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for obligation or expenditure through a reprogramming of 
funds that: (1) creates a new program, project, office, or 
activity; (2) eliminates a program, project, office, or activ-
ity; (3) increases funds for any program, project, or activ-
ity 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 Committees on Appropriations of 
the Senate or the House of Representatives 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 explanatory 
statement accompanying this Act, unless the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives are notified 15 days in advance of such re-
programming of funds. 
(b) 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 or 
proceeds available to the agencies funded by this Act, shall 
be available for obligation or expenditure for programs, 
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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 activi-
ties; (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 Depart-
ment of Homeland Security by this Act or provided by 
previous appropriations Acts may be 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 re-
programming of funds under subsection (b) and shall not 
be available for obligation unless the Committees on Ap-
propriations of the Senate and the House of Representa-
tives are notified 15 days in advance of such transfer. 
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(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. 
(e) Within 90 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the Committees on Appropriations of the Senate 
and the House of Representatives a report listing all dollar 
amounts specified in this Act and accompanying explana-
tory statement that are identified in the detailed funding 
table at the end of the explanatory statement accom-
panying this Act or any other amounts specified in this 
Act or accompanying explanatory statement: Provided, 
That such dollar amounts specified in this Act and accom-
panying explanatory statement shall be subject to the con-
ditions and requirements of subsections (a), (b), and (c) 
of this section. 
SEC. 504. The Department of Homeland Security 
Working Capital 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 ap-
propriated or otherwise made available to the Department 
of Homeland Security may be used to make payments to 
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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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the House of Representatives for approval in accordance 
with section 503 of this Act. 
SEC. 506. Funds made available by this Act for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2010 until the enactment of an Act authorizing intel-
ligence 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 transactional agreement, 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 no-
tifies 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 Secu-
rity determines that compliance with this section would 
pose a substantial risk to human life, health, or safety, 
an award may be made without notification and the Com-
mittees 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: 
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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 Commit-
tees on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of an-
nouncing publicly the intention of making an award under 
the State and Local Programs. 
SEC. 508. Notwithstanding any other provision of 
law, no agency shall purchase, construct, or lease any ad-
ditional 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 
Enforcement Training Center is authorized to obtain the 
temporary use of additional facilities by lease, contract, 
or other agreement for training which cannot be accommo-
dated in existing Center facilities. 
SEC. 509. None of the funds appropriated or other-
wise made available by this Act may be used for expenses 
for any construction, repair, alteration, or acquisition 
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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 development 
of a proposed prospectus. 
SEC. 510. Sections 519, 520, 522, 528, 530, and 531 
of the Department of Homeland Security Appropriations 
Act, 2008 (division 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 provi-
sions of the Buy American Act (41 U.S.C. 10a et seq.). 
SEC. 512. None of the funds appropriated by this Act 
may be used to process or approve a competition under 
Office of Management and Budget Circular A–76 for serv-
ices provided as of June 1, 2004, by employees (including 
employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the De-
partment of Homeland Security who are known as of that 
date as immigration information officers, contact rep-
resentatives, or investigative assistants. 
SEC. 513. (a) The Secretary of Homeland Security 
shall research, develop, and procure new technologies to 
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inspect and screen air cargo carried on passenger aircraft 
by the earliest date possible. 
(b) Checked baggage explosive detection equipment 
and screeners that exist as of the date of the enactment 
of this Act shall be used to screen air cargo carried on 
passenger aircraft to the greatest extent practicable at 
each airport until technologies developed under subsection 
(a) are available for such purpose. 
(c) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with 
air carriers 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 in-
crementally each quarter. 
(d) Not later than 45 days after the end of each quar-
ter, the Assistant Secretary shall submit to the Commit-
tees on Appropriations 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 requirements of section 
44901(g)(2) of title 49, United States Code. 
(e) Not later than 180 days after the date of the en-
actment of this Act, the Assistant Secretary of Homeland 
Security (Transportation Security Administration) shall 
submit to the Committees on Appropriations of the Senate 
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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 air-
craft 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 commensu-
rate with the level of security for the screening of pas-
senger checked baggage. 
