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(2) the Committee on the Judiciary of the Sen-
ate; 
(3) the Committee on Appropriations of the 
House of Representatives; 
(4) the Committee on the Judiciary of the House 
of Representatives; and 
(5) the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
MARITIME TRANSPORTATION SECURITY INFORMATION 
SEC. 564. (a) SHORT TITLE.—This section may be 
cited as the ‘‘American Communities’ Right to Public Infor-
mation 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 chapter is not required to be disclosed to the pub-
lic, 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 fa-
cilities authorized under this chapter. 
‘‘(2) LIMITATIONS.—Nothing in paragraph (1) 
shall be construed to authorize the designation of in-
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formation as sensitive security information (as de-
fined in section 1520.5 of title 49, Code of Federal 
Regulations)— 
‘‘(A) to conceal a violation of law, ineffi-
ciency, 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 infor-
mation 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 fol-
lowing: 
‘‘(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, ineffi-
ciency, or administrative error; 
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‘‘(B) to prevent embarrassment to a person, 
organization, or agency; 
‘‘(C) to restrain competition; or 
‘‘(D) to prevent or delay the release of infor-
mation 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 fol-
lowing: 
‘‘(3) Nothing in paragraph (1) shall be construed 
to authorize the designation of information as sen-
sitive security information (as defined in section 15.5 
of title 49, Code of Federal Regulations)— 
‘‘(A) to conceal a violation of law, ineffi-
ciency, 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 infor-
mation that does not require protection in the 
interest of transportation security, including 
basic scientific research information not clearly 
related to transportation security.’’. 
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DEFINITION OF SWITCHBLADE KNIVES 
SEC. 565. Section 4 of the Act entitled ‘‘An Act to pro-
hibit the introduction, or manufacture for introduction, 
into interstate commerce of switchblade knives, and for 
other purposes’’ (commonly known as the Federal Switch-
blade 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 para-
graph (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 clo-
sure 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.’’. 
FEDERAL DEPOSIT INSURANCE ACT TECHNICAL 
CORRECTION 
SEC. 566. (a) APPLICABLE ANNUAL PERCENTAGE 
RATE OF INTEREST.—Section 44(f)(1) of the Federal De-
posit 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 re-
served’’; and 
(2) in subparagraph (B)— 
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(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 subpara-
graph (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 fol-
lowing: 
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‘‘(ii) to facilitate interstate commerce 
through the issuance of bonds and obliga-
tions under any provision of State law, in-
cluding bonds and obligations for the pur-
pose of economic development, education, 
and improvements to infrastructure; and’’. 
(b) EFFECTIVE PERIOD.—The amendments made by 
this section shall apply with respect to contracts con-
summated during the period beginning on the date of enact-
ment of this Act and ending on December 31, 2010. 
DETAINEE PHOTOGRAPHIC RECORDS PROTECTION AND 
OPEN FREEDOM OF INFORMATION ACT 
SEC. 567. (a) DETAINEE PHOTOGRAPHIC RECORDS 
PROTECTION.—(1) SHORT TITLE.—This subsection may be 
cited as the ‘‘Detainee Photographic Records Protection Act 
of 2009’’. 
(2) DEFINITIONS.—In this subsection: 
(A) COVERED RECORD.—The term ‘‘covered 
record’’ means any record— 
(i) 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 in-
dividuals engaged, captured, or de-
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tained after September 11, 2001, by the 
Armed Forces of the United States in 
operations outside of the United States; 
and 
(ii) for which a certification by the 
Secretary of Defense under paragraph (3) is 
in effect. 
(B) PHOTOGRAPH.—The term ‘‘photograph’’ 
encompasses all photographic images, whether 
originals or copies, including still photographs, 
negatives, digital images, films, video tapes, and 
motion pictures. 
