† HR 2892 EAS 
Security Act of 2002 (6 U.S.C. 591 et seq.) for management 
and 
administration 
of 
programs 
and 
activities, 
$37,500,000: Provided, That not to exceed $3,000 shall be 
for official reception and representation expenses. 
RESEARCH, DEVELOPMENT, AND OPERATIONS 
For necessary expenses for radiological and nuclear re-
search, development, testing, evaluation, and operations, 
$326,537,000, to remain available until September 30, 
2011. 
SYSTEMS ACQUISITION 
For expenses for the Domestic Nuclear Detection Office 
acquisition and deployment of radiological detection sys-
tems in accordance with the global nuclear detection archi-
tecture, $10,000,000, to remain available until September 
30, 2011: Provided, That none of the funds appropriated 
under this heading in this Act or any other Act shall be 
obligated 
for 
full-scale 
procurement 
of 
Advanced 
Spectroscopic Portal monitors until the Secretary of Home-
land Security submits to the Committees on Appropriations 
of the Senate and the House of Representatives a report cer-
tifying that a significant increase in operational effective-
ness will be achieved: Provided further, That the Secretary 
shall submit separate and distinct certifications prior to the 
procurement of Advanced Spectroscopic Portal monitors for 
primary and secondary deployment that address the unique
† HR 2892 EAS 
requirements for operational effectiveness of each type of de-
ployment: Provided further, That the Secretary shall con-
tinue to consult with the National Academy of Sciences be-
fore making such certifications: Provided further, That none 
of the funds appropriated under this heading shall be used 
for high-risk concurrent development and production of mu-
tually dependent software and hardware. 
TITLE V 
GENERAL PROVISIONS 
(INCLUDING RESCISSIONS OF FUNDS) 
SEC. 501. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 502. Subject to the requirements of section 503 
of this Act, the unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to 
appropriation accounts for such activities established pur-
suant to this Act, may be merged with funds in the applica-
ble established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally en-
acted. 
SEC. 503. (a) 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
† HR 2892 EAS 
year 2010, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees avail-
able to the agencies funded by this Act, shall be available 
for obligation or expenditure through a reprogramming of 
funds that: (1) creates a new program, project, or activity; 
(2) eliminates a program, project, office, or activity; (3) in-
creases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by ei-
ther 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 Secu-
rity, as modified by the explanatory statement accom-
panying this Act, unless the Committees on Appropriations 
of the Senate and the House of Representatives are notified 
15 days in advance of such reprogramming of funds. 
(b) None of the funds provided by this Act, provided 
by previous appropriations Acts to the agencies in or trans-
ferred 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
† HR 2892 EAS 
available to the agencies funded by this Act, shall be avail-
able for obligation or expenditure for programs, projects, 
or activities through a reprogramming of funds in excess 
of $5,000,000 or 10 percent, whichever is less, that: (1) aug-
ments existing programs, projects, or activities; (2) reduces 
by 10 percent funding for any existing program, project, 
or activity, or numbers of personnel by 10 percent as ap-
proved by the Congress; or (3) results from any general sav-
ings from a reduction in personnel that would result in a 
change in existing programs, projects, or activities as ap-
proved by the Congress, unless the Committees on Appro-
priations 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 Department of 
Homeland Security by this Act or provided by previous ap-
propriations Acts may be transferred between such appro-
priations, 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 reprogramming of 
funds under subsection (b) and shall not be available for 
obligation unless the Committees on Appropriations of the
† HR 2892 EAS 
Senate and the House of Representatives are notified 15 
days in advance of such transfer. 
(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. 