SEC. 514. Except as provided in section 44945 of title 
49, United States Code, funds appropriated or transferred 
to the Transportation Security Administration ‘‘Aviation 
Security’’, ‘‘Administration’’ and ‘‘Transportation Secu-
rity Support’’ accounts for fiscal years 2004, 2005, 2006, 
and 2007 that are recovered or deobligated shall be avail-
able only for the procurement or installation of explosives 
detection systems for 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 Represent-
atives on any funds that are recovered or deobligated. 
SEC. 515. Any funds appropriated to the Coast 
Guard ‘‘Acquisition, Construction, and Improvements’’ ac-
count for fiscal years 2002, 2003, 2004, 2005, and 2006 
for the 110–123 foot patrol boat conversion that are recov-
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ered, collected, or otherwise received as the result of nego-
tiation, mediation, or litigation, shall be available until ex-
pended for the Fast Response Cutter program. 
SEC. 516. 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 Ap-
propriations of the Senate and the House of Representa-
tives 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 con-
tract employees for each office of the Department. 
SEC. 517. Section 532(a) of Public Law 109–295 
(120 Stat. 1384) is amended by striking ‘‘2009’’ and in-
serting ‘‘2010’’. 
SEC. 518. The functions of the Federal Law Enforce-
ment Training Center instructor staff shall be classified 
as inherently governmental for the purpose of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 
note). 
SEC. 519. (a) None of the funds provided by this or 
any other Act may be obligated for the development, test-
ing, 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 
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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 col-
laborate with employee representatives in the manner pre-
scribed 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 devel-
oped, 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. 520. For fiscal year 2010, none of the funds 
made available in this or any other Act may be used to 
enforce section 4025(1) of Public Law 108–458 unless the 
Assistant Secretary of Homeland Security (Transpor-
tation Security Administration) reverses the determination 
of July 19, 2007, that butane lighters are not a significant 
threat to civil aviation security. 
SEC. 521. Funds made available in this Act may be 
used to alter operations within the Civil Engineering Pro-
gram of the Coast Guard nationwide, including civil engi-
neering units, facilities design and construction centers, 
maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided 
in this Act may be used to reduce operations within any 
Civil Engineering Unit unless specifically authorized by a 
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statute enacted after the date of the enactment of this 
Act. 
SEC. 522. (a) Except as provided in subsection (b), 
none of the funds appropriated in this or any other Act 
to the Office of the Secretary and Executive Management, 
the Office of the Under Secretary for Management, or the 
Office of the Chief Financial Officer, may be obligated for 
a grant or contract funded under such headings by any 
means other than full and open competition. 
(b) Subsection (a) does not apply to obligation of 
funds for a contract awarded— 
(1) by a means that is required by a Federal 
statute, including obligation for a purchase made 
under a mandated preferential program, including 
the AbilityOne Program, that is authorized under 
the Javits-Wagner-O’Day Act (41 U.S.C. 46 et 
seq.); 
(2) pursuant to the Small Business Act (15 
U.S.C. 631 et seq.); 
(3) in an amount less than the simplified acqui-
sition threshold described under section 302A(a) of 
the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 252a(a)); or 
(4) by another Federal agency using funds pro-
vided through an interagency agreement. 
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(c)(1) Subject to paragraph (2), the Secretary of 
Homeland Security may waive the application of this sec-
tion for the award of a contract in the interest of national 
security or if failure to do so would pose a substantial risk 
to human health or welfare. 
(2) Not later than 5 days after the date on which 
the Secretary of Homeland Security issues a waiver under 
this subsection, the Secretary shall submit notification of 
that waiver to the Committees on Appropriations of the 
Senate and the House of Representatives, including a de-
scription of the applicable contract and an explanation of 
why the waiver authority was used. The Secretary may 
not delegate the authority to grant such a waiver. 
