datamatters24/research-document-archive huggingface dataset:
•HR 2892 EH1S 
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.’’. 
(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. 
SEC. 553. None of the funds made available under 
this Act may be used to close or transfer the operations 
of the Florida Long Term Recovery Office of the Federal 
Emergency Management Administration located in Or-
lando, Florida. 
SEC. 554. 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
•HR 2892 EH1S 
301–10.122 through 301.10–124 of title 41, Code of Fed-
eral Regulations. 
SEC. 555. No funds appropriated by this Act may be 
used to impose any negative personnel action against any 
Department of Homeland Security employee who engages 
with the public in the course of the employee’s duties, for 
the use of surgical masks, N95 respirators, gloves, or hand 
sanitizer. 
SEC. 556. 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)). 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2010’’. 
Passed the House of Representatives June 24, 2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 2892 
AN ACT 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes.
HR 2892 PCS 
the Working Capital Fund, except for the activities and 
amounts allowed in the President’s fiscal year 2010 budg-
et: Provided further, That funds provided to the Working 
Capital Fund shall be available for obligation until ex-
pended 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 pro-
vided to the Working Capital Fund shall be used only for 
purposes consistent with the contributing component: Pro-
vided 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 
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$7,576,897,000 (increased by $4,900,000) (increased by 
$34,000,000) (reduced by $1,000,000) (increased by 
$1,000,000), of which $3,226,000 shall be derived from 
the Harbor Maintenance Trust Fund for administrative 
expenses related to the collection of the Harbor Mainte-
nance Fee pursuant to section 9505(c)(3) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not-
withstanding 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 $1,000,000 shall be for awards of compensa-
tion 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, 
to be awarded under full and open competition: Provided, 
That for fiscal year 2010, the overtime limitation pre-
scribed in section 5(c)(1) of the Act of February 13, 1911 
(19 U.S.C. 267(c)(1)) shall be $35,000; and notwith-
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HR 2892 PCS 
standing any other provision of law, none of the funds ap-
propriated by this Act may be available to compensate any 
employee of U.S. Customs and Border Protection for over-
time, 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 pur-
poses, to prevent excessive costs, or in cases of immigra-
tion emergencies. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protec-
tion automated systems, $462,445,000, to remain avail-
able until expended, of which not less than $267,960,000 
shall be for the development of the Automated Commercial 
Environment: Provided, That of the total amount made 
available under this heading, $167,960,000 may not be ob-
ligated for the Automated Commercial Environment pro-
gram until 30 days after the Committees on Appropria-
tions of the Senate and the House of Representatives re-
ceive 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, infrastruc-
ture, and technology, $732,000,000, to remain available 
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HR 2892 PCS 
operational control, including cost, level of oper-
ational control, possible unintended effects on com-
munities, and other factors critical to the decision-
making process: 
Provided further, That the Secretary shall report to the 
Committees on Appropriations of the Senate and the 
House of Representatives on program progress, and obli-
gations 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 be-
fore 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 Rep-
resentatives: 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 exer-
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HR 2892 PCS 
115 Stat. 597; 49 U.S.C. 40101 note), $992,980,000, to 
remain available until September 30, 2011: Provided, 
That not to exceed $5,000,000 may be obligated for head-
quarters administration until the Secretary of Homeland 
Security submits to the Committees on Appropriations of 
the Senate and the House of Representatives detailed ex-
penditure plans for checkpoint support and explosives de-
tection systems refurbishment, procurement, and installa-
tions 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 mainte-
nance of the Coast Guard, not otherwise provided for; pur-
chase or lease of not to exceed 25 passenger motor vehi-
cles, 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 for repairs 
and service-life replacements for small boats for such re-
quirements, not to exceed a total of $26,000,000; minor 
shore construction projects not exceeding $1,000,000 in 
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be credited to and used for the purposes of this appropria-
tion funds received from State and local governments, 
other public authorities, private sources, and foreign coun-
tries for expenses incurred for research, development, test-
ing, and evaluation. 