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 appropriated 
or otherwise made available to the Department of Home-
land Security may be used to make payments to the Work-
ing Capital Fund, except for the activities and amounts al-
lowed in the President’s fiscal year 2010 budget: Provided 
further, That funds provided to the Working Capital Fund 
shall be available for obligation until expended to carry out 
the purposes of the Working Capital Fund: Provided fur-
ther, That all departmental components shall be charged 
only for direct usage of each Working Capital Fund service: 
Provided further, That funds provided to the Working Cap-
ital Fund shall be used only for purposes consistent with 
the contributing component: Provided further, That such 
fund shall be paid in advance or reimbursed at rates which
† HR 2892 EAS 
will return the full cost of each service: Provided further, 
That the Working Capital Fund shall be subject to the re-
quirements of section 503 of this Act. 
SEC. 505. Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 2010 from ap-
propriations 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 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 National 
Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2010 until the enactment of an Act authorizing intelligence 
activities for fiscal year 2010. 
SEC. 507. None of the funds made available by this 
Act may be used to make a grant allocation, discretionary 
grant award, discretionary contract award, Other Trans-
action Agreement, or to issue a letter of intent totaling in 
excess of $1,000,000, or to announce publicly the intention
† HR 2892 EAS 
SEC. 508. Notwithstanding any other provision of law, 
no agency shall purchase, construct, or lease any additional 
facilities, except within or contiguous to existing locations, 
to be used for the purpose of conducting Federal law enforce-
ment training without the advance approval of the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives, 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 accommodated in existing 
Center facilities. 
SEC. 509. None of the funds appropriated or otherwise 
made available by this Act may be used for expenses for 
any construction, repair, alteration, or acquisition project 
for which a prospectus otherwise required under chapter 33 
of title 40, United States Code, has not been approved, ex-
cept that necessary funds may be expended for each project 
for required expenses for the development of a proposed pro-
spectus. 
SEC. 510. Sections 519, 520, 528, and 531 of the De-
partment of Homeland Security Appropriations Act, 2008 
(division E of Public Law 110–161; 121 Stat. 2073, 2074) 
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.
† HR 2892 EAS 
SEC. 511. None of the funds in this Act may be used 
in contravention of the applicable provisions of the Buy 
American Act (41 U.S.C. 10a et seq.). 
SEC. 512. None of the funds provided by this or pre-
vious appropriations Acts may be obligated for deployment 
or implementation of the Secure Flight program or any 
other follow-on or successor passenger screening program 
that: (1) utilizes or tests algorithms assigning risk to pas-
sengers whose names are not on Government watch lists; 
or (2) uses data or a database that is obtained from or re-
mains under the control of a non-Federal entity: Provided, 
That this restriction shall not apply to Passenger Name 
Record data obtained from air carriers. 
SEC. 513. None of the funds made available in this 
Act may be used to amend the oath of allegiance required 
by section 337 of the Immigration and Nationality Act (8 
U.S.C. 1448). 
SEC. 514. None of the funds appropriated by this Act 
may be used to process or approve a competition under Of-
fice of Management and Budget Circular A–76 for services 
provided as of June 1, 2004, by employees (including em-
ployees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Depart-
ment of Homeland Security who are known as of that date
† HR 2892 EAS 
as Immigration Information Officers, Contact Representa-
tives, or Investigative Assistants. 
SEC. 515. (a) 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, in-
creases incrementally each quarter until the requirement of 
section 44901(g)(2)(B) of title 49 are met. 
(b) Not later than 45 days after the end of each quar-
ter, the Assistant Secretary shall submit to the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives a report on air cargo inspection statistics by 
airport and air carrier detailing the incremental progress 
being 
made 
to 
meet 
the 
requirement 
of 
section 
44901(g)(2)(B) of title 49, United States Code. 
SEC. 516. Except as provided in section 44945 of title 
49, United States Code, funds appropriated or transferred 
to Transportation Security Administration ‘‘Aviation Se-
curity’’, ‘‘Administration’’ and ‘‘Transportation Security 
Support’’ for fiscal years 2004, 2005, 2006, 2007, and 2008 
that are recovered or deobligated shall be available only for 
the procurement or installation of explosives detection sys-
tems, for air cargo, baggage, and checkpoint screening sys-
tems, subject to notification: Provided, That quarterly re-
† HR 2892 EAS 
ports shall be submitted to the Committees on Appropria-
tions of the Senate and the House of Representatives on any 
funds that are recovered or deobligated. 