(d) In addition to the requirements established by 
subsections (a), (b), and (c) of this section, the Inspector 
General of the Department of Homeland Security shall re-
view departmental contracts awarded through means other 
than a full and open competition to assess departmental 
compliance with applicable laws and regulations: Provided, 
That the Inspector General shall review selected contracts 
awarded in the previous fiscal year through other than full 
and open competition: Provided further, That in selecting 
which contracts to review, the Inspector General shall con-
sider the cost and complexity of the goods and services 
to be provided under the contract, the criticality of the 
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contract to fulfilling Department missions, past perform-
ance problems on similar contracts or by the selected ven-
dor, complaints received about the award process or con-
tractor performance, and such other factors as the Inspec-
tor General deems relevant: Provided further, That the In-
spector General shall report the results of the reviews to 
the Committees on Appropriations of the Senate and the 
House of Representatives. 
SEC. 523. None of the funds provided by this or pre-
vious appropriations Acts shall be used to fund any posi-
tion designated as a Principal Federal Official for any 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.) declared disasters or 
emergencies. 
SEC. 524. None of the funds made available in this 
Act may be used by United States Citizenship and Immi-
gration Services to grant an immigration benefit unless 
the results of background checks required by law to be 
completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration 
Services, and the results do not preclude the granting of 
the benefit. 
SEC. 525. None of the funds made available in this 
Act may be used to destroy or put out to pasture any horse 
or other equine belonging to the Federal Government that 
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has become unfit for service, unless the trainer or handler 
is first given the option to take possession of the equine 
through an adoption program that has safeguards against 
slaughter and inhumane treatment. 
SEC. 526. None of the funds provided in this Act 
shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452). 
SEC. 527. None of the funds appropriated by this Act 
may be used to conduct, or to implement the results of, 
a competition under Office of Management and Budget 
Circular A–76 for activities performed with respect to the 
Coast Guard National Vessel Documentation Center. 
SEC. 528. The Secretary of Homeland Security shall 
require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to success-
ful acquisition outcomes (which outcomes shall be speci-
fied in terms of cost, schedule, and performance). 
SEC. 529. None of the funds made available to the 
Office of the Secretary and Executive Management under 
this Act may be expended for any new hires by the Depart-
ment of Homeland Security that are not verified through 
the basic pilot program under section 401 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note). 
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SEC. 530. 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 (21 U.S.C. 
381(g)) from importing a prescription drug from Canada 
that complies with the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.): Provided, That this section 
shall apply only to individuals transporting on their person 
a personal-use quantity of the prescription drug, not to 
exceed a 90-day supply: Provided further, That the pre-
scription drug may not be— 
(1) a controlled substance, as defined in section 
102 of the Controlled Substances Act (21 U.S.C. 
802); or 
(2) a biological product, as defined in section 
351 of the Public Health Service Act (42 U.S.C. 
262). 
SEC. 531. None of the funds made available in this 
Act may be used by the Secretary of Homeland Security 
or any delegate of the Secretary to issue any rule or regu-
lation which implements the Notice of Proposed Rule-
making related to Petitions for Aliens To Perform Tem-
porary Nonagricultural Services or Labor (H–2B) set out 
beginning on 70 Fed. Reg. 3984 (January 27, 2005). 
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(b) The Administrator may redact from a report 
under subsection (a) any data that the Administrator de-
termines would compromise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Federal Emergency Management 
Agency; and 
(2) the term ‘‘major disaster’’ has the meaning 
given that term in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122). 
SEC. 535. Notwithstanding any other provision of 
law, in the fiscal year 2010 or a subsequent fiscal year, 
if the Secretary of Homeland Security determine that the 
National Bio– and Agro–defense Facility should be located 
at a site other than Plum Island, New York, the Secretary 
shall liquidate the Plum Island asset by directing the Ad-
ministrator of General Services to sell, through public sale, 
all real and related personal property and transportation 
assets that support Plum Island operations, subject to 
such terms and conditions as the Secretary determines are 
necessary to protect government interests and meet pro-
gram requirements: Provided, That the proceeds of such 
sale shall be deposited as offsetting collections into the De-
partment of Homeland Security Science and Technology 
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‘‘Research, Development, Acquisition, and Operations’’ ac-
count and, subject to appropriation, shall be available until 
expended, for site acquisition, construction, and costs re-
lated to the construction of the National Bio– and Agro– 
defense Facility, including the costs associated with the 
sale, including due diligence requirements, necessary envi-
ronmental remediation at Plum Island, and reimburse-
ment of expenses incurred by the General Services Admin-
istration: Provided further, That after the completion of 
construction and environmental remediation, the unex-
pended balances of funds appropriated for costs referred 
to in the preceding proviso shall be available for transfer 
to the appropriate account for design and construction of 
a consolidated Department of Homeland Security Head-
quarters project, excluding daily operations and mainte-
nance costs, notwithstanding section 503 of this Act, and 
the Committees on Appropriations of the Senate and the 
House of Representatives shall be notified 15 days prior 
to such transfer. 