(3) CERTIFICATION.— 
(A) IN GENERAL.—For any photograph de-
scribed under paragraph (2)(A)(i), the Secretary 
of Defense shall issue a certification, if the Sec-
retary of Defense, in consultation with the 
Chairman of the Joint Chiefs of Staff, deter-
mines that the disclosure of that photograph 
would endanger— 
(i) citizens of the United States; or 
(ii) members of the Armed Forces or 
employees of the United States Government 
deployed outside the United States. 
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(B) CERTIFICATION EXPIRATION.—A certifi-
cation under subparagraph (A) and a renewal of 
a certification under subparagraph (C) shall ex-
pire 3 years after the date on which the certifi-
cation or renewal, as the case may be, is made. 
(C) CERTIFICATION
RENEWAL.—The Sec-
retary of Defense may issue— 
(i) a renewal of a certification in ac-
cordance with subparagraph (A) at any 
time; and 
(ii) more than 1 renewal of a certifi-
cation. 
(D) NOTICE TO CONGRESS.—A timely no-
tice of the Secretary’s certification shall be sub-
mitted to Congress. 
(4) NONDISCLOSURE OF DETAINEE RECORDS.—A 
covered record shall not be subject to— 
(A) disclosure under section 552 of title 5, 
United States Code (commonly referred to as the 
Freedom of Information Act); or 
(B) disclosure under any proceeding under 
that section. 
(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to preclude the voluntary 
disclosure of a covered record. 
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(6) EFFECTIVE DATE.—This subsection shall take 
effect on the date of enactment of this Act and apply 
to any photograph created before, on, or after that 
date that is a covered record. 
(b) OPEN FREEDOM OF INFORMATION ACT.— 
(1) SHORT TITLE.—This subsection may be cited 
as the ‘‘OPEN FOIA Act of 2009’’. 
(2) SPECIFIC CITATIONS IN STATUTORY EXEMP-
TIONS.—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 with-
holding 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. 568. (a) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, the Secretary 
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of Homeland Security shall, in consultation with the enti-
ties specified in subsection (c), submit to Congress a report 
on improving cross-border inspection processes in an effort 
to reduce the time to travel between locations in the United 
States and locations in Ontario and Quebec by intercity 
passenger rail. 
(b) CONTENTS.—The report required by subsection (a) 
shall include— 
(1) an evaluation of potential cross-border in-
spection processes and methods including rolling in-
spections that comply with Department of Homeland 
Security requirements that would reduce the time to 
perform inspections on routes between locations in the 
United States and locations in Ontario and Quebec 
by intercity passenger rail; 
(2) an assessment of the extent to which improv-
ing or expanding infrastructure and increasing staff-
ing could increase the efficiency with which intercity 
rail passengers are inspected at border crossings with-
out decreasing security; 
(3) an updated evaluation of the potential for 
pre-clearance by the Department of Homeland Secu-
rity of intercity rail passengers at locations along 
routes between locations in the United States and lo-
cations in Ontario and Quebec, including through the 
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joint use of inspection facilities with the Canada Bor-
der Services Agency, based on the report required by 
section 1523 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (Public Law 
110–53; 121 Stat. 450); 
(4) an estimate of the timeline for implementing 
the methods for reducing the time to perform inspec-
tions between locations in the United States and loca-
tions in Ontario and Quebec by intercity passenger 
rail based on the evaluations and assessments de-
scribed in paragraphs (1), (2), and (3); and 
(5) a description of how such evaluations and as-
sessments would apply with respect to— 
(A) all existing intercity passenger rail 
routes between locations in the United States 
and locations in Ontario and Quebec, including 
designated high-speed rail corridors; 
(B) any intercity passenger rail routes be-
tween such locations that have been used over the 
past 20 years and on which cross-border pas-
senger rail service does not exist as of the date 
of the enactment of this Act; and 
(C) any potential future rail routes between 
such locations. 
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(c) ENTITIES SPECIFIED.—The entities to be consulted 
in the development of the report required by subsection (a) 
are— 
(1) the Government of Canada, including the 
Canada Border Services Agency and Transport Can-
ada and other agencies of the Government of Canada 
with responsibility for providing border services; 
(2) the Provinces of Ontario and Quebec; 
(3) the States of Maine, Massachusetts, New 
Hampshire, New York, and Vermont; 
(4) the National Railroad Passenger Corpora-
tion; and 
(5) the Federal Railroad Administration. 