RETIRED PAY 
For retired pay, including the payment of obligations 
otherwise chargeable to lapsed appropriations for this pur-
pose, payments under the Retired Serviceman’s Family 
Protection and Survivor Benefits Plans, payment for ca-
reer status bonuses, concurrent receipts and combat-re-
lated special compensation under the National Defense 
Authorization Act, and payments for medical care of re-
tired 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 
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fits and outcomes, and program management capa-
bilities; 
(3) a listing of all open Government Account-
ability Office and Office of Inspector General rec-
ommendations related to the program and the status 
of Department of Homeland Security actions to ad-
dress the recommendations, including milestones for 
fully addressing such recommendations; 
(4)(A) a certification by the Chief Procurement 
Officer of the Department that— 
(i) the program has been reviewed and ap-
proved in accordance with the investment man-
agement process of the Department; 
(ii) the process fulfills all capital planning 
and investment control requirements and re-
views established by the Office of Management 
and Budget, including as provided in Circular 
A–11, part 7; and 
(iii) the plans for the program comply with 
Federal acquisition rules, requirements, guide-
lines, and practices; and 
(B) a description by the Chief Procurement Of-
ficer of the actions being taken to address areas of 
non-compliance, the risks associated with such areas 
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as well as any plans for addressing such risks, and 
the status of the implementation of such actions; 
(5)(A) a certification by the Chief Information 
Officer of the Department that— 
(i) an independent verification and valida-
tion agent is currently under contract for the 
program; 
(ii) the system architecture of the program 
is sufficiently aligned with the information sys-
tems enterprise architecture of the Department 
to minimize future rework, including a descrip-
tion of all aspects of the architecture that were 
or were not assessed in making the alignment 
determination, the date of the alignment deter-
mination, and any known areas of misalignment 
along with the associated risks and corrective 
actions to address any such areas; and 
(iii) the program has a risk management 
process that regularly identifies, evaluates, miti-
gates, and monitors risks throughout the sys-
tem life cycle, and communicates high-risk con-
ditions to agency and Department investment 
decision makers; and 
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(B) a listing by the Chief Information Officer 
of all the program’s high risks and the status of ef-
forts to address them; 
(6) a certification by the Chief Human Capital 
Officer of the Department that the human capital 
needs of the program are being strategically and 
proactively managed, and that current human cap-
ital capabilities are sufficient to execute the plans 
discussed in the report; and 
(7) a detailed accounting of operation and 
maintenance, contractor services, and program costs 
associated with the management of identity services. 
OFFICE OF HEALTH AFFAIRS 
For necessary expenses of the Office of Health Af-
fairs, $128,400,000, of which $30,411,000 is for salaries 
and expenses: Provided, That $97,989,000 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 rep-
resentation expenses. 
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HR 2892 PCS 
ment 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.), $800,000,000 (increased by 
$10,000,000), of which $380,000,000 (increased by 
$10,000,000) 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 ad-
ministration shall be provided to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives within 60 days of the date of enactment of this Act. 
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127 
† HR 2996 EAS 
TIMBER SALE REQUIREMENTS 
SEC. 417. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised using 
a residual value approach that assigns domestic Alaska val-
ues for western red cedar. Program accomplishments shall 
be based on volume sold. Should Region 10 sell, in the cur-
rent fiscal year, the annual average portion of the decadal 
allowable sale quantity called for in the current Tongass 
Land Management Plan in sales which are not deficit when 
appraised using a residual value approach that assigns do-
mestic Alaska values for western red cedar, all of the west-
ern red cedar timber from those sales which is surplus to 
the needs of domestic processors in Alaska, shall be made 
available to domestic processors in the contiguous 48 United 
States at prevailing domestic prices. Should Region 10 sell, 
in the current fiscal year, less than the annual average por-
tion of the decadal allowable sale quantity called for in the 
Tongass Land Management Plan in sales which are not def-
icit when appraised using a residual value approach that 
assigns domestic Alaska values for western red cedar, the 
volume of western red cedar timber available to domestic 
processors at prevailing domestic prices in the contiguous 
48 United States shall be that volume: (1) which is surplus 
to the needs of domestic processors in Alaska; and (2) is 
that percent of the surplus western red cedar volume deter-
Rural Electrification Act of 1936 and section 306(a)(1) 
of the Consolidated Farm and Rural Development Act for 
construction and repair projects in Guam, and such funds 
shall remain available until expended: Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That such loans or loan guaran-
tees may be made without regard to the population of the 
area, credit elsewhere requirements, and restrictions on 
the types of eligible entities under the Rural Electrifica-
tion Act of 1936 and section 306(a)(1) of the Consolidated 
Farm and Rural Development Act: Provided further, That 
any funds transferred to the Secretary of Agriculture shall 
be in addition to funds otherwise made available to make 
or guarantee loans under such authorities. 
