to reach the agreement required under paragraph 
(1) for such fiscal year. Until such time as the 
agreement required under paragraph (1) has been 
reached for such fiscal year, the Commissioner and 
the Secretary shall, not later than the end of each 
90-day period after October 1 of such fiscal year, 
notify such Committees of the status of negotiations 
between the Commissioner and the Secretary in 
order to reach such an agreement. 
(c) GAO STUDY OF BASIC PILOT CONFIRMATION 
SYSTEM.— 
(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Comp-
troller General shall conduct a study regarding erro-
neous tentative nonconfirmations under the basic 
pilot confirmation system established under section 
404(a) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a 
note). 
(2) MATTERS TO BE STUDIED.—In the study 
required under paragraph (1), the Comptroller Gen-
eral shall determine and analyze— 
(A) the causes of erroneous tentative non-
confirmations under the basic pilot confirmation 
system; 
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(B) the processes by which such erroneous 
tentative nonconfirmations are remedied; and 
(C) the effect of such erroneous tentative 
nonconfirmations on individuals, employers, and 
Federal agencies. 
(3) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller 
General shall submit the results of the study re-
quired under paragraph (1) to the Committee on 
Ways and Means of the House of Representatives, 
the Committees on the Judiciary of the Senate and 
the House of Representatives, the Committee on Fi-
nance of the Senate, and the Committees on Appro-
priations of the Senate and the House of Represent-
atives. 
(d) GAO STUDY OF EFFECTS OF BASIC PILOT PRO-
GRAM ON SMALL ENTITIES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this Act, the Comp-
troller General shall submit to the Committees on 
the Judiciary of the Senate and the House of Rep-
resentatives and the Committees on Appropriations 
of the Senate and the House of Representatives a 
report containing the Comptroller General’s analysis 
of the effects of the basic pilot program described in 
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section 404(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) on small entities (as defined in section 
601 of title 5, United States Code). The report shall 
detail— 
(A) the costs of compliance with such pro-
gram on small entities; 
(B) a description and an estimate of the 
number of small entities enrolled and partici-
pating in such program or an explanation of 
why no such estimate is available; 
(C) the projected reporting, recordkeeping, 
and other compliance requirements of such pro-
gram on small entities; 
(D) factors that impact small entities’ en-
rollment and participation in such program, in-
cluding access to appropriate technology, geog-
raphy, entity size, and class of entity; and 
(E) the steps, if any, the Secretary of 
Homeland Security has taken to minimize the 
economic impact of participating in such pro-
gram on small entities. 
(2) DIRECT AND INDIRECT EFFECTS.—The re-
port shall cover, and treat separately, direct effects 
(such as wages, time, and fees spent on compliance) 
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and indirect effects (such as the effect on cash flow, 
sales, and competitiveness). 
(3) SPECIFIC CONTENTS.—The report shall pro-
vide specific and separate details with respect to— 
(A) small businesses (as defined in section 
601 of title 5, United States Code) with fewer 
than 50 employees; and 
(B) small entities operating in States that 
have mandated use of the basic pilot program. 
SEC. 546. (a) IN GENERAL.—Strike subparagraphs 
(A) through (C) that appear within section 426(b) of divi-
sion J of the Consolidated Appropriations Act, 2005 (Pub-
lic Law 108–447) and insert the following: 
‘‘ ‘(A) SECRETARAY OF STATE.—One-third 
of the amounts deposited into the Fraud Pre-
vention and Detection Account shall remain 
available to the Secretary of State until ex-
pended for programs and activities— 
‘‘ ‘(i) to increase the number of con-
sular and diplomatic security personnel as-
signed primarily to the function of pre-
venting and detecting fraud by applicants 
for visas described in subparagraph (H)(i), 
(H)(ii), or (L) of section 101(a)(15); 
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‘‘ ‘(ii) otherwise to prevent and detect 
visa fraud, including fraud by applicants 
for visas described in subparagraph (H)(i), 
(H)(ii), or (L) of section 101(a)(15), as 
well as the purchase, lease, construction, 
and staffing of facilities for the processing 
of these classes of visa, in consultation 
with the Secretary of Homeland Security 
as appropriate; and 
‘‘ ‘(iii) upon request by the Secretary 
of Homeland Security, to assist such Sec-
retary in carrying out the fraud prevention 
and detection programs and activities de-
scribed in subparagraph (B). 