ADMINISTRATIVE LAW JUDGES 
SEC. 569. The administrative law judge annuitants 
participating in the Senior Administrative Law Judge Pro-
gram 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 divi-
sion A of the American Recovery and Reinvestment Act of 
2009 (Public Law 111–5; 123 Stat. 164). 
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PROPER DISPOSAL OF PERSONAL INFORMATION COLLECTED 
THROUGH THE REGISTERED TRAVELER PROGRAM 
SEC. 570. (a) IN GENERAL.—Any company that col-
lects or retains personal information directly from individ-
uals who participated in the Registered Traveler program 
shall safeguard and dispose of such information in accord-
ance 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 Ad-
ministration (referred to in this section as the ‘‘As-
sistant Secretary’’). 
(b) CERTIFICATION.—The Assistant Secretary shall re-
quire 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 
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(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 col-
lected through the Registered Traveler program; and 
(2) provides the status of the certification by any 
company described in subsection (a) that such proce-
dures are consistent with the minimum standards es-
tablished by paragraph (a)(1–3). 
IMMIGRATION PROVISIONS 
SEC. 571. (a) SPECIAL IMMIGRANT NONMINISTER RE-
LIGIOUS WORKER PROGRAM.— 
(1) EXTENSION.—Section 101(a)(27)(C)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 1101 
(a)(27)(C)(ii)), as amended by section 2(a) of the 
Special Immigrant Nonminister Religious Worker 
Program Act (Public Law 110–391), is amended by 
striking ‘‘September 30, 2009’’ each place such term 
appears and inserting ‘‘September 30, 2012’’. 
(2) STUDY AND PLAN.—Not later than the earlier 
of 90 days after the date of the enactment of this Act 
or March 30, 2010, the Director of United States Citi-
zenship and Immigration Services shall submit a re-
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port 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 Work-
er Program to identify the risks of fraud and 
noncompliance by program participants; and 
(B) a detailed plan that describes the ac-
tions to be taken by the Department of Home-
land Security against noncompliant program 
participants and future noncompliant program 
participants. 
(3) PROGRESS REPORT.—Not later than the ear-
lier of 90 days after the submission of the report 
under subsection (b) or June 30, 2010, the Director 
of United States Citizenship and Immigration Serv-
ices shall submit a report to the Committee on the Ju-
diciary of the Senate and the Committee on the Judi-
ciary of the House of Representatives that describes 
the progress made in reducing the number of non-
compliant participants of the Special Immigrant 
Nonminister Religious Worker Program. 
(b) CONRAD STATE 30 J–1 VISA WAIVER PROGRAM.— 
Section 220(c) of the Immigration and Nationality Tech-
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nical 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 strik-
ing ‘‘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 sta-
tus under section 201(b)(2)(A)(i) of the Immi-
gration 
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 de-
scribed 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 Immi-
gration and Nationality Act (8 U.S.C. 
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1154(a)(1)(A)(ii)) not later than the date 
that is 2 years after the date of the enact-
ment of this Act. 
(ii) ALIENS DESCRIBED.—An alien is 
described in this clause if— 
(I) the alien’s United States cit-
izen 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) HUMANITARIAN CONSIDERATION
FOR PENDING 
PETITIONS AND APPLICATIONS.— 
(1) AMENDMENT.—Section 204 of the Immigra-
tion and Nationality Act (8 U.S.C. 1154) is amended 
by adding at the end the following: 
‘‘(l) HUMANITARIAN CONSIDERATION
FOR PENDING 
PETITIONS AND APPLICATIONS.— 
‘‘(1) IN GENERAL.—An alien described in para-
graph (2) who was the beneficiary or derivative bene-
ficiary of a petition (as defined in section 204, 207, 
or 208) filed on behalf of the alien or principal bene-
ficiary before the death of the qualifying relative and 
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