H. R. 2892—7 
and local agencies in other law enforcement and emergency humani-
tarian efforts, $519,826,000, to remain available until expended: 
Provided, That no aircraft or other related equipment, with the 
exception of aircraft that are one of a kind and have been identified 
as excess to U.S. Customs and Border Protection requirements 
and aircraft that have been damaged beyond repair, shall be trans-
ferred to any other Federal agency, department, or office outside 
of the Department of Homeland Security during fiscal year 2010 
without the prior approval of the Committees on Appropriations 
of the Senate and the House of Representatives. 
CONSTRUCTION AND FACILITIES MANAGEMENT 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs, immigration, 
and border security, $319,570,000, to remain available until 
expended; of which $39,700,000 shall be for constructing and equip-
ping the Advanced Training Center; and of which not more than 
$3,500,000 shall be for acquisition, design, and construction of U.S. 
Customs and Border Protection Air and Marine facilities at El 
Paso International Airport, Texas: Provided, That for fiscal year 
2011 and thereafter, the annual budget submission of U.S. Customs 
and Border Protection for ‘‘Construction and Facilities Management’’ 
shall, in consultation with the General Services Administration, 
include a detailed 5-year plan for all Federal land border port 
of entry projects with a yearly update of total projected future 
funding needs delineated by land port of entry. 
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations; and pur-
chase and lease of up to 3,790 (2,350 for replacement only) police- 
type vehicles; $5,342,134,000, of which not to exceed $7,500,000 
shall be available until expended for conducting special operations 
under section 3131 of the Customs Enforcement Act of 1986 (19 
U.S.C. 2081); of which not to exceed $15,000 shall be for official 
reception and representation expenses; of which not to exceed 
$1,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security; of which not less than $305,000 shall be for 
promotion of public awareness of the child pornography tipline 
and anti-child exploitation activities; of which not less than 
$5,400,000 shall be used to facilitate agreements consistent with 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)); and of which not to exceed $11,216,000 shall be available 
to fund or reimburse other Federal agencies for the costs associated 
with the care, maintenance, and repatriation of smuggled aliens 
unlawfully present in the United States: Provided, That none of 
the funds made available under this heading shall be available 
to compensate any employee for overtime in an annual amount 
in excess of $35,000, except that the Secretary, or the designee 
of the Secretary, may waive that amount as necessary for national 
security purposes and in cases of immigration emergencies: Pro-
vided further, That of the total amount provided, $15,770,000 shall
H. R. 2892—8 
be for activities in fiscal year 2010 to enforce laws against forced 
child labor, of which not to exceed $6,000,000 shall remain available 
until expended: Provided further, That of the total amount available, 
not less than $1,500,000,000 shall be available to identify aliens 
convicted of a crime who may be deportable, and to remove them 
from the United States once they are judged deportable, of which 
$200,000,000 shall remain available until September 30, 2011: Pro-
vided further, That the Secretary, or the designee of the Secretary, 
shall report to the Committees on Appropriations of the Senate 
and the House of Representatives, not later than 45 days after 
the end of each quarter of the fiscal year, on progress in imple-
menting the preceding proviso and the funds obligated during that 
quarter to make that progress: Provided further, That the Secretary 
shall prioritize the identification and removal of aliens convicted 
of a crime by the severity of that crime: Provided further, That 
funding made available under this heading shall maintain a level 
of not less than 33,400 detention beds through September 30, 2010: 
Provided further, That of the total amount provided, not less than 
$2,545,180,000 is for detention and removal operations, including 
transportation of unaccompanied minor aliens: Provided further, 
That of the total amount provided, $7,300,000 shall remain avail-
able until September 30, 2011, for the Visa Security Program: 
Provided further, That none of the funds provided under this 
heading may be used to continue a delegation of law enforcement 
authority authorized under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 
Security Inspector General determines that the terms of the agree-
ment governing the delegation of authority have been violated: 
Provided further, That none of the funds provided under this 
heading may be used to continue any contract for the provision 
of detention services if the two most recent overall performance 
evaluations received by the contracted facility are less than ‘‘ade-
quate’’ or the equivalent median score in any subsequent perform-
ance evaluation system: Provided further, That nothing under this 
heading shall prevent U.S. Immigation and Customs Enforcement 
from exercising those authorities provided under immigration laws 
(as defined in section 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining 
to aliens convicted of a crime: Provided further, That none of the 
funds provided under this heading may be obligated to collocate 
field offices of U.S. Immigration and Customs Enforcement until 
the Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Representatives 
a plan for the nationwide implementation of the Alternatives to 
Detention Program that identifies: (1) the funds required for nation-
wide program implementation; (2) the timeframe for achieving 
nationwide program implementation; and (3) an estimate of the 
number of individuals who could be enrolled in a nationwide pro-
gram. 
