H. R. 2892—27 
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originally enacted.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 re-
programming 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 Commit-
tees on Appropriations of the Senate or the House of Representa-
tives 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 Depart-
ment 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
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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 Cap-
ital 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 Depart-
ment 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 Depart-
ment 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
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determines that compliance with this section would pose a substan-
tial 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 Enforce-
ment 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 develop-
ment of a proposed prospectus. 
SEC. 510. Sections 519, 520, 522, 528, 530, and 531 of the 
Department of Homeland Security Appropriations Act, 2008 (divi-
sion 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 Manage-
ment 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 Serv-
ices of the Department of Homeland Security who are known as 
of that date as Immigration Information Officers, Contact Rep-
resentatives, or Investigative Assistants. 
SEC. 514. (a) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with air car-
riers 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.
H. R. 2892—30 
(b) Not later than 45 days after the end of each quarter, 
the Assistant Secretary shall submit to the Committees on Appro-
priations 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 Transpor-
tation Security Administration ‘‘Aviation Security’’, ‘‘Administra-
tion’’ 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 nego-
tiation, 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’’.