SEC. 517. Any funds appropriated to United States 
Coast Guard, ‘‘Acquisition, Construction, and Improve-
ments’’ for fiscal years 2002, 2003, 2004, 2005, and 2006 
for the 110–123 foot patrol boat conversion that are recov-
ered, collected, or otherwise received as the result of negotia-
tion, mediation, or litigation, shall be available until ex-
pended for the Replacement Patrol Boat (FRC–B) program. 
SEC. 518. (a)(1) Except as provided in paragraph (2), 
none of the funds provided in this or any other Act shall 
be available to commence or continue operations of the Na-
tional Applications Office until— 
(A) the Secretary certifies that: (i) National Ap-
plications Office programs comply with all existing 
laws, including all applicable privacy and civil lib-
erties standards; and, (ii) that clear definitions of all 
proposed domains are established and are auditable; 
(B) the Comptroller General of the United States 
notifies the Committees on Appropriations of the Sen-
ate and the House of Representatives and the Sec-
retary that the Comptroller has reviewed such certifi-
cation; and
† HR 2892 EAS 
(C) the Secretary notifies the Committees of all 
funds to be expended on the National Applications 
Office pursuant to section 503 of this Act. 
(2) Paragraph (1) shall not apply with respect to any 
use of funds for activities substantially similar to such ac-
tivities conducted by the Department of the Interior as set 
forth in the 1975 charter for the Civil Applications Com-
mittee under the provisions of law codified at section 31 
of title 43, United States Code. 
(b) The Inspector General shall provide to the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives a classified report on a quarterly basis con-
taining a review of the data collected by the National Appli-
cations Office, including a description of the collection pur-
poses and the legal authority under which the collection ac-
tivities were authorized: Provided, That the report shall also 
include a listing of all data collection activities carried out 
on behalf of the National Applications Office by any compo-
nent of the National Guard. 
(c) None of the funds provided in this or any other 
Act shall be available to commence operations of the Na-
tional Immigration Information Sharing Operation until 
the Secretary certifies that such program complies with all 
existing laws, including all applicable privacy and civil lib-
erties standards, the Comptroller General of the United
† HR 2892 EAS 
States notifies the Committees on Appropriations of the 
Senate and the House of Representatives and the Secretary 
that the Comptroller has reviewed such certification, and 
the Secretary notifies the Committees on Appropriations of 
the Senate and the House of Representatives of all funds 
to be expended on the National Immigration Information 
Sharing Operation pursuant to section 503. 
SEC. 519. Within 45 days after the close of each month, 
the Chief Financial Officer of the Department of Homeland 
Security shall submit to the Committees on Appropriations 
of the Senate and the House of Representatives a monthly 
budget and staffing report that includes total obligations, 
on-board versus funded full-time equivalent staffing levels, 
and the number of contract employees by office. 
SEC. 520. Section 532(a) of Public Law 109–295 (120 
Stat. 1384) is amended by striking ‘‘2009’’ and inserting 
‘‘2010’’. 
SEC. 521. The functions of the Federal Law Enforce-
ment Training Center instructor staff shall be classified as 
inherently governmental for the purpose of the Federal Ac-
tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note). 
SEC. 522. (a) None of the funds provided by this or 
any other Act may be obligated for the development, testing, 
deployment, or operation of any portion of a human re-
sources management system authorized by 5 U.S.C.
† HR 2892 EAS 
9701(a), or by regulations prescribed pursuant to such sec-
tion, for an employee as defined in 5 U.S.C. 7103(a)(2). 
