throughout the system life-cycle and 
        communicates high-risk conditions to U.S. Customs and Border 
        Protection and Department of Homeland Security investment 
        decision-makers, as well as a listing of all the program's high 
        risks and the status of efforts to address such risks; and
            (C) an independent verification and validation agent is 
        currently under contract for the projects funded under this 
        heading;
        (10) a certification by the Chief Human Capital Officer of the 
    Department that the human capital needs of the Secure Border 
    Initiative program are being addressed so as to ensure adequate 
    staff and resources to effectively manage the Secure Border 
    Initiative; and
        (11) an analysis by the Secretary for each segment, defined as 
    not more than 15 miles, of fencing or tactical infrastructure, of 
    the selected approach compared to other, alternative means of 
    achieving operational control, including cost, level of operational 
    control, possible unintended effects on communities, and other 
    factors critical to the decisionmaking process:
Provided further, That the Secretary shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on the 
progress of the program, and obligations and expenditures for all 
outstanding task orders, as well as specific objectives to be achieved 
through the award of current and remaining task orders planned for the 
balance of available appropriations, at least 15 days before the award 
of any task order requiring an obligation of funds in an amount greater 
than $25,000,000 and before the award of a task order that would cause 
cumulative obligations of funds to exceed 50 percent of the total 
amount appropriated: Provided further, That none of the funds made 
available under this heading may be obligated unless the Department has 
complied with section 102(b)(1)(C)(i) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and the 
Secretary certifies such to the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, That none of 
the funds made available under this heading may be obligated for any 
project or activity for which the Secretary has exercised waiver 
authority pursuant to section 102(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 
days have elapsed from the date of the publication of the decision in 
the Federal Register.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, and rental payments 
for facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include the following: the 
interdiction of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; and at the 
discretion of the Secretary of Homeland Security, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $519,826,000, to remain 
available until expended: Provided, That no aircraft or other related 
equipment, with the exception of aircraft that are one of a kind and 
have been identified as excess to U.S. Customs and Border Protection 
requirements and aircraft that have been damaged beyond repair, shall 
be transferred to any other Federal agency, department, or office 
outside of the Department of Homeland Security during fiscal year 2010 
without the prior approval of the Committees on Appropriations of the 
Senate and the House of Representatives.

                 construction and facilities management

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs, immigration, and border 
security, $319,570,000, to remain available until expended; of which 
$39,700,000 shall be for constructing and equipping the Advanced 
Training Center; and of which not more than $3,500,000 shall be for 
acquisition, design, and construction of U.S. Customs and Border 
Protection Air and Marine facilities at El Paso International Airport, 
Texas: Provided, That for fiscal year 2011 and thereafter, the annual 
budget submission of U.S. Customs and Border Protection for 
``Construction and Facilities Management'' shall, in consultation with 
the General Services Administration, include a detailed 5-year plan for 
all Federal land border port of entry projects with a yearly update of 
total projected future funding needs delineated by land port of entry.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$5,342,134,000, of which not to exceed $7,500,000 shall be available 
until expended for conducting special operations under section 3131 of 
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security; of which not less 
than $305,000 shall be for promotion of public awareness of the child 
pornography tipline and anti-child exploitation activities; of which 
not less than $5,400,000 shall be used to facilitate agreements 
consistent with section 287(g) of the Immigration and Nationality Act 
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be 
available to fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation of smuggled 
aliens unlawfully present in the United States: Provided, That none of 
the funds made available under this heading shall be available to 
compensate any employee for overtime in an annual amount in excess of 
$35,000, except that the Secretary, or the designee of the Secretary, 
may waive that amount as necessary for national security purposes and 
in cases of immigration emergencies: Provided further, That of the 
total amount provided, $15,770,000 shall be for activities in fiscal 
year 2010 to enforce laws against forced child labor, of which not to 
exceed $6,000,000 shall remain available until expended: Provided 
further, That of the total amount available, not less than 
$1,500,000,000 shall be available to identify aliens convicted of a 
crime who may be deportable, and to remove them from the United States 
once they are judged deportable, of which $200,000,000 shall remain 
available until September 30, 2011: Provided further, That the 
Secretary, or the designee of the Secretary, shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not later than 45 days after the end of each quarter 
of the fiscal year, on progress in implementing the preceding proviso 
and the funds obligated during that quarter to make that progress: 
Provided further, That the Secretary shall prioritize the 
identification and removal of aliens convicted of a crime by the 
severity of that crime: Provided further, That funding made available 
under this heading shall maintain a level of not less than 33,400 
detention beds through September 30, 2010: Provided further, That of 
the total amount provided, not less than $2,545,180,000 is for 
detention and removal operations, including transportation of 
unaccompanied minor aliens: Provided further, That of the total amount 
provided, $7,300,000 shall remain available until September 30, 2011, 
for the Visa Security Program: Provided further, That none of the funds 
provided under this heading may be used to continue a delegation of law 
enforcement authority authorized under section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of 
Homeland Security Inspector General determines that the terms of the 
agreement governing the delegation of authority have been violated: 
Provided further, That none of the funds provided under this heading 
may be used to continue any contract for the provision of detention 
services if the two most recent overall performance evaluations 
received by the contracted facility are less than ``adequate'' or the 
equivalent median score in any subsequent performance evaluation 
system: Provided further, That nothing under this heading shall prevent 
U.S. Immigation and Customs Enforcement from exercising those 
authorities provided under immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))) during priority operations pertaining to aliens convicted 
of a crime: Provided further, That none of the funds provided under 
this heading may be obligated to collocate field offices of U.S. 
Immigration and Customs Enforcement until the Secretary of Homeland 
Security submits to the Committees on Appropriations of the Senate and 
the House of Representatives a plan for the nationwide implementation 
of the Alternatives to Detention Program that identifies: (1) the funds 
required for nationwide program implementation; (2) the timeframe for 
achieving nationwide program implementation; and (3) an estimate of the 
number of individuals who could be enrolled in a nationwide program.

                        automation modernization

                     (including transfer of funds)

    For expenses of immigration and customs enforcement automated 
systems, $90,000,000, to remain available until expended: Provided, 
That of the funds made available under this heading, $10,000,000 shall 
not be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives receive an expenditure plan prepared 
by the Secretary of Homeland Security: Provided further, That of the 
total amount provided under this heading, up to $10,000,000 may be 
transferred to U.S. Immigration and Customs Enforcement ``Salaries and 
Expenses'' account for data center migration.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$4,818,000, to remain available until expended: Provided, That none of 
the funds made available in this Act may be used to solicit or consider 
any request to privatize facilities currently owned by the United 
States Government and used to detain aliens unlawfully present in the 
United States until the Committees on Appropriations of the Senate and 
the House of Representatives receive a plan for carrying out that 
privatization.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,214,040,000, to remain 
available until September 30, 2011, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not to 
exceed $4,358,076,000 shall be for screening operations, of which 
$1,116,406,000 shall be available for explosives detection systems; and 
not to exceed $855,964,000 shall be for aviation security direction and 
enforcement: Provided further, That of the amount made available in the 
preceding proviso for explosives detection systems, $778,300,000 shall 
be available for the purchase and installation of these systems, of 
which not less than 28 percent shall be available for the purchase and 
installation of certified explosives detection systems at medium- and 
small-sized airports: Provided further, That any award to deploy 
explosives detection systems shall be based on risk, the airport's 
current reliance on other screening solutions, lobby congestion 
resulting in increased security concerns, high injury rates, airport 
readiness, and increased cost effectiveness: Provided further, That of 
the total amount provided, $1,250,000 shall be made available for Safe 
Skies Alliance to develop and enhance research and training 
capabilities for Transportation Security Officer improvised explosive 
recognition training: Provided further, That security service fees 
authorized under section 44940 of title 49, United States Code, shall 
be credited to this appropriation as offsetting collections and shall 
be available only for aviation security: Provided further, That the sum 
appropriated under this heading from the general fund shall be reduced 
on a dollar-for-dollar basis as such offsetting collections are 
received during fiscal year 2010, so as to result in a final fiscal 
year appropriation from the general fund estimated at not more than 
$3,114,040,000: Provided further, That any security service fees 
collected in excess of the amount made available under this heading 
shall become available during fiscal year 2011: Provided further, That 
Members of the United States House of Representatives and United States 
Senate, including the leadership; the heads of Federal agencies and 
commissions, including the Secretary, Deputy Secretary, Under 
Secretaries, and Assistant Secretaries of the Department of Homeland 
Security; the United States Attorney General and Assistant Attorneys 
General and the United States attorneys; and senior members of the 
Executive Office of the President, including the Director of the Office 
of Management and Budget; shall not be exempt from Federal passenger 
and baggage screening.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation security 
activities, $110,516,000, to remain available until September 30, 2011.

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $171,999,000, to remain available until September 
30, 2011.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$1,001,780,000, to remain available until September 30, 2011: Provided, 
That of the funds appropriated under this heading, $20,000,000 may not 
be obligated for headquarters administration until the Secretary of 
Homeland Security submits to the Committees on Appropriations of the 
Senate and the House of Representatives detailed expenditure plans for 
air cargo security, and for checkpoint support and explosives detection 
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2010: Provided further, That these plans 
shall be submitted no later than 60 days after the date of enactment of 
this Act.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $860,111,000.

                              Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $26,000,000; minor 
shore construction projects not exceeding $1,000,000 in total cost at 
any location; payments pursuant to section 156 of Public Law 97-377 (42 
U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 
$6,805,391,000, of which $581,503,000 shall be for defense-related 
activities, of which $241,503,000 is designated as being for overseas 
deployments and other activities pursuant to sections 401(c)(4) and 
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010; of which $24,500,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which not to exceed $20,000 shall be for 
official reception and representation expenses; and of which $3,600,000 
shall be available until expended for the cost of repairing, 
rehabilitating, altering, modifying, and making improvements, including 
customized tenant improvements, to any replacement or expanded 
Operations Systems Center facility: Provided, That none of the funds 
made available by this or any other Act shall be available for 
administrative expenses in connection with shipping commissioners in 
the United States: Provided further, That none of the funds made 
available by this Act shall be for expenses incurred for recreational 
vessels under section 12114 of title 46, United States Code, except to 
the extent fees are collected from yacht owners and credited to this 
appropriation: Provided further, That the Coast Guard shall comply with 
the requirements of section 527 of Public Law 108-136 with respect to 
the Coast Guard Academy: Provided further, That of the funds provided 
under this heading, $50,000,000 shall be withheld from obligation for 
Headquarters Directorates until: (1) the fiscal year 2010 second 
quarter acquisition report required by Public Law 108-7 and the fiscal 
year 2008 joint explanatory statement accompanying Public Law 110-161; 
(2) the Revised Deepwater Implementation Plan; and (3) the future-years 
capital investment plan for fiscal years 2011-2015 are received by the 
Committees on Appropriations of the Senate and the House of 
Representatives: Provided further, That funds made available under this 
heading for overseas deployments and other activities pursuant to 
sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), 
the concurrent resolution on the budget for fiscal year 2010, may be 
allocated by program, project, and activity, notwithstanding section 
503 of this Act.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the Coast Guard under chapter 19 of title 
14, United States Code, $13,198,000, to remain available until 
expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $133,632,000.

              acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,537,080,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $121,000,000 shall be available until 
September 30, 2014, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $129,500,000 shall be 
available until September 30, 2012, for other equipment; of which 
$27,100,000 shall be available until September 30, 2012, for shore 
facilities and aids to navigation facilities, including not less than 
$300,000 for the Coast Guard Academy Pier and not less than $16,800,000 
for Coast Guard Station Cleveland Harbor; of which $105,200,000 shall 
be available for personnel compensation and benefits and related costs; 
and of which $1,154,280,000 shall be available until September 30, 
2014, for the Integrated Deepwater Systems program: Provided, That of 
the funds made available for the Integrated Deepwater Systems program, 
$269,000,000 is for aircraft and $730,680,000 is for surface ships: 
Provided further, That the Secretary of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives, in conjunction with the President's fiscal year 2011 
budget, a review of the Revised Deepwater Implementation Plan that 
identifies any changes to the plan for the fiscal year; an annual 
performance comparison of Integrated Deepwater Systems program assets 
to pre-Deepwater legacy assets; a status report of such legacy assets; 
a detailed explanation of how the costs of such legacy assets are being 
accounted for within the Integrated Deepwater Systems program; and the 
earned value management system gold card data for each Integrated 
Deepwater Systems program asset: Provided further, That the Secretary 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives, in conjunction with the fiscal year 2011 
budget request, a comprehensive review of the Revised Deepwater 
Implementation Plan, and every 5 years thereafter, that includes a 
complete projection of the acquisition costs and schedule for the 
duration of the plan: Provided further, That the Secretary shall 
annually submit to the Committees on Appropriations of the Senate and 
the House of Representatives, at the time that the President's budget 
is submitted under section 1105(a) of title 31, United States Code, a 
future-years capital investment plan for the Coast Guard that 
identifies for each capital budget line item--
        (1) the proposed appropriation included in that budget;
        (2) the total estimated cost of completion;
        (3) projected funding levels for each fiscal year for the next 
    5 fiscal years or until project completion, whichever is earlier;
        (4) an estimated completion date at the projected funding 
    levels; and
        (5) changes, if any, in the total estimated cost of completion 
    or estimated completion date from previous future-years capital 
    investment plans submitted to the Committees on Appropriations of 
    the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent, 
to the maximum extent practicable, with proposed appropriations 
necessary to support the programs, projects, and activities of the 
Coast Guard in the President's budget as submitted under section 
1105(a) of title 31, United States Code, for that fiscal year: Provided 
further, That any inconsistencies between the capital investment plan 
and proposed appropriations shall be identified and justified: Provided 
further, That subsections (a) and (b) of section 6402 of the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (Public Law 110-28) shall apply to fiscal year 
2010.

                         alteration of bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $4,000,000, to remain available until expended: Provided, That of 
the amounts made available under this heading, $4,000,000 shall be for 
the Fort Madison Bridge in Fort Madison, Iowa.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$24,745,000, to remain available until expended, of which $500,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,361,245,000, to remain available until expended.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including: purchase of not to exceed 652 vehicles for police-type use 
for replacement only; hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; services of 
expert witnesses at such rates as may be determined by the Director of 
the Secret Service; rental of buildings in the District of Columbia, 
and fencing, lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may be 
necessary to perform protective functions; payment of per diem or 
subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee requires an 
employee to work 16 hours per day or to remain overnight at a post of 
duty; conduct of and participation in firearms matches; presentation of 
awards; travel of United States Secret Service employees on protective 
missions without regard to the limitations on such expenditures in this 
or any other Act if approval is obtained in advance from the Committees 
on Appropriations of the Senate and the House of Representatives; 
research and development; grants to conduct behavioral research in 
support of protective research and operations; and payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; $1,478,669,000, of which not to exceed $25,000 shall be for 
official reception and representation expenses; of which not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations; of 
which $2,366,000 shall be for forensic and related support of 
investigations of missing and exploited children; and of which 
$6,000,000 shall be for a grant for activities related to the 
investigations of missing and exploited children and shall remain 
available until expended: Provided, That up to $18,000,000 for 
protective travel shall remain available until September 30, 2011: 
Provided further, That up to $1,000,000 for National Special Security 
Events shall remain available until expended: Provided further, That 
the United States Secret Service is authorized to obligate funds in 
anticipation of reimbursements from Federal agencies and entities, as 
defined in section 105 of title 5, United States Code, receiving 
training sponsored by the James J. Rowley Training Center, except that 
total obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year: Provided further, That none of the funds made available 
under this heading shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that the 
Secretary of Homeland Security, or the designee of the Secretary, may 
waive that amount as necessary for national security purposes: Provided 
further, That none of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided further, That the 
Director of the United States Secret Service may enter into an 
agreement to perform such service on a fully reimbursable basis: 
Provided further, That of the total amount made available under this 
heading, $33,960,000, to remain available until expended, is for 
information technology modernization: Provided further, That none of 
the funds made available in the preceding proviso shall be obligated to 
purchase or install information technology equipment until the Chief 
Information Officer of the Department of Homeland Security submits a 
report to the Committees on Appropriations of the Senate and the House 
of Representatives certifying that all plans for such modernization are 
consistent with Department of Homeland Security data center migration 
and enterprise architecture requirements: Provided further, That none 
of the funds made available to the United States Secret Service by this 
Act or by previous appropriations Acts may be obligated for the purpose 
of opening a new permanent domestic or overseas office or location 
unless the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such obligation.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,975,000, to remain 
available until expended.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Management 
and Analysis, $44,577,000: Provided, That not to exceed $5,000 shall be 
for official reception and representation expenses.

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$899,416,000, of which $760,155,000 shall remain available until 
September 30, 2011:  Provided, That of the amount made available under 
this heading, $161,815,000 may not be obligated for the National Cyber 
Security Division program and $12,500,000 may not be obligated for the 
Next Generation Networks program until the Committees on Appropriations 
of the Senate and the House of Representatives receive and approve a 
plan for expenditure for each of these programs that describes the 
strategic context of the program, the specific goals and milestones set 
for the program, and the funds allocated to achieving each of those 
goals and milestones: Provided further, That of the total amount 
provided, no less than: $20,000,000 is for the National Infrastructure 
Simulation and Analysis Center; $1,000,000 is for Philadelphia 
infrastructure monitoring; $3,500,000 is for State and local cyber 
security training; $3,000,000 is for the Power and Cyber Systems 
Protection, Analysis, and Testing Program at the Idaho National 
Laboratory; $3,500,000 is for the Cyber Security Test Bed and 
Evaluation Center; $3,000,000 is for the Multi-State Information 
Sharing and Analysis Center; $500,000 is for the Virginia Operational 
Integration Cyber Center of Excellence; $100,000 is for the Upstate New 
York Cyber Initiative; and $1,000,000 is for interoperable 
communications, technical assistance, and outreach programs.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives no later 
than December 31, 2009, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2010 through revenues and 
collection of security fees, and shall adjust the fees to ensure fee 
collections are sufficient to ensure that the Federal Protective 
Service maintains not fewer than 1,200 full-time equivalent staff and 
900 full-time equivalent Police Officers, Inspectors, Area Commanders, 
and Special Agents who, while working, are directly engaged on a daily 
basis protecting and enforcing laws at Federal buildings (referred to 
as ``in-service field staff'').

    united states visitor and immigrant status indicator technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $373,762,000, to 
remain available until expended: Provided, That of the total amount 
made available under this heading, $75,000,000 may not be obligated for 
the United States Visitor and Immigrant Status Indicator Technology 
project until the Committees on Appropriations of the Senate and the 
House of Representatives receive a plan for expenditure, prepared by 
the Secretary of Homeland Security, not later than 90 days after the 
date of enactment of this Act that meets the statutory conditions 
specified under this heading in Public Law 110-329: Provided further, 
That not less than $28,000,000 of unobligated balances of prior year 
appropriations shall remain available and be obligated solely for 
implementation of a biometric air exit capability.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$139,250,000, of which $30,411,000 is for salaries and expenses: 
Provided, That $108,839,000 shall remain available until September 30, 
2011, for biosurveillance, BioWatch, medical readiness planning, 
chemical response, and other activities, including $5,000,000 for the 
North Carolina Collaboratory for Bio-Preparedness, University of North 
Carolina, Chapel Hill: Provided further, That not to exceed $3,000 
shall be for official reception and representation expenses.

                  Federal Emergency Management Agency

                     management and administration

    For necessary expenses for management and administration of the 
Federal Emergency Management Agency, $797,650,000, including activities 
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire 
Assistance Act of 2000 (division C, title I, 114 Stat. 583), the 
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina 
Emergency Management Reform Act of 2006 (Public Law 109-295; 120 Stat. 
1394): Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses: Provided further, That the 
President's budget submitted under section 1105(a) of title 31, United 
States Code, shall be detailed by office for the Federal Emergency 
Management Agency: Provided further, That of the total amount made 
available under this heading, not to exceed $36,300,000 shall remain 
available until September 30, 2011, for capital improvements at the 
Mount Weather Emergency Operations Center: Provided further, That of 
the total amount made available under this heading, $32,500,000 shall 
be for the Urban Search and Rescue Response System, of which not to 
exceed $1,600,000 may be made available for administrative costs; and 
$6,995,000 shall be for the Office of National Capital Region 
Coordination: Provided further, That for purposes of planning, 
coordination, execution, and decision-making related to mass evacuation 
during a disaster, the Governors of the State of West Virginia and the 
Commonwealth of Pennsylvania, or their designees, shall be incorporated 
into efforts to integrate the activities of Federal, State, and local 
governments in the National Capital Region, as defined in section 882 
of Public Law 107-296, the Homeland Security Act of 2002.