SEC. 536. Any official who is required by this Act 
to report or certify to the Committees on Appropriations 
of the Senate and the House of Representatives may not 
delegate such authority to perform that act unless specifi-
cally authorized herein. 
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SEC. 537. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall no-
tify the Committees on Appropriations of the Senate and 
the House of Representatives of any proposed transfers 
of funds available under subsection (g)(4)(B) of title 31, 
Unites States Code (as added by Public Law 102–393) 
from the Department of the Treasury Forfeiture Fund to 
any agency within the Department of Homeland Security: 
Provided, That none of the funds identified for such a 
transfer may be obligated until the Committees on Appro-
priations of the Senate and the House of Representatives 
approve the proposed transfers. 
SEC. 538. If the Assistant Secretary of Homeland Se-
curity (Transportation Security Administration) deter-
mines that an airport does not need to participate in the 
basic pilot program under section 402 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note), the Assistant Secretary shall cer-
tify to the Committees on Appropriations of the Senate 
and the House of Representatives that no security risks 
will result from such non-participation. 
SEC. 539. From the unobligated balances of prior 
year appropriations made available for ‘‘Analysis and Op-
erations’’, $2,203,000 is rescinded. 
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SEC. 540. The explanatory statement referenced in 
section
of
Public
Law
110–161
for
‘‘National 
Predisaster Mitigation Fund’’ under Federal Emergency 
Management Agency is deemed to be amended— 
(1) by striking ‘‘Dalton Fire District’’ and all 
that follows through ‘‘750,000’’ and inserting the 
following: 
‘‘Franklin Regional Council of Governments, MA .........................
250,000
Town of Lanesborough, MA ...........................................................
175,000
University of Massachusetts, MA ...................................................
175,000’’; 
(2) by striking ‘‘Santee and’’; 
(3)
by
striking
‘‘3,000,000’’
and
inserting 
‘‘1,500,000’’; 
(4) by inserting after the item relating to Adju-
tant General’s Office of Emergency Preparedness 
the following: 
‘‘Town of Branchville, SC ..............................................................
1,500,000’’; 
and 
(5) by striking ‘‘Public Works Department of 
the City of Santa Cruz, CA’’ and inserting ‘‘Mon-
terey County Water Resources Agency, CA’’. 
SEC. 541. Section 203(m) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133(m)) is amended by striking ‘‘September 30, 2009’’ 
and inserting ‘‘September 30, 2010’’. 
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SEC. 542. From the unobligated balances of prior 
year appropriations made available for the ‘‘Infrastructure 
Protection
and
Information
Security’’
account, 
$5,963,000 is rescinded. 
SEC. 543. From unobligated amounts that are avail-
able to the Coast Guard for fiscal year 2008 or 2009 for 
acquisition, construction, and improvements for shoreside 
facilities and aids to navigation at Coast Guard Sector 
Buffalo, the Secretary of Homeland Security shall use 
such sums as may be necessary to make improvements to 
the land along the northern portion of Sector Buffalo to 
enhance public access to the Buffalo Lighthouse and the 
waterfront. 
SEC. 544. For fiscal year 2010 and hereinafter, the 
Secretary may provide to personnel appointed or assigned 
to serve abroad, allowances and benefits similar to those 
provided under chapter 9 of title I of the Foreign Service 
Act of 1990 (22 U.S.C. 4081 et seq.). 
SEC. 545. (a) EXTENSION OF PROGRAMS.—Section 
143 of Division A of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 
(Public Law 110–329; 122 Stat. 3580 et seq.), as amend-
ed by section 101 of division J of the Omnibus Appropria-
tions Act, 2009 (Public Law 111–8), is amended by strik-
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