(b) The Secretary of Homeland Security shall collabo-
rate with employee representatives in the manner prescribed 
in 5 U.S.C. 9701(e), in the planning, testing, and develop-
ment of any portion of a human resources management sys-
tem that is developed, tested, or deployed for persons ex-
cluded from the definition of employee as that term is de-
fined in 5 U.S.C. 7103(a)(2). 
SEC. 523. 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 (Transportation Security Administra-
tion) reverses the determination of July 19, 2007, that bu-
tane lighters are not a significant threat to civil aviation 
security. 
SEC. 524. 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 En-
gineering Unit unless specifically authorized by a statute 
enacted after the date of the enactment of this Act.
† HR 2892 EAS 
SEC. 525. (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 a 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, such as the 
AbilityOne Program, that is authorized under the 
Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.); 
(2) under 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. 
(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
† HR 2892 EAS 
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 description 
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 this 
section, the Inspector General for the Department of Home-
land Security shall review departmental contracts awarded 
through other than full and open competition to assess de-
partmental compliance with applicable laws and regula-
tions: Provided, That the Inspector General shall review se-
lected contracts awarded in the previous fiscal year through 
other than full and open competition: Provided further, 
That in determining which contracts to review, the Inspec-
tor General shall consider the cost and complexity of the 
goods and services to be provided under the contract, the 
criticality of the contract to fulfilling Department missions, 
past performance problems on similar contracts or by the 
selected vendor, complaints received about the award process 
or contractor performance, and such other factors as the In-
† HR 2892 EAS 
spector General deems relevant: Provided further, That the 
Inspector General shall report the results of the reviews to 
the Committees on Appropriations of the Senate and the 
House of Representatives no later than February 5, 2010. 
SEC. 526. 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. 527. 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 
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. 528. None of the funds provided in this Act shall 
be available to carry out section 872 of Public Law 107– 
296. 
SEC. 529. None of the funds provided in this Act under 
the heading ‘‘Office of the Chief Information Officer’’ shall 
be used for data center development other than for Data 
Center One (National Center for Critical Information Proc-
† HR 2892 EAS 
essing and Storage) until the Chief Information Officer cer-
tifies that Data Center One (National Center for Critical 
Information Processing and Storage) is fully utilized as the 
Department’s primary data storage center at the highest ca-
pacity throughout the fiscal year. 
SEC. 530. None of the funds in this Act shall be used 
to reduce the United States Coast Guard’s Operations Sys-
tems Center mission or its government-employed or contract 
staff levels. 
SEC. 531. 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 Cir-
cular A–76 for activities performed with respect to the Coast 
Guard National Vessel Documentation Center. 
SEC. 532. The Secretary of Homeland Security shall 
require that all contracts of the Department of Homeland 
Security that provide award fees link such fees to successful 
acquisition outcomes (which outcomes shall be specified in 
terms of cost, schedule, and performance). 
SEC. 533. None of the funds made available to the Of-
fice of the Secretary and Executive Management under this 
Act may be expended for any new hires by the Department 
of Homeland Security that are not verified through the 
basic pilot program under section 401 of the Illegal Immi-
† HR 2892 EAS 
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note). 
SEC. 534. 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-
ing a prescription drug from Canada that complies with 
the Federal Food, Drug, and Cosmetic Act: 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 prescription 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. 535. 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 regula-
tion which implements the Notice of Proposed Rulemaking 
related to Petitions for Aliens To Perform Temporary Non-
agricultural Services or Labor (H–2B) set out beginning 
on 70 Fed. Reg. 3984 (January 27, 2005).
† HR 2892 EAS 
SEC. 536. Section 537 of the Department of Homeland 
Security Appropriations Act, 2009 (division D of Public 
Law 110–329; 122 Stat. 3682) 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. 537. None of the funds made available in this 
Act may be used for planning, testing, piloting, or devel-
oping a national identification card. 