                        state and local programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other 
activities, $3,015,200,000 shall be allocated as follows:
        (1) $950,000,000 shall be for the State Homeland Security Grant 
    Program under section 2004 of the Homeland Security Act of 2002 (6 
    U.S.C. 605): Provided, That of the amount provided by this 
    paragraph, $60,000,000 shall be for Operation Stonegarden: Provided 
    further, That notwithstanding subsection (c)(4) of such section 
    2004, for fiscal year 2010, the Commonwealth of Puerto Rico shall 
    make available to local and tribal governments amounts provided to 
    the Commonwealth of Puerto Rico under this paragraph in accordance 
    with subsection (c)(1) of such section 2004.
        (2) $887,000,000 shall be for the Urban Area Security 
    Initiative under section 2003 of the Homeland Security Act of 2002 
    (6 U.S.C. 604), of which, notwithstanding subsection (c)(1) of such 
    section, $19,000,000 shall be for grants to organizations (as 
    described under section 501(c)(3) of the Internal Revenue Code of 
    1986 and exempt from tax section 501(a) of such code) determined by 
    the Secretary of Homeland Security to be at high risk of a 
    terrorist attack.
        (3) $35,000,000 shall be for Regional Catastrophic Preparedness 
    Grants.
        (4) $41,000,000 shall be for the Metropolitan Medical Response 
    System under section 635 of the Post-Katrina Emergency Management 
    Reform Act of 2006 (6 U.S.C. 723).
        (5) $13,000,000 shall be for the Citizen Corps Program.
        (6) $300,000,000 shall be for Public Transportation Security 
    Assistance and Railroad Security Assistance, under sections 1406 
    and 1513 of the Implementing Recommendations of the 9/11 Commission 
    Act of 2007 (Public Law 110-53; 6 U.S.C. 1135 and 1163), of which 
    not less than $20,000,000 shall be for Amtrak security: Provided, 
    That such public transportation security assistance shall be 
    provided directly to public transportation agencies.
        (7) $300,000,000 shall be for Port Security Grants in 
    accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 
    70107(c).
        (8) $12,000,000 shall be for Over-the-Road Bus Security 
    Assistance under section 1532 of the Implementing Recommendations 
    of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 
    1182).
        (9) $50,000,000 shall be for Buffer Zone Protection Program 
    Grants.
        (10) $50,000,000 shall be for the Driver's License Security 
    Grants Program in accordance with section 204 of the REAL ID Act of 
    2005 (49 U.S.C. 30301 note).
        (11) $50,000,000 shall be for the Interoperable Emergency 
    Communications Grant Program under section 1809 of the Homeland 
    Security Act of 2002 (6 U.S.C. 579).
        (12) $60,000,000 shall be for grants for Emergency Operations 
    Centers under section 614 of the Robert T. Stafford Disaster Relief 
    and Emergency Assistance Act (42 U.S.C. 5196c) to remain available 
    until expended, of which no less than the amount specified for each 
    Emergency Operations Center shall be provided as follows: $500,000, 
    Benton County Emergency Management Commission, Iowa; $100,000, 
    Brazoria County Emergency Management, Texas; $800,000, Butte-Silver 
    Bow, Montana; $338,000, Calvert County Department of Public Safety, 
    Maryland; $425,000, City of Alamosa Fire Department, Colorado; 
    $600,000, City of Ames, Iowa; $250,000, City of Boerne, Texas; 
    $500,000, City of Brawley, California; $300,000, City of 
    Brigantine, New Jersey; $350,000, City of Brookings, Oregon; 
    $1,000,000, City of Chicago, Illinois; $1,000,000, City of 
    Commerce, California; $300,000, City of Cupertino, California; 
    $1,000,000, City of Detroit, Michigan; $750,000, City of Elk Grove, 
    California; $400,000, City of Green Cove Springs, Florida; 
    $600,000, City of Greenville, North Carolina; $300,000, City of 
    Hackensack, New Jersey; $800,000, City of Hartford, Connecticut; 
    $250,000, City of Hopewell, Virginia; $254,500, City of La Habra, 
    California; $600,000, City of Las Vegas, Nevada; $750,000, City of 
    Lauderdale Lakes, Florida; $750,000, City of Minneapolis, 
    Minnesota; $375,000, City of Monterey Park, California; $400,000, 
    City of Moreno Valley, California; $1,000,000, City of Mount 
    Vernon, New York; $1,000,000, City of Newark, New Jersey; $900,000, 
    City of North Little Rock, Arkansas; $350,000, City of Palm Coast, 
    Florida; $750,000, City of Port Gibson, Mississippi; $500,000, City 
    of Scottsdale, Arizona; $750,000, City of Sunrise, Florida; 
    $500,000, City of Tavares, Florida; $400,000, City of Torrington, 
    Connecticut; $900,000, City of Whitefish, Montana; $500,000, City 
    of Whittier, California; $500,000, City of Wichita, Kansas; 
    $500,000, Columbia County, Oregon; $500,000, County of Union, New 
    Jersey; $400,000, Dorchester County, South Carolina; $200,000, 
    Fulton County (Atlanta) Emergency Management Agency, Georgia; 
    $250,000, Howell County Emergency Preparedness, Missouri; $500,000, 
    Jackson County Sheriff's Office, Missouri; $750,000, Johnson 
    County, Texas; $500,000, Kentucky Emergency Management, Kentucky; 
    $800,000, Lake County, Florida; $600,000, Lea County, New Mexico; 
    $1,000,000, Lincoln County, Washington; $250,000, Lycoming County, 
    Pennsylvania; $250,000, Macomb County Emergency Management and 
    Communications, Michigan; $300,000, Mercer County Emergency 
    Management Agency, Kentucky; $1,000,000, Middle Rio Grande 
    Development Council, Texas; $250,000, Minooka Fire Protection 
    District, Illinois; $800,000, Mobile County Commission, Alabama; 
    $200,000, Monroe County, Florida; $1,000,000, Morris County, New 
    Jersey Office of Emergency Management, New Jersey; $750,000, New 
    Orleans Emergency Medical Services, Louisiana; $1,000,000, North 
    Carolina Office of Emergency Management, North Carolina; $500,000, 
    North Hudson Regional Fire and Rescue, New Jersey; $980,000, North 
    Louisiana Regional, Lincoln Parish, Louisiana; $1,500,000, Ohio 
    Emergency Management Agency, Columbus, Ohio; $250,000, Passaic 
    County Prosecutor's Office, New Jersey; $980,000, City of 
    Providence, Rhode Island; $800,000, San Francisco Department of 
    Emergency Management, California; $300,000, Sarasota County, 
    Florida; $650,000, Scotland County, North Carolina; $500,000, 
    Somerset County, Maine; $1,500,000, State of Maryland, Maryland; 
    $158,000, City of Maitland, Florida; $500,000, Tohono O'odham 
    Nation; $75,000, Towamencin Township, Pennsylvania; $275,000, Town 
    of Harrison, New York; $500,000, Town of Shorter, Alabama; 
    $750,000, Township of Irvington, New Jersey; $500,000, Township of 
    Old Bridge, New Jersey; $247,000, Township of South Orange Village, 
    South Orange, New Jersey; $500,000, Upper Darby Township Police 
    Department, Pennsylvania; $165,000, Village of Elmsford, New York; 
    $350,000, Washington Parish Government, Louisiana; $900,000, 
    Westmoreland County Department of Public Safety, Pennsylvania; 
    $1,000,000, Williamsburg County, South Carolina; and $20,000, 
    Winston County Commission, Alabama.
        (13) $267,200,000 shall be for training, exercises, technical 
    assistance, and other programs, of which--
            (A) $164,500,000 shall be for the National Domestic 
        Preparedness Consortium in accordance with section 1204 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1102), of which $62,500,000 shall be for the Center 
        for Domestic Preparedness; $23,000,000 shall be for the 
        National Energetic Materials Research and Testing Center, New 
        Mexico Institute of Mining and Technology; $23,000,000 shall be 
        for the National Center for Biomedical Research and Training, 
        Louisiana State University; $23,000,000 shall be for the 
        National Emergency Response and Rescue Training Center, Texas 
        A&M University; $23,000,000 shall be for the National Exercise, 
        Test, and Training Center, Nevada Test Site; $5,000,000 shall 
        be for the Natural Disaster Preparedness Training Center, 
        University of Hawaii, Honolulu, Hawaii; $5,000,000 shall be for 
        surface transportation emergency preparedness and response 
        training to be awarded under full and open competition;
            (B) $1,700,000 shall be for the Center for Counterterrorism 
        and Cyber Crime, Norwich University, Northfield, Vermont; and
            (C) $3,000,000 shall be for the Rural Domestic Preparedness 
        Consortium, Eastern Kentucky University:
Provided, That 4 percent of the amounts provided under this heading 
shall be transferred to the Federal Emergency Management Agency 
``Management and Administration'' account for program administration, 
and an expenditure plan for program administration shall be provided to 
the Committees on Appropriations of the Senate and the House of 
Representatives within 60 days after the date of enactment of this Act: 
Provided further, That notwithstanding section 2008(a)(11) of the 
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other 
provision of law, a grantee may use not more than 5 percent of the 
amount of a grant made available under this heading for expenses 
directly related to administration of the grant:  Provided further, 
That for grants under paragraphs (1) through (5), the applications for 
grants shall be made available to eligible applicants not later than 25 
days after the date of enactment of this Act, that eligible applicants 
shall submit applications not later than 90 days after the grant 
announcement, and that the Administrator of the Federal Emergency 
Management Agency shall act within 90 days after receipt of an 
application: Provided further, That for grants under paragraphs (6) 
through (11), the applications for grants shall be made available to 
eligible applicants not later than 30 days after the date of enactment 
of this Act, that eligible applicants shall submit applications within 
45 days after the grant announcement, and that the Federal Emergency 
Management Agency shall act not later than 60 days after receipt of an 
application: Provided further, That for grants under paragraphs (1) and 
(2), the installation of communications towers is not considered 
construction of a building or other physical facility: Provided 
further, That grantees shall provide reports on their use of funds, as 
determined necessary by the Secretary: Provided further, That (a) the 
Center for Domestic Preparedness may provide training to emergency 
response providers from the Federal Government, foreign governments, or 
private entities, if the Center for Domestic Preparedness is reimbursed 
for the cost of such training, and any reimbursement under this 
subsection shall be credited to the account from which the expenditure 
being reimbursed was made and shall be available, without fiscal year 
limitation, for the purposes for which amounts in the account may be 
expended, and (b) the head of the Center for Domestic Preparedness 
shall ensure that any training provided under (a) does not interfere 
with the primary mission of the Center to train State and local 
emergency response providers.

                     firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$810,000,000, of which $390,000,000 shall be available to carry out 
section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall be 
available to carry out section 34 of that Act (15 U.S.C. 2229a), to 
remain available until September 30, 2011: Provided, That not to exceed 
5 percent of the amount available under this heading shall be available 
for program administration, and an expenditure plan for program 
administration shall be provided to the Committees on Appropriations of 
the Senate and the House of Representatives within 60 days of the date 
of enactment of this Act.

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $340,000,000: Provided, That total 
administrative costs shall not exceed 3 percent of the total amount 
appropriated under this heading, and an expenditure plan for program 
administration shall be provided to the Committees on Appropriations of 
the Senate and the House of Representatives within 60 days of the date 
of enactment of this Act.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2010, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2010, and remain 
available until expended.

                   united states fire administration

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $45,588,000.