OFFICE OF THE SOLICITOR 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Solicitor, 
$65,076,000. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector 
General, $48,590,000.
716 
‘‘(l) DOMESTIC ADAPTATION.—The Administrator 
shall allocate emission allowances for domestic adaptation 
as follows: 
‘‘(1) To be distributed in accordance with sec-
tion 453 of the American Clean Energy and Security 
Act of 2009 in the following amounts: 
‘‘(A) For vintage years 2012 through 
2021, 0.9 percent of the emission allowances es-
tablished for each year under section 721(a). 
‘‘(B) For vintage years 2022 through 
2026, 1.9 percent of the emission allowances es-
tablished for each year under section 721(a). 
‘‘(C) For vintage years 2027 through 
2050, 3.9 percent of the emission allowances es-
tablished for each year under section 721(a). 
‘‘(2) For vintage year 2012 and thereafter, the 
Administrator shall auction, pursuant to section 
791, 0.1 percent of the emission allowances estab-
lished for each year under section 721(a), and shall 
deposit the proceeds in the Climate Change Health 
Protection and Promotion Fund established by sec-
tion 467 of the American Clean Energy and Security 
Act of 2009. 
‘‘(m) WILDLIFE AND NATURAL RESOURCE ADAPTA-
TION.—The Administrator shall allocate emission allow-
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125 
HR 2892 PP
menting Recommendations of the 9/11 Commission 
Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 
1163, and 1182), of which not less than $25,000,000 
shall be for Amtrak security, and not less than 
$6,000,000 shall be for Over-the-Road Bus Security 
Assistance. 
(7) $350,000,000 shall be for Port Security 
Grants in accordance with 46 U.S.C. 70107. 
(8) $50,000,000 shall be for Buffer Zone Protec-
tion Program Grants. 
(9) $50,000,000 shall be for Driver’s License Se-
curity Grants Program, pursuant to section 204(a) of 
the REAL ID Act of 2005 (division B of Public Law 
109–13). 
(10) $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). 
(11) $20,000,000 shall be for grants for Emer-
gency Operations Centers under section 614 of the 
Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5196c), of which no less than 
$1,500,000 shall be for the Ohio Emergency Manage-
ment Agency Emergency Operations Center, Colum-
bus, Ohio; no less than $1,000,000 shall be for the 
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$7,576,897,000 (increased by $4,900,000) (increased by 
$34,000,000) (reduced by $1,000,000) (increased by 
$1,000,000), of which $3,226,000 shall be derived from 
the Harbor Maintenance Trust Fund for administrative 
expenses related to the collection of the Harbor Mainte-
nance Fee pursuant to section 9505(c)(3) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not-
withstanding 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 $1,000,000 shall be for awards of compensa-
tion 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, 
to be awarded under full and open competition: Provided, 
That for fiscal year 2010, the overtime limitation pre-
scribed in section 5(c)(1) of the Act of February 13, 1911 
(19 U.S.C. 267(c)(1)) shall be $35,000; and notwith-
VerDate Nov 24 2008 
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717 
ances for wildlife and natural resource adaptation as fol-
lows: 
‘‘(1) To be distributed to State agencies in ac-
cordance with section 480(a) of the American Clean 
Energy and Security Act of 2009 in the following 
amounts: 
‘‘(A) For vintage years 2012 through 
2021, 0.385 percent of the emission allowances 
established for each year under section 721(a). 
‘‘(B) For vintage years 2022 through 
2026, 0.77 percent of the emission allowances 
established for each year under section 721(a). 
‘‘(C) For vintage years 2027 through 
2050, 1.54 percent of the emission allowances 
established for each year under section 721(a). 
‘‘(2) To be auctioned pursuant to section 791, 
with the proceeds to be deposited in the Natural Re-
sources Climate Change Adaptation Fund estab-
lished pursuant to section 480(b), in the following 
amounts: 
‘‘(A) For vintage years 2012 through 
2021, 0.615 percent of the emission allowances 
established for each year under section 721(a). 
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