AUTOMATION MODERNIZATION 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of immigration and customs enforcement auto-
mated systems, $90,000,000, to remain available until expended: 
Provided, That of the funds made available under this heading,
H. R. 2892—9 
$10,000,000 shall not be obligated until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
an expenditure plan prepared by the Secretary of Homeland Secu-
rity: Provided further, That of the total amount provided under 
this heading, up to $10,000,000 may be transferred to U.S. Immigra-
tion and Customs Enforcement ‘‘Salaries and Expenses’’ account 
for data center migration. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $4,818,000, to remain available until expended: Provided, That 
none of the funds made available in this Act may be used to 
solicit or consider any request to privatize facilities currently owned 
by the United States Government and used to detain aliens unlaw-
fully present in the United States until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
a plan for carrying out that privatization. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to providing civil aviation security services pursuant 
to the Aviation and Transportation Security Act (Public Law 107– 
71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,214,040,000, to remain 
available until September 30, 2011, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not 
to exceed $4,358,076,000 shall be for screening operations, of which 
$1,116,406,000 shall be available for explosives detection systems; 
and not to exceed $855,964,000 shall be for aviation security direc-
tion and enforcement: Provided further, That of the amount made 
available in the preceding proviso for explosives detection systems, 
$778,300,000 shall be available for the purchase and installation 
of these systems, of which not less than 28 percent shall be available 
for the purchase and installation of certified explosives detection 
systems at medium- and small-sized airports: Provided further, 
That any award to deploy explosives detection systems shall be 
based on risk, the airport’s current reliance on other screening 
solutions, lobby congestion resulting in increased security concerns, 
high injury rates, airport readiness, and increased cost effectiveness: 
Provided further, That of the total amount provided, $1,250,000 
shall be made available for Safe Skies Alliance to develop and 
enhance research and training capabilities for Transportation Secu-
rity Officer improvised explosive recognition training: Provided fur-
ther, That security service fees authorized under section 44940 
of title 49, United States Code, shall be credited to this appropria-
tion as offsetting collections and shall be available only for aviation 
security: Provided further, That the sum appropriated under this 
heading from the general fund shall be reduced on a dollar-for- 
dollar basis as such offsetting collections are received during fiscal 
year 2010, so as to result in a final fiscal year appropriation 
from the general fund estimated at not more than $3,114,040,000: 
Provided further, That any security service fees collected in excess
H. R. 2892—10 
of the amount made available under this heading shall become 
available during fiscal year 2011: Provided further, That Members 
of the United States House of Representatives and United States 
Senate, including the leadership; the heads of Federal agencies 
and commissions, including the Secretary, Deputy Secretary, Under 
Secretaries, and Assistant Secretaries of the Department of Home-
land Security; the United States Attorney General and Assistant 
Attorneys General and the United States attorneys; and senior 
members of the Executive Office of the President, including the 
Director of the Office of Management and Budget; shall not be 
exempt from Federal passenger and baggage screening. 
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to providing surface transportation security activi-
ties, $110,516,000, to remain available until September 30, 2011. 
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING 
For necessary expenses for the development and implementa-
tion of screening programs of the Office of Transportation Threat 
Assessment and Credentialing, $171,999,000, to remain available 
until September 30, 2011. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Security Adminis-
tration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security 
Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$1,001,780,000, to remain available until September 30, 2011: Pro-
vided, That of the funds appropriated under this heading, 
$20,000,000 may not be obligated for headquarters administration 
until the Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Representatives 
detailed expenditure plans for air cargo security, and for checkpoint 
support and explosives detection systems refurbishment, procure-
ment, and installations 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 maintenance of 
the Coast Guard, not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, 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 repairs and service-life replacements, not to exceed 
a total of $26,000,000; minor shore construction projects not