                            disaster relief

                     (including transfers of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,600,000,000, to remain available until expended: Provided, That the 
Federal Emergency Management Agency shall submit an expenditure plan to 
the Committees on Appropriations of the Senate and the House of 
Representatives detailing the use of the funds for disaster readiness 
and support within 60 days after the date of enactment of this Act: 
Provided further, That the Federal Emergency Management Agency shall 
submit to such Committees a quarterly report detailing obligations 
against the expenditure plan and a justification for any changes in 
spending: Provided further, That of the total amount provided, 
$16,000,000 shall be transferred to the Department of Homeland Security 
Office of Inspector General for audits and investigations related to 
disasters, subject to section 503 of this Act: Provided further, That 
$105,600,000 shall be transferred to Federal Emergency Management 
Agency ``Management and Administration'' for management and 
administration functions: Provided further, That the amount provided in 
the previous proviso shall not be available for transfer to 
``Management and Administration'' until the Federal Emergency 
Management Agency submits an expenditure plan to the Committees on 
Appropriations of the Senate and the House of Representatives: Provided 
further, That the Federal Emergency Management Agency shall submit the 
monthly ``Disaster Relief'' report, as specified in Public Law 110-161, 
to the Committees on Appropriations of the Senate and the House of 
Representatives, and include the amounts provided to each Federal 
agency for mission assignments: Provided further, That for any request 
for reimbursement from a Federal agency to the Department of Homeland 
Security to cover expenditures under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any 
mission assignment orders issued by the Department for such purposes, 
the Secretary of Homeland Security shall take appropriate steps to 
ensure that each agency is periodically reminded of Department policies 
on--
        (1) the detailed information required in supporting 
    documentation for reimbursements; and
        (2) the necessity for timeliness of agency billings.

            disaster assistance direct loan program account

    For activities under section 319 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for 
the cost of direct loans: Provided, That gross obligations for the 
principal amount of direct loans shall not exceed $25,000,000: Provided 
further, That the cost of modifying such loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).

                      flood map modernization fund

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 
available until expended: Provided, That total administrative costs 
shall not exceed 3 percent of the total amount appropriated under this 
heading.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $146,000,000, which shall be derived from 
offsetting collections assessed and collected under section 1308(d) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), which is 
available as follows: (1) not to exceed $38,680,000 for salaries and 
expenses associated with flood mitigation and flood insurance 
operations; and (2) no less than $107,320,000 for flood plain 
management and flood mapping, which shall remain available until 
September 30, 2011: Provided, That any additional fees collected 
pursuant to section 1308(d) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4015(d)) shall be credited as an offsetting collection to 
this account, to be available for flood plain management and flood 
mapping: Provided further, That in fiscal year 2010, no funds shall be 
available from the National Flood Insurance Fund under section 1310 of 
that Act (42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating 
expenses; (2) $969,370,000 for commissions and taxes of agents; (3) 
such sums as are necessary for interest on Treasury borrowings; and (4) 
$120,000,000, which shall remain available until expended for flood 
mitigation actions, of which $70,000,000 is for severe repetitive loss 
properties under section 1361A of the National Flood Insurance Act of 
1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive 
insurance claims properties under section 1323 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4030), and of which $40,000,000 is for 
flood mitigation assistance under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs 
(B) and (C) of subsection (b)(3) and subsection (f) of section 1366 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and 
notwithstanding subsection (a)(7) of section 1310 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4017): Provided further, That amounts 
collected under section 102 of the Flood Disaster Protection Act of 
1973 and section 1366(i) of the National Flood Insurance Act of 1968 
shall be deposited in the National Flood Insurance Fund to supplement 
other amounts specified as available for section 1366 of the National 
Flood Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 
4104c(i), and 4104d(b)(2)-(3): Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation.

                  national predisaster mitigation fund

    For the predisaster mitigation grant program under section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133), $100,000,000, to remain available until expended and to 
be obligated as detailed in the joint explanatory statement 
accompanying this Act: Provided, That the total administrative costs 
associated with such grants shall not exceed 3 percent of the total 
amount made available under this heading.

                       emergency food and shelter

    To carry out the emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $200,000,000, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$224,000,000, of which $50,000,000 is for processing applications for 
asylum or refugee status; of which $5,000,000 is for the processing of 
military naturalization applications; and of which $137,000,000 is for 
the basic pilot program (E-Verify Program), as authorized by section 
402 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note), to assist United States employers with 
maintaining a legal workforce: Provided, That of the amounts made 
available for the basic pilot program (E-Verify Program), $30,000,000 
shall remain available until September 30, 2011: Provided further, That 
notwithstanding any other provision of law, funds available to United 
States Citizenship and Immigration Services may be used to acquire, 
operate, equip, and dispose of up to five vehicles, for replacement 
only, for areas where the Administrator of General Services does not 
provide vehicles for lease: Provided further, That the Director of 
United States Citizenship and Immigration Services may authorize 
employees who are assigned to those areas to use such vehicles to 
travel between the employees' residences and places of employment: 
Provided further, That none of the funds made available under this 
heading may be obligated for processing applications for asylum or 
refugee status unless the Secretary of Homeland Security has published 
a final rule updating part 103 of title 8, Code of Federal Regulations, 
to discontinue the asylum/refugee surcharge: Provided further, That 
none of the funds made available under this heading may be obligated 
for development of the ``REAL ID hub'' until the Committees on 
Appropriations of the Senate and the House of Representatives receive a 
plan for expenditure for that program that describes the strategic 
context of the program, the specific goals and milestones set for the 
program, and the funds allocated for achieving each of these goals and 
milestones: Provided further, That none of the funds made available in 
this Act for grants for immigrant integration may be used to provide 
services to aliens who have not been lawfully admitted for permanent 
residence.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; the purchase of not to exceed 117 vehicles 
for police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $239,356,000, of which up to $47,751,000 shall 
remain available until September 30, 2011, for materials and support 
costs of Federal law enforcement basic training; of which $300,000 
shall remain available until expended for Federal law enforcement 
agencies participating in training accreditation, to be distributed as 
determined by the Federal Law Enforcement Training Center for the needs 
of participating agencies; and of which not to exceed $12,000 shall be 
for official reception and representation expenses: Provided, That the 
Center is authorized to obligate funds in anticipation of 
reimbursements from agencies receiving training sponsored by the 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note), as amended by Public Law 110-329 (122 Stat. 
3677), is further amended by striking ``December 31, 2011'' and 
inserting ``December 31, 2012'': Provided further, That the Federal Law 
Enforcement Training Accreditation Board, including representatives 
from the Federal law enforcement community and non-Federal 
accreditation experts involved in law enforcement training, shall lead 
the Federal law enforcement training accreditation process to continue 
the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors: Provided further, That the Director of the Federal Law 
Enforcement Training Center shall schedule basic or advanced law 
enforcement training, or both, at all four training facilities under 
the control of the Federal Law Enforcement Training Center to ensure 
that such training facilities are operated at the highest capacity 
throughout the fiscal year.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $43,456,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.

                         Science and Technology

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of 
programs and activities, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $143,200,000: Provided, 
That not to exceed $10,000 shall be for official reception and 
representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); $863,271,000, of which 
$713,083,000, to remain available until September 30, 2012; and of 
which $150,188,000, to remain available until September 30, 2014, 
solely for Laboratory Facilities: Provided, That not less than 
$20,865,000 shall be available for the Southeast Region Research 
Initiative at the Oak Ridge National Laboratory: Provided further, That 
not less than $3,000,000 shall be available for Distributed Environment 
for Critical Infrastructure Decisionmaking Exercises: Provided further, 
That not less than $12,000,000 shall be for construction expenses of 
the Pacific Northwest National Laboratory: Provided further, That not 
less than $2,000,000 shall be for the Cincinnati Urban Area partnership 
established through the Regional Technology Integration Initiative: 
Provided further, That not less than $10,000,000 shall be available for 
the National Institute for Hometown Security, Kentucky: Provided 
further, That not less than $2,000,000 shall be available for the Naval 
Postgraduate School: Provided further, That not less than $1,000,000 
shall be available to continue a homeland security research, 
development, and manufacturing pilot project: Provided further, That 
not less than $500,000 shall be available for a demonstration project 
to develop situational awareness and decision support capabilities 
through remote sensing technologies: Provided further, That not less 
than $4,000,000 shall be available for a pilot program to develop a 
replicable port security system that would improve maritime domain 
awareness: Provided further, That $32,000,000 shall be for the National 
Bio- and Agro-defense Facility, of which up to $2,000,000 may be 
obligated for the National Academy of Sciences to complete the Letter 
Report required in section 560(b) of this Act.

                   Domestic Nuclear Detection Office

                     management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office 
as authorized by title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.) as amended, for management and administration of 
programs and activities, $38,500,000: Provided, That not to exceed 
$3,000 shall be for official reception and representation expenses.

                 research, development, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $324,537,000, to 
remain available until September 30, 2012.

                          systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $20,000,000, to remain available 
until September 30, 2012: Provided, That none of the funds appropriated 
under this heading in this Act or any other Act shall be obligated for 
full-scale procurement of Advanced Spectroscopic Portal monitors until 
the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
certifying that a significant increase in operational effectiveness 
will be achieved by such obligation: Provided further, That the 
Secretary shall submit separate and distinct certifications prior to 
the procurement of Advanced Spectroscopic Portal monitors for primary 
and secondary deployment that address the unique requirements for 
operational effectiveness of each type of deployment: Provided further, 
That the Secretary shall continue to consult with the National Academy 
of Sciences before making such certifications: Provided further, That 
none of the funds appropriated under this heading shall be used for 
high-risk concurrent development and production of mutually dependent 
software and hardware.