‘‘ ‘(B) SECRETARY
OF
HOMELAND
SECU-
RITY.—One-third of the amounts deposited into 
the Fraud Prevention and Detection Account 
shall remain available to the Secretary of 
Homeland Security until expended for programs 
and activities to prevent and detect immigration 
benefit fraud, including fraud with respect to 
petitions filed under paragraph (1) or (2)(A) of 
section 214(c) to grant an alien nonimmigrant 
status described in subparagraph (H) or (L) of 
section 101(a)(15). 
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‘‘ ‘(C) SECRETARY OF LABOR.—One-third 
of the amounts deposited into the Fraud Pre-
vention and Detection Account shall remain 
available to the Secretary of Labor until ex-
pended for wage and hour enforcement pro-
grams and activities otherwise authorized to be 
conducted by the Secretary of Labor that focus 
on industries likely to employ nonimmigrants, 
including enforcement programs and activities 
described in section 212(n) and enforcement 
programs and activities related to section 
214(c)(14)(A)(i).’ ’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
CLARIFICATION OF FEE AUTHORITY 
SEC. 547. (a) IN GENERAL.—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) CONSTRUCTION.—Subsection (a) shall be con-
strued to apply for fiscal year 1998 and each fiscal year 
thereafter. 
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SEC. 548. 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 ‘‘October 4, 2010’’. 
SEC. 549. For Fiscal Year 2010 and thereafter, the 
Secretary of Homeland Security may collect fees from any 
non-Federal participant in a conference, seminar, exhi-
bition, symposium, or similar meeting conducted by the 
Department of Homeland Security in advance of the con-
ference, either directly or by entering into a contract, and 
those fees shall be credited to the appropriation or account 
from which the costs of the conference, seminar, exhi-
bition, symposium, or similar meeting are paid and shall 
be available to pay the costs of the Department of Home-
land Security with respect to the conference or to reim-
burse the Department for costs incurred with respect to 
the conference. In the event the total amount of fees col-
lected 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 depos-
ited into the Treasury as miscellaneous receipts. 
SEC. 550. From unobligated balances for fiscal year 
2009 made available for the Federal Emergency Manage-
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ment Agency ‘‘Trucking Industry Security Grants’’ ac-
count, $5,572,000 is rescinded. 
SEC. 551. None of the funds made avilable in this 
Act may be obligated for full–scale procurement of Ad-
vanced Spectroscopic Portal monitors until the Secretary 
of Homeland Security submits to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives a report certifying that a significant increase in oper-
ational effectiveness will be achieved: Provided, That the 
Secretary shall submit separate and distinct certifications 
prior to the procurement of Advaced Spectroscopic Portal 
monitors for primary and secondary deployment that ad-
dress the unique requirements for operational effectiveness 
of each type of deployment: Provided further, That the 
Secretary shall consult with the National Academy of 
Sciences before making such certifications: Provided fur-
ther, That none of the funds provided in this Act may be 
obligated for high-risk concurrent development and pro-
duction of mutually dependent software and hardware. 
SEC. 552. (a) As part of a plan regarding the pro-
posed disposition of any individual who is detained, as of 
April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, 
the Secretary of Homeland Security shall conduct a threat 
assessment for each such individual who is proposed to 
be transferred to the continental United States, Alaska, 
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Hawaii, the District of Columbia, or the United States 
Territories that— 
(1) determines the risk that the individual might in-
stigate 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 trans-
ferred; and 
(2) determines the risk that the individual might ad-
vocate, 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 indi-
vidual were transferred to such a facility. 
(b) 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, un-
less 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 
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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.’’. 
(c) 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, parole into the 
United States, or classification as a refugee or applicant 
for asylum) to any individual who is detained, as of April 
20, 2009, at Naval Station, Guantanamo Bay, Cuba. 
(d) Nothing in subsections (b) and (c) shall be con-
strued to prohibit a detainee held at Guantanamo Bay 
from being brought to the United States for prosecution. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2010’’. 
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Union Calendar No. 78 
111TH CONGRESS 
1ST SESSION 
H. R. 2892 
[Report No. 111–157] 
A BILL 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes. 
JUNE 16, 2009 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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