† HR 2892 EAS 
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 
who continues to reside in the United States shall 
have such petition and any related or subsequent ap-
plications for adjustment of status to that of a person 
admitted for lawful permanent residence adjudicated 
as if the death had not occurred, unless the Secretary 
of 
Homeland 
Security 
determines, 
in 
the 
unreviewable discretion of the Secretary, that ap-
proval would not be in the public interest.
† HR 2892 EAS 
‘‘(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) an immediate relative (as described in 
section 201(b)(2)(A)(i)); 
‘‘(B) a family-sponsored immigrant (as de-
scribed in subsection (a) or (d) of section 203); 
‘‘(C) a derivative beneficiary of an employ-
ment-based immigrant under section 203(b) (as 
described in section 203(d)); 
‘‘(D) a spouse or child of a refugee (as de-
scribed in section 207(c)(2)); or 
‘‘(E) 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 peti-
tion 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. 
SEC. 572. (a) The amount appropriated under the 
heading ‘‘Firefighter Assistance Grants’’ under the heading
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‘‘Federal Emergency Management Agency’’ under by title 
III for necessary expenses for programs authorized by the 
Federal Fire Prevention and Control Act of 1974 is in-
creased by $10,000,000 for necessary expenses to carry out 
the programs authorized under section 33 of that Act (15 
U.S.C. 2229). 
(b) The total amount of appropriations under the 
heading ‘‘Aviation Security’’ under the heading ‘‘Transpor-
tation Security Administration’’ under title II, the amount 
for screening operations and the amount for explosives de-
tection systems under the first proviso under that heading 
and the amount for the purchase and installation of explo-
sives detection systems under the second proviso under that 
heading are reduced by $4,500,000. 
(c) From the unobligated balances of amounts appro-
priated before the date of enactment of this Act for the ap-
propriations account under the heading ‘‘State and Local 
Programs’’ under the heading ‘‘Federal Emergency Man-
agement Agency’’ for ‘‘Trucking Industry Security Grants’’, 
$5,500,000 are rescinded. 
SEC. 573. 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 import-
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ing a prescription drug from Canada that complies with 
the Federal Food, Drug, and Cosmetic Act: Provided, That 
the prescription drug may not be— 
PROPER AWARDING OF INCENTIVE FEES FOR CONTRACT 
PERFORMANCE 
SEC. 574. 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. 575. 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 un-
less 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 ref-
erenced statutes. 
CHECKING THE IMMIGRATION STATUS OF EMPLOYEES 
SEC. 576. Section 403(a)(3)(A) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996 
(Public Law 104–208; 8 U.S.C. 1324a note) is amended—
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(1) by striking ‘‘The person’’ and inserting the 
following: 
‘‘(i) UPON HIRING.—The person’’; and 
(2) by adding at the end the following: 
‘‘(ii) EXISTING EMPLOYEES.—An em-
ployer that elects to verify the employment 
eligibility of existing employees shall verify 
the employment eligibility of all such em-
ployees not later than 10 days after noti-
fying the Secretary of Homeland Security of 
such election.’’. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2010’’. 
Attest: 
Secretary.