                                TITLE V

                           GENERAL PROVISIONS

                    (including rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2010, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program, project, or activity; (2) eliminates a program, 
project, office, or activity; (3) increases funds for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific 
activity by either of the Committees on Appropriations of the Senate or 
the House of Representatives for a different purpose; or (5) contracts 
out any function or activity for which funding levels were requested 
for Federal full-time equivalents in the object classification tables 
contained in the fiscal year 2010 Budget Appendix for the Department of 
Homeland Security, as modified by the joint explanatory statement 
accompanying this Act, unless the Committees on Appropriations of the 
Senate and the House of Representatives are notified 15 days in advance 
of such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2010, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees or 
proceeds available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, projects, or 
activities through a reprogramming of funds in excess of $5,000,000 or 
10 percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 10 
percent as approved by the Congress; or (3) results from any general 
savings from a reduction in personnel that would result in a change in 
existing programs, projects, or activities as approved by the Congress, 
unless the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
that imminently threaten the safety of human life or the protection of 
property.
    Sec. 504.  The Department of Homeland Security Working Capital 
Fund, established pursuant to section 403 of Public Law 103-356 (31 
U.S.C. 501 note), shall continue operations as a permanent working 
capital fund for fiscal year 2010: Provided, That none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security may be used to make payments to the Working Capital Fund, 
except for the activities and amounts allowed in the President's fiscal 
year 2010 budget: Provided further, That funds provided to the Working 
Capital Fund shall be available for obligation until expended to carry 
out the purposes of the Working Capital Fund: Provided further, That 
all departmental components shall be charged only for direct usage of 
each Working Capital Fund service: Provided further, That funds 
provided to the Working Capital Fund shall be used only for purposes 
consistent with the contributing component: Provided further, That such 
fund shall be paid in advance or reimbursed at rates which will return 
the full cost of each service: Provided further, That the Working 
Capital Fund shall be subject to the requirements of section 503 of 
this Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2010 from appropriations for salaries and expenses 
for fiscal year 2010 in this Act shall remain available through 
September 30, 2011, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2010 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2010.
    Sec. 507.  None of the funds made available by this Act may be used 
to make a grant allocation, grant award, contract award, Other 
Transaction Agreement, a task or delivery order on a Department of 
Homeland Security multiple award contract, or to issue a letter of 
intent totaling in excess of $1,000,000, or to announce publicly the 
intention to make such an award, including a contract covered by the 
Federal Acquisition Regulation, unless the Secretary of Homeland 
Security notifies the Committees on Appropriations of the Senate and 
the House of Representatives at least 3 full business days in advance 
of making such an award or issuing such a letter: Provided, That if the 
Secretary of Homeland Security determines that compliance with this 
section would pose a substantial risk to human life, health, or safety, 
an award may be made without notification and the Committees on 
Appropriations of the Senate and the House of Representatives shall be 
notified not later than 5 full business days after such an award is 
made or letter issued: Provided further, That no notification shall 
involve funds that are not available for obligation: Provided further, 
That the notification shall include the amount of the award, the fiscal 
year for which the funds for the award were appropriated, and the 
account from which the funds are being drawn: Provided further, That 
the Federal Emergency Management Agency shall brief the Committees on 
Appropriations of the Senate and the House of Representatives 5 full 
business days in advance of announcing publicly the intention of making 
an award under ``State and Local Programs''.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 519, 520, 522, 528, 530, and 531 of the 
Department of Homeland Security Appropriations Act, 2008 (division E of 
Public Law 110-161; 121 Stat. 2072, 2073, 2074, 2082) shall apply with 
respect to funds made available in this Act in the same manner as such 
sections applied to funds made available in that Act.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.).
    Sec. 512.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 513.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided as of June 1, 2004, by 
employees (including employees serving on a temporary or term basis) of 
United States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 514. (a) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with air carriers 
and airports to ensure that the screening of cargo carried on passenger 
aircraft, as defined in section 44901(g)(5) of title 49, United States 
Code, increases incrementally each quarter until the requirement of 
section 44901(g)(2)(B) of title 49 is met.
    (b) Not later than 45 days after the end of each quarter, the 
Assistant Secretary shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a report on air cargo 
inspection statistics by airport and air carrier detailing the 
incremental progress being made to meet the requirement of section 
44901(g)(2)(B) of title 49, United States Code.
    (c) Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, a report 
on how the Transportation Security Administration plans to meet the 
requirement for screening all air cargo on passenger aircraft by the 
deadline under section 44901(g) of title 49, United States Code. The 
report shall identify the elements of the system to screen 100 percent 
of cargo transported between domestic airports at a level of security 
commensurate with the level of security for the screening of passenger 
checked baggage.
    Sec. 515.  Within 45 days after the end of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report for that month 
that includes total obligations, on-board versus funded full-time 
equivalent staffing levels, and the number of contract employees for 
each office of the Department.
    Sec. 516.  Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' for fiscal years 2004, 2005, 2006, 
2007, and 2008 that are recovered or deobligated shall be available 
only for the procurement or installation of explosives detection 
systems, air cargo, baggage, and checkpoint screening systems, subject 
to notification: Provided, That quarterly reports shall be submitted to 
the Committees on Appropriations of the Senate and the House of 
Representatives on any funds that are recovered or deobligated.
    Sec. 517.  Any funds appropriated to Coast Guard ``Acquisition, 
Construction, and Improvements'' for fiscal years 2002, 2003, 2004, 
2005, and 2006 for the 110-123 foot patrol boat conversion that are 
recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Replacement Patrol Boat (FRC-B) program.
    Sec. 518. (a) None of the funds provided by this or any other Act 
may be obligated for the development, testing, deployment, or operation 
of any portion of a human resources management system authorized by 
section 9701(a) of title 5, United States Code, or by regulations 
prescribed pursuant to such section, for an employee, as that term is 
defined in section 7103(a)(2) of such title.
    (b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in section 9701(e) of 
title 5, United States Code, in the planning, testing, and development 
of any portion of a human resources management system that is 
developed, tested, or deployed for persons excluded from the definition 
of employee as that term is defined in section 7103(a)(2) of such 
title.
    Sec. 519.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2009'' and inserting ``2010''.
    Sec. 520.  The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 521. (a) Except as provided in subsection (b), none of the 
funds appropriated in this or any other Act to the Office of the 
Secretary and Executive Management, the Office of the Under Secretary 
for Management, or the Office of the Chief Financial Officer, may be 
obligated for a grant or contract funded under such headings by any 
means other than full and open competition.
    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
        (1) by a means that is required by a Federal statute, including 
    obligation for a purchase made under a mandated preferential 
    program, including the AbilityOne Program, that is authorized under 
    the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
        (2) pursuant to the Small Business Act (15 U.S.C. 631 et seq.);
        (3) in an amount less than the simplified acquisition threshold 
    described under section 302A(a) of the Federal Property and 
    Administrative Services Act of 1949 (41 U.S.C. 252a(a)); or
        (4) by another Federal agency using funds provided through an 
    interagency agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland Security 
may waive the application of this section for the award of a contract 
in the interest of national security or if failure to do so would pose 
a substantial risk to human health or welfare.
    (2) Not later than 5 days after the date on which the Secretary of 
Homeland Security issues a waiver under this subsection, the Secretary 
shall submit notification of that waiver to the Committees on 
Appropriations of the Senate and the House of Representatives, 
including a description of the applicable contract and an explanation 
of why the waiver authority was used. The Secretary may not delegate 
the authority to grant such a waiver.
    (d) In addition to the requirements established by subsections (a), 
(b), and (c) of this section, the Inspector General of the Department 
of Homeland Security shall review departmental contracts awarded 
through means other than a full and open competition to assess 
departmental compliance with applicable laws and regulations: Provided, 
That the Inspector General shall review selected contracts awarded in 
the previous fiscal year through means other than a full and open 
competition: Provided further, That in selecting which contracts to 
review, the Inspector General shall consider the cost and complexity of 
the goods and services to be provided under the contract, the 
criticality of the contract to fulfilling Department missions, past 
performance problems on similar contracts or by the selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the Inspector General deems relevant: 
Provided further, That the Inspector General shall report the results 
of the reviews to the Committees on Appropriations of the Senate and 
the House of Representatives no later than February 5, 2010.
    Sec. 522.  Except as provided in paragraphs (1) and (2) of this 
section, none of the funds provided by this or previous appropriations 
Acts shall be used to fund any position designated as a Principal 
Federal Official, or any successor position, for any Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
declared disasters or emergencies--
        (1) The Secretary of Homeland Security may waive the 
    application of this section provided that any field position 
    appointed pursuant to this waiver shall not hold the title of 
    Principal Federal Official, shall functionally report through the 
    Federal Coordinating Officer appointed under section 302 of the 
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
    U.S.C. 5143), and shall be subject to the provisions of subsection 
    (c) of section 319 of title 6, United States Code. The Secretary 
    may not delegate the authority to grant such a waiver.
        (2) Not later than 10 business days after the date on which the 
    Secretary of Homeland Security issues a waiver under this section, 
    the Secretary shall submit notification of that waiver to the 
    Committees on Appropriations of the Senate and the House of 
    Representatives, the Transportation and Infrastructure Committee of 
    the House of Representatives, and the Homeland Security and 
    Governmental Affairs Committee of the Senate explaining the 
    circumstances necessitating the waiver, describing the specific 
    role of any officials appointed pursuant to the waiver, and 
    outlining measures taken to ensure compliance with subsection (c) 
    of section 319 and subsections (c)(3) and (c)(4)(A) of section 313 
    of title 6, United States Code.
    Sec. 523.  None of the funds made available in this or any other 
Act may be used to enforce section 4025(1) of Public Law 108-458 unless 
the Assistant Secretary of Homeland Security (Transportation Security 
Administration) reverses the determination of July 19, 2007, that 
butane lighters are not a significant threat to civil aviation 
security.
    Sec. 524.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of the 
enactment of this Act.
    Sec. 525.  None of the funds provided in this Act shall be 
available to carry out section 872 of the Homeland Security Act of 2002 
(6 U.S.C. 452).
    Sec. 526.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 527.  None of the funds made available in this Act may be used 
to destroy or put out to pasture any horse or other equine belonging to 
the Federal Government that has become unfit for service, unless the 
trainer or handler is first given the option to take possession of the 
equine through an adoption program that has safeguards against 
slaughter and inhumane treatment.
    Sec. 528.  None of the funds provided in this Act under the heading 
``Office of the Chief Information Officer'' shall be used for data 
center development other than for Data Center One (National Center for 
Critical Information Processing and Storage) until the Chief 
Information Officer certifies that Data Center One is fully utilized as 
the Department's primary data storage center at the highest capacity 
throughout the fiscal year.
    Sec. 529.  None of the funds in this Act shall be used to reduce 
the United States Coast Guard's Operations Systems Center mission or 
its government-employed or contract staff levels.
    Sec. 530.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 531.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
        (1) in subsection (a), by striking ``Until September 30, 2009'' 
    and inserting ``Until September 30, 2010,''; and
        (2) in subsection (d)(1), by striking ``September 30, 2009,'' 
    and inserting ``September 30, 2010,''.
    Sec. 532.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 533.  None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the basic pilot program (E-Verify Program) under 
section 401 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note).
    Sec. 534.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act: Provided, That this section shall 
apply only to individuals transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day supply: 
Provided further, That the prescription drug may not be--
        (1) a controlled substance, as defined in section 102 of the 
    Controlled Substances Act (21 U.S.C. 802); or
        (2) a biological product, as defined in section 351 of the 
    Public Health Service Act (42 U.S.C. 262).
    Sec. 535.  None of the funds made available in this Act may be used 
by the Secretary of Homeland Security or any delegate of the Secretary 
to issue any rule or regulation which implements the Notice of Proposed 
Rulemaking related to Petitions for Aliens To Perform Temporary 
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed. 
Reg. 3984 (January 27, 2005).
    Sec. 536.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under subsection (g)(4)(B) of 
title 31, Unites States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security: Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives approve 
the proposed transfers.
    Sec. 537.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 538.  If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an airport 
does not need to participate in the basic pilot program (E-Verify 
Program) under section 402 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the 
Assistant Secretary shall certify to the Committees on Appropriations 
of the Senate and the House of Representatives that no security risks 
will result from such non-participation.
    Sec. 539. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date that 
the President determines whether to declare a major disaster because of 
an event and any appeal is completed, the Administrator shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, the Committee on Transportation and Infrastructure of 
the House of Representatives, the Committees on Appropriations of the 
Senate and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment information used to 
determine whether to declare a major disaster.
    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
        (1) the term ``Administrator'' means the Administrator of the 
    Federal Emergency Management Agency; and
        (2) the term ``major disaster'' has the meaning given that term 
    in section 102 of the Robert T. Stafford Disaster Relief and 
    Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 540.  Notwithstanding any other provision of law, should the 
Secretary of Homeland Security determine that the National Bio- and 
Agro-defense Facility be located at a site other than Plum Island, New 
York, the Secretary shall have the Administrator of General Services 
sell through public sale all real and related personal property and 
transportation assets which support Plum Island operations, subject to 
such terms and conditions as necessary to protect government interests 
and meet program requirements: Provided, That the gross proceeds of 
such sale shall be deposited as offsetting collections into the 
Department of Homeland Security Science and Technology ``Research, 
Development, Acquisition, and Operations'' account and, subject to 
appropriation, shall be available until expended, for site acquisition, 
construction, and costs related to the construction of the National 
Bio- and Agro-defense Facility, including the costs associated with the 
sale, including due diligence requirements, necessary environmental 
remediation at Plum Island, and reimbursement of expenses incurred by 
the General Services Administration which shall not exceed 1 percent of 
the sale price or $5,000,000, whichever is greater: Provided further, 
That after the completion of construction and environmental 
remediation, the unexpended balances of funds appropriated for costs in 
the preceding proviso shall be available for transfer to the 
appropriate account for design and construction of a consolidated 
Department of Homeland Security Headquarters project, excluding daily 
operations and maintenance costs, notwithstanding section 503 of this 
Act, and the Committees on Appropriations of the Senate and the House 
of Representatives shall be notified 15 days prior to such transfer.
    Sec. 541.  The explanatory statement referenced in section 4 of 
Public Law 110-161 for ``National Predisaster Mitigation Fund'' under 
Federal Emergency Management Agency is deemed to be amended--
        (1) by striking ``Dalton Fire District'' and all that follows 
    through ``750,000'' and inserting the following:

``Franklin Regional Council of Governments, MA.............      250,000
Town of Lanesborough, MA...................................      175,000
University of Massachusetts, MA............................   175,000'';
 

        (2) by striking ``Santee and'';
        (3) by striking ``3,000,000'' and inserting ``1,500,000'';
        (4) by inserting after the item relating to Adjutant General's 
    Office of Emergency Preparedness the following:

``Town of Branchville, SC..................................  1,500,000''
                                                                       ;
 

    and
        (5) by striking ``Public Works Department of the City of Santa 
    Cruz, CA'' and inserting ``Monterey County Water Resources Agency, 
    CA''.
    Sec. 542.  Any official that is required by this Act to report or 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives may not delegate such authority to perform that act 
unless specifically authorized herein.
    Sec. 543.  Section 203(m) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking 
``September 30, 2009'' and inserting ``September 30, 2010''.
    Sec. 544. (a) Not later than 3 months after the date of enactment 
of this Act, the Secretary of Homeland Security shall consult with the 
Secretaries of Defense and Transportation and develop a concept of 
operations for unmanned aircraft systems in the United States national 
airspace system for the purposes of border and maritime security 
operations.
    (b) The Secretary of Homeland Security shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 30 days after the date of enactment of 
this Act on any foreseeable challenges to complying with subsection 
(a).
    Sec. 545.  From unobligated amounts that are available to the Coast 
Guard for fiscal year 2008 or 2009 for ``Acquisition, Construction, and 
Improvements'' for shoreside facilities and aids to navigation at Coast 
Guard Sector Buffalo, the Secretary of Homeland Security shall use such 
sums as may be necessary to make improvements to the land along the 
northern portion of Sector Buffalo to enhance public access to the 
Buffalo Lighthouse and the waterfront.
    Sec. 546.  For fiscal year 2010 and thereafter, the Secretary may 
provide to personnel appointed or assigned to serve abroad, allowances 
and benefits similar to those provided under chapter 9 of title I of 
the Foreign Service Act of 1990 (22 U.S.C. 4081 et seq.).
    Sec. 547.  Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended 
by striking ``at the end of the 11-year period beginning on the first 
day the pilot program is in effect.'' and inserting ``on September 30, 
2012.''.
    Sec. 548.  Section 610(b) of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1993 
(8 U.S.C. 1153 note) is amended by striking ``for 15 years'' and 
inserting ``until September 30, 2012''.
    Sec. 549. (a) In addition to collection of registration fees 
described in section 244(c)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting services, 
biometric services, and other necessary services may be collected when 
administering the program described in section 244 of such Act.
    (b) Subsection (a) shall be construed to apply for fiscal year 1998 
and each fiscal year thereafter.  
    Sec. 550.  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is 
amended by striking ``three years after the date of enactment of this 
Act'' and inserting ``on October 4, 2010''.  
    Sec. 551. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), 
and 405(b)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1324a note) are amended by striking  ``basic pilot program''  each 
place that term appears and inserting  ``E-Verify Program''.
    (2) The heading of section 403(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 is amended by striking  
``Basic Pilot''  and inserting  ``E-Verify''.
    (b) Section 404(h)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 
1324a note) is amended by striking  ``under a pilot program''  and 
inserting  ``under this subtitle''.
    Sec. 552. (a) None of the funds made available in this or any other 
Act may be used to release an individual who is detained, as of June 
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental 
United States, Alaska, Hawaii, or the District of Columbia, into any of 
the United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI).
    (b) None of the funds made available in this or any other Act may 
be used to transfer an individual who is detained, as of June 24, 2009, 
at Naval Station, Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, or the District of Columbia, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of 
detention, except as provided in subsection (c).
    (c) None of the funds made available in this or any other Act may 
be used to transfer an individual who is detained, as of June 24, 2009, 
at Naval Station, Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, or the District of Columbia, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes 
of prosecuting such individual, or detaining such individual during 
legal proceedings, until 45 days after the plan described in subsection 
(d) is received.
    (d) The President shall submit to Congress, in classified form, a 
plan regarding the proposed disposition of any individual covered by 
subsection (c) who is detained as of June 24, 2009. Such plan shall 
include, at a minimum, each of the following for each such individual:
        (1) A determination of the risk that the individual might 
    instigate an act of terrorism within the continental United States, 
    Alaska, Hawaii, the District of Columbia, or the United States 
    territories if the individual were so transferred.
        (2) A determination of the risk that the individual might 
    advocate, coerce, or incite violent extremism, ideologically 
    motivated criminal activity, or acts of terrorism, among inmate 
    populations at incarceration facilities within the continental 
    United States, Alaska, Hawaii, the District of Columbia, or the 
    United States territories if the individual were transferred to 
    such a facility.
        (3) The costs associated with transferring the individual in 
    question.
        (4) The legal rationale and associated court demands for 
    transfer.
        (5) A plan for mitigation of any risks described in paragraphs 
    (1), (2), and (7).
        (6) A copy of a notification to the Governor of the State to 
    which the individual will be transferred, to the Mayor of the 
    District of Columbia if the individual will be transferred to the 
    District of Columbia, or to any United States territories with a 
    certification by the Attorney General of the United States in 
    classified form at least 14 days prior to such transfer (together 
    with supporting documentation and justification) that the 
    individual poses little or no security risk to the United States.
        (7) An assessment of any risk to the national security of the 
    United States or its citizens, including members of the Armed 
    Services of the United States, that is posed by such transfer and 
    the actions taken to mitigate such risk.
    (e) None of the funds made available in this or any other Act may 
be used to transfer or release an individual detained at Naval Station, 
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such 
individual's nationality or last habitual residence or to any other 
country other than the United States or to a freely associated State, 
unless the President submits to the Congress, in classified form, at 
least 15 days prior to such transfer or release, the following 
information:
        (1) The name of any individual to be transferred or released 
    and the country or the freely associated State to which such 
    individual is to be transferred or released.
        (2) An assessment of any risk to the national security of the 
    United States or its citizens, including members of the Armed 
    Services of the United States, that is posed by such transfer or 
    release and the actions taken to mitigate such risk.
        (3) The terms of any agreement with the country or the freely 
    associated State for the acceptance of such individual, including 
    the amount of any financial assistance related to such agreement.
    (f) None of the funds made available in this Act may be used to 
provide any immigration benefit (including a visa, admission into the 
United States or any of the United States territories, parole into the 
United States or any of the United States territories (other than 
parole for the purposes of prosecution and related detention), or 
classification as a refugee or applicant for asylum) to any individual 
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, 
Cuba.
    (g) In this section, the term ``freely associated States'' means 
the Federated States of Micronesia (FSM), the Republic of the Marshall 
Islands (RMI), and the Republic of Palau.
    (h) Prior to the termination of detention operations at Naval 
Station, Guantanamo Bay, Cuba, the President shall submit to the 
Congress a report in classified form describing the disposition or 
legal status of each individual detained at the facility as of the date 
of enactment of this Act.
    Sec. 553.  Section 44903(j)(2)(C) of title 49, United States Code, 
is amended by adding at the end the following new clause:
                ``(v) Inclusion of detainees on no fly list.--The 
            Assistant Secretary, in coordination with the Terrorist 
            Screening Center, shall include on the No Fly List any 
            individual who was a detainee held at the Naval Station, 
            Guantanamo Bay, Cuba, unless the President certifies in 
            writing to Congress that the detainee poses no threat to 
            the United States, its citizens, or its allies. For 
            purposes of this clause, the term `detainee' means an 
            individual in the custody or under the physical control of 
            the United States as a result of armed conflict.''.
    Sec. 554.  For fiscal year 2010 and thereafter, the Secretary of 
Homeland Security may collect fees from any non-Federal participant in 
a conference, seminar, exhibition, symposium, or similar meeting 
conducted by the Department of Homeland Security in advance of the 
conference, either directly or by contract, and those fees shall be 
credited to the appropriation or account from which the costs of the 
conference, seminar, exhibition, symposium, or similar meeting are paid 
and shall be available to pay the costs of the Department of Homeland 
Security with respect to the conference or to reimburse the Department 
for costs incurred with respect to the conference: Provided, That in 
the event the total amount of fees collected with respect to a 
conference exceeds the actual costs of the Department of Homeland 
Security with respect to the conference, the amount of such excess 
shall be deposited into the Treasury as miscellaneous receipts: 
Provided further, That the Secretary shall provide a report to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than January 5, 2011, providing the level of 
collections and a summary by agency of the purposes and levels of 
expenditures for the prior fiscal year, and shall report annually 
thereafter.
    Sec. 555.  For purposes of section 210C of the Homeland Security 
Act of 2002 (6 U.S.C. 124j) a rural area shall also include any area 
that is located in a metropolitan statistical area and a county, 
borough, parish, or area under the jurisdiction of an Indian tribe with 
a population of not more than 50,000.
    Sec. 556.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301.10-124 of title 41, 
Code of Federal Regulations.
    Sec. 557.  None of the funds made available in this Act may be used 
to propose or effect a disciplinary or adverse action, with respect to 
any Department of Homeland Security employee who engages regularly with 
the public in the performance of his or her official duties solely 
because that employee elects to utilize protective equipment or 
measures, including but not limited to surgical masks, N95 respirators, 
gloves, or hand-sanitizers, where use of such equipment or measures is 
in accord with Department of Homeland Security policy, and Centers for 
Disease Control and Prevention and Office of Personnel Management 
guidance.
    Sec. 558.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)). 
    Sec. 559. (a) Subject to subsection (b), none of the funds 
appropriated or otherwise made available by this Act may be available 
to operate the Loran-C signal after January 4, 2010.
    (b) The limitation in subsection (a) shall take effect only if:
        (1) the Commandant of the Coast Guard certifies that the 
    termination of the operation of the Loran-C signal as of the date 
    specified in subsection (a) will not adversely impact the safety of 
    maritime navigation; and
        (2) the Secretary of Homeland Security certifies that the 
    Loran-C system infrastructure is not needed as a backup to the 
    Global Positioning System or to meet any other Federal navigation 
    requirement.
    (c) If the certifications described in subsection (b) are made, the 
Coast Guard shall, commencing January 4, 2010, terminate the operation 
of the Loran-C signal and commence a phased decommissioning of the 
Loran-C system infrastructure.
    (d) Not later than 30 days after such certifications pursuant to 
subsection (b), the Commandant shall submit to the Committees on 
Appropriations of the Senate and House of Representatives a report 
setting forth a proposed schedule for the phased decommissioning of the 
Loran-C system infrastructure in the event of the decommissioning of 
such infrastructure in accordance with subsection (c).
    (e) If the certifications described in subsection (b) are made, the 
Secretary of Homeland Security, acting through the Commandant of the 
Coast Guard, may, notwithstanding any other provision of law, sell any 
real and personal property under the administrative control of the 
Coast Guard and used for the Loran-C system, by directing the 
Administrator of General Services to sell such real and personal 
property, subject to such terms and conditions that the Secretary 
believes to be necessary to protect government interests and program 
requirements of the Coast Guard: Provided, That the proceeds, less the 
costs of sale incurred by the General Services Administration, shall be 
deposited as offsetting collections into the Coast Guard 
``Environmental Compliance and Restoration'' account and, subject to 
appropriation, shall be available until expended for environmental 
compliance and restoration purposes associated with the Loran-C system, 
for the costs of securing and maintaining equipment that may be used as 
a backup to the Global Positioning System or to meet any other Federal 
navigation requirement, for the demolition of improvements on such real 
property, and for the costs associated with the sale of such real and 
personal property, including due diligence requirements, necessary 
environmental remediation, and reimbursement of expenses incurred by 
the General Services Administration: Provided further, That after the 
completion of such activities, the unexpended balances shall be 
available for any other environmental compliance and restoration 
activities of the Coast Guard.
    Sec. 560. (a) None of the funds made available by this Act may be 
obligated for construction of the National Bio- and Agro-defense 
Facility on the United States mainland until 30 days after the later 
of:
        (1) the date on which the Secretary of Homeland Security 
    submits to the Committee on Appropriations of the Senate and the 
    House of Representatives a site-specific bio-safety and bio-
    security mitigation risk assessment, which includes an integrated 
    set of analyses using plume modeling and epidemiologic impact 
    modeling, to determine the requirements necessary to ensure safe 
    operation of the National Bio- and Agro-defense Facility at the 
    approved Manhattan, Kansas, site identified in the January 16, 
    2009, record of decision published in Federal Register Vol. 74, 
    Number 11, and the results of the National Academy of Sciences' 
    review of the risk assessment as described in paragraph (b): 
    Provided, That the integrated set of analyses is to determine the 
    extent of the dispersion of the foot-and-mouth virus following a 
    potential laboratory spill, the potential spread of foot-and-mouth 
    disease in the surrounding susceptible animal population, and its 
    economic impact: Provided further, That the integrated set of 
    analyses should also take into account specific local, State, and 
    national risk mitigation strategies; or
        (2) the date on which the Secretary of Homeland Security, in 
    coordination with the Secretary of Agriculture, submits to the 
    Committees on Appropriations of the Senate and the House of 
    Representatives a report that:
            (A) describes the procedure that will be used to issue the 
        permit to conduct foot-and-mouth disease live virus research 
        under section 7524 of the Food, Conservation, and Energy Act of 
        2008 (21 U.S.C. 113a note; Public Law 110-246); and
            (B) includes plans to establish an emergency response plan 
        with city, regional, and State officials in the event of an 
        accidental release of foot-and-mouth disease or another 
        hazardous pathogen.
    (b) With regard to the integrated set of analyses included in the 
mitigation risk assessment required under paragraph (a)(1), the 
Secretary of Homeland Security shall enter into a contract with the 
National Academy of Sciences to evaluate the mitigation risk assessment 
required by subsection (a)(1) of this section and to submit a Letter 
Report: Provided, That such contract shall be entered into within 90 
days from the date of enactment of this Act, and the National Academy 
of Sciences shall complete its assessment and submit its Letter Report 
within four months after the date the Department of Homeland Security 
concludes the risk assessment.
    Sec. 561. (a) Short Title.--This section may be cited as the 
``American Communities' Right to Public Information Act''.
    (b) In General.--Section 70103(d) of title 46, United States Code, 
is amended to read as follows:
    ``(d) Nondisclosure of Information.--
        ``(1) In general.--Information developed under this section or 
    sections 70102, 70104, and 70108 is not required to be disclosed to 
    the public, including--
            ``(A) facility security plans, vessel security plans, and 
        port vulnerability assessments; and
            ``(B) other information related to security plans, 
        procedures, or programs for vessels or facilities authorized 
        under this section or sections 70102, 70104, and 70108.
        ``(2) Limitations.--Nothing in paragraph (1) shall be construed 
    to authorize the designation of information as sensitive security 
    information (as defined in section 1520.5 of title 49, Code of 
    Federal Regulations)--
            ``(A) to conceal a violation of law, inefficiency, or 
        administrative error;
            ``(B) to prevent embarrassment to a person, organization, 
        or agency;
            ``(C) to restrain competition; or
            ``(D) to prevent or delay the release of information that 
        does not require protection in the interest of transportation 
        security, including basic scientific research information not 
        clearly related to transportation security.''.
    (c) Conforming Amendments.--
        (1) Section 114(r) of title 49, United States Code, is amended 
    by adding at the end thereof the following:
        ``(4) Limitations.--Nothing in this subsection, or any other 
    provision of law, shall be construed to authorize the designation 
    of information as sensitive security information (as defined in 
    section 1520.5 of title 49, Code of Federal Regulations)--
            ``(A) to conceal a violation of law, inefficiency, or 
        administrative error;
            ``(B) to prevent embarrassment to a person, organization, 
        or agency;
            ``(C) to restrain competition; or
            ``(D) to prevent or delay the release of information that 
        does not require protection in the interest of transportation 
        security, including basic scientific research information not 
        clearly related to transportation security.''.
        (2) Section 40119(b) of title 49, United States Code, is 
    amended by adding at the end thereof the following:
        ``(3) Nothing in paragraph (1) shall be construed to authorize 
    the designation of information as sensitive security information 
    (as defined in section 15.5 of title 49, Code of Federal 
    Regulations)--
            ``(A) to conceal a violation of law, inefficiency, or 
        administrative error;
            ``(B) to prevent embarrassment to a person, organization, 
        or agency;
            ``(C) to restrain competition; or
            ``(D) to prevent or delay the release of information that 
        does not require protection in the interest of transportation 
        security, including basic scientific research information not 
        clearly related to transportation security.''.
    Sec. 562.  Section 4 of the Act entitled ``An Act to prohibit the 
introduction, or manufacture for introduction, into interstate commerce 
of switchblade knives, and for other purposes'' (commonly known as the 
Federal Switchblade Act) (15 U.S.C. 1244) is amended--
        (1) by striking  ``or''  at the end of paragraph (3);
        (2) by striking the period at the end of paragraph (4) and 
    inserting  ``; or''  and
        (3) by adding at the end the following:
        ``(5) a knife that contains a spring, detent, or other 
    mechanism designed to create a bias toward closure of the blade and 
    that requires exertion applied to the blade by hand, wrist, or arm 
    to overcome the bias toward closure to assist in opening the 
    knife.''.
    Sec. 563. (a) Applicable Annual Percentage Rate of Interest.--
Section 44(f)(1) of the Federal Deposit Insurance Act (12 U.S.C. 
1831u(f)(1)) is amended--
        (1) in the matter preceding subparagraph (A), by inserting 
    ``(or in the case of a governmental entity located in such State, 
    paid)'' after ``received, or reserved''; and
        (2) in subparagraph (B)--
            (A) in the matter preceding clause (i), by striking 
        ``nondepository institution operating in such State'' and 
        inserting ``governmental entity located in such State or any 
        person that is not a depository institution described in 
        subparagraph (A) doing business in such State'';
            (B) by redesignating clause (ii) as clause (iii);
            (C) in clause (i)--
                (i) in subclause (III)--

                    (I) in item (aa), by adding ``and'' at the end;
                    (II) in item (bb), by striking ``, to facilitate'' 
                and all that follows through ``2009''; and
                    (III) by striking item (cc); and

                (ii) by adding after subclause (III) the following:

                    ``(IV) the uniform accessibility of bonds and 
                obligations issued under the American Recovery and 
                Reinvestment Act of 2009;''; and

            (D) by inserting after clause (i) the following:
                ``(ii) to facilitate interstate commerce through the 
            issuance of bonds and obligations under any provision of 
            State law, including bonds and obligations for the purpose 
            of economic development, education, and improvements to 
            infrastructure; and''.
    (b) Rule of Construction.--Section 44(f)(2) of the Federal Deposit 
Insurance Act (12 U.S.C. 1831u(f)(2)) is amended--
        (1) by redesignating subparagraphs (A) and (B) as clauses (i) 
    and (ii), respectively, and moving the margins 2 ems to the right;
        (2) by striking ``No provision'' and inserting the following:
            ``(A) In general.--No provision''; and
        (3) by adding at the end the following:
            ``(B) Applicability.--This subsection shall be construed to 
        apply to any loan or discount made, or note, bill of exchange, 
        financing transaction, or other evidence of debt, originated by 
        an insured depository institution, a governmental entity 
        located in such State, or a person that is not a depository 
        institution described in subparagraph (A) doing business in 
        such State.''.
    (c) Effective Period.--The amendments made by this section shall 
apply with respect to contracts consummated during the period beginning 
on the date of enactment of this Act and ending on December 31, 2010.
    Sec. 564. (a) Short Title.--This section may be cited as the ``OPEN 
FOIA Act of 2009''.
    (b) Specific Citations in Statutory Exemptions.--Section 552(b) of 
title 5, United States Code, is amended by striking paragraph (3) and 
inserting the following:
        ``(3) specifically exempted from disclosure by statute (other 
    than section 552b of this title), if that statute--
            ``(A)(i) requires that the matters be withheld from the 
        public in such a manner as to leave no discretion on the issue; 
        or
            ``(ii) establishes particular criteria for withholding or 
        refers to particular types of matters to be withheld; and
            ``(B) if enacted after the date of enactment of the OPEN 
        FOIA Act of 2009, specifically cites to this paragraph.''.
    Sec. 565. (a) Short Title.--This section may be cited as the 
``Protected National Security Documents Act of 2009''.
    (b) Notwithstanding any other provision of the law to the contrary, 
no protected document, as defined in subsection (c), shall be subject 
to disclosure under section 552 of title 5, United States Code or any 
proceeding under that section.
    (c) Definitions.--In this section:
        (1) Protected document.--The term ``protected document'' means 
    any record--
            (A) for which the Secretary of Defense has issued a 
        certification, as described in subsection (d), stating that 
        disclosure of that record would endanger citizens of the United 
        States, members of the United States Armed Forces, or employees 
        of the United States Government deployed outside the United 
        States; and
            (B) that is a photograph that--
                (i) was taken during the period beginning on September 
            11, 2001, through January 22, 2009; and
                (ii) relates to the treatment of individuals engaged, 
            captured, or detained after September 11, 2001, by the 
            Armed Forces of the United States in operations outside of 
            the United States.
        (2) Photograph.--The term ``photograph'' encompasses all 
    photographic images, whether originals or copies, including still 
    photographs, negatives, digital images, films, video tapes, and 
    motion pictures.
    (d) Certification.--
        (1) In general.--For any photograph described under subsection 
    (c)(1), the Secretary of Defense shall issue a certification if the 
    Secretary of Defense determines that disclosure of that photograph 
    would endanger citizens of the United States, members of the United 
    States Armed Forces, or employees of the United States Government 
    deployed outside the United States.
        (2) Certification expiration.--A certification and a renewal of 
    a certification issued pursuant to subsection (d)(3) shall expire 3 
    years after the date on which the certification or renewal, is 
    issued by the Secretary of Defense.
        (3) Certification renewal.--The Secretary of Defense may 
    issue--
            (A) a renewal of a certification at any time; and
            (B) more than 1 renewal of a certification.
        (4) Notice to congress.--The Secretary of Defense shall provide 
    Congress a timely notice of the Secretary's issuance of a 
    certification and of a renewal of a certification.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to preclude the voluntary disclosure of a protected document.
    (f) Effective Date.--This section shall take effect on the date of 
enactment of this Act and apply to any protected document.
    Sec. 566.  The administrative law judge annuitants participating in 
the Senior Administrative Law Judge Program managed by the Director of 
the Office of Personnel Management under section 3323 of title 5, 
United States Code, shall be available on a temporary reemployment 
basis to conduct arbitrations of disputes as part of the arbitration 
panel established by the President under section 601 of division A of 
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 
123 Stat. 164).
    Sec. 567. (a) In General.--Any company that collects or retains 
personal information directly from individuals who participated in the 
Registered Traveler program shall safeguard and dispose of such 
information in accordance with the requirements in--
        (1) the National Institute for Standards and Technology Special 
    Publication 800-30, entitled ``Risk Management Guide for 
    Information Technology Systems''; and
        (2) the National Institute for Standards and Technology Special 
    Publication 800-53, Revision 3, entitled ``Recommended Security 
    Controls for Federal Information Systems and Organizations,'';
        (3) any supplemental standards established by the Assistant 
    Secretary, Transportation Security Administration (referred to in 
    this section as the ``Assistant Secretary'').
    (b) Certification.--The Assistant Secretary shall require any 
company through the sponsoring entity described in subsection (a) to 
provide, not later than 30 days after the date of the enactment of this 
Act, written certification to the sponsoring entity that such 
procedures are consistent with the minimum standards established under 
paragraph (a)(1-3) with a description of the procedures used to comply 
with such standards.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Assistant Secretary shall submit a report to Congress 
that--
        (1) describes the procedures that have been used to safeguard 
    and dispose of personal information collected through the 
    Registered Traveler program; and
        (2) provides the status of the certification by any company 
    described in subsection (a) that such procedures are consistent 
    with the minimum standards established by paragraph (a)(1-3).
    Sec. 568. (a) Special Immigrant Nonminister Religious Worker 
Program and Other Immigration Programs.--
        (1) Extension.--Subclauses (II) and (III) of section 
    101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 
    1101(a)(27)(C)(ii)) are amended by striking ``September 30, 2009,'' 
    each place such term appears and inserting ``September 30, 2012,''.
        (2) Study and plan.--Not later than 180 days after the date of 
    the enactment of this Act, the Director of United States 
    Citizenship and Immigration Services shall submit a report to the 
    Committee on the Judiciary of the Senate and the Committee on the 
    Judiciary of the House of Representatives that includes--
            (A) the results of a study conducted under the supervision 
        of the Director to evaluate the Special Immigrant Nonminister 
        Religious Worker Program to identify the risks of fraud and 
        noncompliance by program participants; and
            (B) a detailed plan that describes the actions to be taken 
        by United States Citizenship and Immigration Services to 
        improve the integrity of the program.
        (3) Progress report.--Not later than 240 days after the 
    submission of the report under paragraph (2), the Director of 
    United States Citizenship and Immigration Services shall submit a 
    report to the Committee on the Judiciary of the Senate and the 
    Committee on the Judiciary of the House of Representatives that 
    describes the progress made in implementing the plan described in 
    clause (a)(2)(B) of this section.
    (b) Conrad State 30 J-1 Visa Waiver Program.--Section 220(c) of the 
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 
1182 note) is amended by striking ``September 30, 2009'' and inserting 
``September 30, 2012''.
    (c) Relief for Surviving Spouses.--
        (1) In general.--The second sentence of section 201(b)(2)(A)(i) 
    of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) 
    is amended by striking ``for at least 2 years at the time of the 
    citizen's death''.
        (2) Applicability.--
            (A) In general.--The amendment made by paragraph (1) shall 
        apply to all applications and petitions relating to immediate 
        relative status under section 201(b)(2)(A)(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) 
        pending on or after the date of the enactment of this Act.
            (B) Transition cases.--
                (i) In general.--Notwithstanding any other provision of 
            law, an alien described in clause (ii) who seeks immediate 
            relative status pursuant to the amendment made by paragraph 
            (1) shall file a petition under section 204(a)(1)(A)(ii) of 
            the Immigration and Nationality Act (8 U.S.C. 
            1154(a)(1)(A)(ii)) not later than the date that is 2 years 
            after the date of the enactment of this Act.
                (ii) Aliens described.--An alien is described in this 
            clause if--

                    (I) the alien's United States citizen spouse died 
                before the date of the enactment of this Act;
                    (II) the alien and the citizen spouse were married 
                for less than 2 years at the time of the citizen 
                spouse's death; and
                    (III) the alien has not remarried.

    (d) Surviving Relative Consideration for Certain Petitions and 
Applications.--
        (1) Amendment.--Section 204 of the Immigration and Nationality 
    Act (8 U.S.C. 1154) is amended by adding at the end the following:
    ``(l) Surviving Relative Consideration for Certain Petitions and 
Applications.--
        ``(1) In general.--An alien described in paragraph (2) who 
    resided in the United States at the time of the death of the 
    qualifying relative and who continues to reside in the United 
    States shall have such petition described in paragraph (2), or an 
    application for adjustment of status to that of a person admitted 
    for lawful permanent residence based upon the family relationship 
    described in paragraph (2), and any related applications, 
    adjudicated notwithstanding the death of the qualifying relative, 
    unless the Secretary of Homeland Security determines, in the 
    unreviewable discretion of the Secretary, that approval would not 
    be in the public interest.
        ``(2) Alien described.--An alien described in this paragraph is 
    an alien who, immediately prior to the death of his or her 
    qualifying relative, was--
            ``(A) the beneficiary of a pending or approved petition for 
        classification as an immediate relative (as described in 
        section 201(b)(2)(A)(i));
            ``(B) the beneficiary of a pending or approved petition for 
        classification under section 203 (a) or (d);
            ``(C) a derivative beneficiary of a pending or approved 
        petition for classification under section 203(b) (as described 
        in section 203(d));
            ``(D) the beneficiary of a pending or approved refugee/
        asylee relative petition under section 207 or 208;
            ``(E) an alien admitted in `T' nonimmigrant status as 
        described in section 101(a)(15)(T)(ii) or in `U' nonimmigrant 
        status as described in section 101(a)(15)(U)(ii); or
            ``(F) an asylee (as described in section 208(b)(3)).''.
        (2) Construction.--Nothing in the amendment made by paragraph 
    (1) may be construed to limit or waive any ground of removal, basis 
    for denial of petition or application, or other criteria for 
    adjudicating petitions or applications as otherwise provided under 
    the immigration laws of the United States other than ineligibility 
    based solely on the lack of a qualifying family relationship as 
    specifically provided by such amendment.
    (e) Conforming Amendment to Affidavit of Support Requirement.--
Section 213A(f)(5) of the Immigration and Nationality Act (8 U.S.C. 
1183a(5)) is amended by striking clauses (i) and (ii) and inserting:
                ``(i) the individual petitioning under section 204 of 
            this Act for the classification of such alien died after 
            the approval of such petition, and the Secretary of 
            Homeland Security has determined for humanitarian reasons 
            that revocation of such petition under section 205 would be 
            inappropriate; or
                ``(ii) the alien's petition is being adjudicated 
            pursuant to section 204(l) (surviving relative 
            consideration).''.
    Sec. 569.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 570.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any federal contract unless such contract is 
entered into in accordance with the requirements of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253) or 
Chapter 137 of title 10, United States Code, and the Federal 
Acquisition Regulation, unless such contract is otherwise authorized by 
statute to be entered into without regard to the above referenced 
statutes.
    Sec. 571. (a) Funds made available by this Act solely for data 
center migration may be transferred by the Secretary between 
appropriations for the same purpose, notwithstanding section 503 of 
this Act.
    (b) No transfer described in (a) shall occur until 15 days after 
the Committees on Appropriations of the Senate and the House and 
Representatives are notified of such transfer.
    Sec. 572.  Specific projects contained in the report of the 
Committee on Appropriations of the House of Representatives 
accompanying this Act (H. Rept. 111-157) that are considered 
congressional earmarks for purposes of clause 9 of rule XXI of the 
Rules of the House of Representatives, when intended to be awarded to a 
for-profit entity, shall be awarded under a full and open competition.
    Sec. 573.  From unobligated balances for fiscal year 2009 made 
available for Federal Emergency Management Agency ``Trucking Industry 
Security Grants'', $5,572,000 are rescinded.
    Sec. 574.  From the unobligated balances of prior year 
appropriations made available for ``Analysis and Operations'', 
$2,358,000 are rescinded.
    Sec. 575.  From the unobligated balances of prior year 
appropriations made available for National Protection and Programs 
Directorate ``Infrastructure Protection and Information Security'', 
$8,000,000 are rescinded.
    Sec. 576.  From the unobligated balances of prior year 
appropriations made available for Science and Technology ``Research, 
Development, Acquisition, and Operations'', $6,944,148 are rescinded.
    Sec. 577.  From the unobligated balances of prior year 
appropriations made available for Domestic Nuclear Detection Office 
``Research, Development, and Operations'', $8,000,000 are rescinded.
    Sec. 578.  From the unobligated balances of prior year 
appropriations made available for Transportation Security 
Administration ``Research and Development'', $4,000,000 are rescinded.
    Sec. 579.  From the unobligated balances of prior year 
appropriations made available for Coast Guard ``Acquisition, 
Construction, and Improvements'', $800,000 are rescinded: Provided, 
That these rescissions shall be taken from completed projects.
    Sec. 580.  Of the amounts available under the heading 
``Counterterrorism Fund'', $5,600,000 are rescinded. 
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2010''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```