SEC. 538. (a) Notwithstanding any other provision of 
this Act, except as provided in subsection (b), and 30 days 
after the date that the President determines whether to de-
clare a major disaster because of an event and any appeal 
is completed, the Administrator shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of 
the Senate, the Committee on Homeland Security of the 
House of Representatives, the Committee on Transportation 
and Infrastructure of the House of Representatives, the 
Committees on Appropriations of the Senate and the House 
of Representatives, and publish on the website of the Federal 
Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment infor-
mation used to determine whether to declare a major dis-
aster.
† HR 2892 EAS 
(b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines 
would compromise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Federal Emergency Management Agen-
cy; and 
(2) the term ‘‘major disaster’’ has the meaning 
given that term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122). 
SEC. 539. Notwithstanding any other provision of law, 
should the Secretary of Homeland Security determine that 
the National Bio and Agro-defense Facility be located at 
a site other than Plum Island, New York, the Secretary 
shall have the Administrator of General Services sell 
through public sale all real and related personal property 
and transportation assets which support Plum Island oper-
ations, subject to such terms and conditions as necessary 
to protect government interests and meet program require-
ments: Provided, That the gross proceeds of such sale shall 
be deposited as offsetting collections into the Department 
of Homeland Security Science and Technology ‘‘Research, 
Development, Acquisition, and Operations’’ account and, 
subject to appropriation, shall be available until expended,
† HR 2892 EAS 
for site acquisition, construction, and costs related to the 
construction of the National Bio and Agro-defense Facility, 
including the costs associated with the sale, including due 
diligence requirements, necessary environmental remedi-
ation at Plum Island, and reimbursement of expenses in-
curred by the General Services Administration which shall 
not exceed 1 percent of the sale price or $5,000,000, which-
ever is greater: Provided further, That after the completion 
of construction and environmental remediation, the unex-
pended balances of funds appropriated for costs in the pre-
ceding proviso shall be available for transfer to the appro-
priate account for design and construction of a consolidated 
Department of Homeland Security Headquarters project, 
excluding daily operations and maintenance costs, notwith-
standing section 503 of this Act, and the Committees on 
Appropriations of the Senate and the House of Representa-
tives shall be notified 15 days prior to such transfer. 
SEC. 540. Any official that is required by this Act to 
report or certify to the Committees on Appropriations of 
the Senate and the House of Representatives may not dele-
gate such authority to perform that act unless specifically 
authorized herein. 
SEC. 541. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall notify 
the Committees on Appropriations of the Senate and the
† HR 2892 EAS 
House of Representatives of any proposed transfers of funds 
available under 31 U.S.C. 9703.2(g)(4)(B) from the Depart-
ment of the Treasury Forfeiture Fund to any agency within 
the Department of Homeland Security. 
SEC. 542. (a) Not later than 3 months from the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity shall consult with the Secretaries of Defense and Trans-
portation and develop a concept of operations for un-
manned aerial systems in the United States national air-
space system for the purposes of border and maritime secu-
rity operations. 
(b) The Secretary of Homeland Security shall report 
to the Committees on Appropriations of the Senate and the 
House of Representatives not later than 30 days after the 
date of enactment of this Act on any foreseeable challenges 
to complying with subsection (a). 
SEC. 543. 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, the Assistant Secretary shall certify 
to the Committees on Appropriations of the Senate and the 
House of Representatives that no security risks will result 
by such non-participation. 
SEC. 544. For fiscal year 2010 and thereafter, the Sec-
retary may provide to personnel appointed or assigned to
† HR 2892 EAS 
serve abroad, allowances and benefits similar to those pro-
vided under chapter 9 of title I of the Foreign Service Act 
of 1990 (22 U.S.C. 4081 et seq.). 
SEC. 545. Section 144 of the Continuing Appropria-
tions Resolution, 2009 (division A of Public Law 110–329; 
122 Stat. 3581), as amended by section 101 of division J 
of the Omnibus Appropriations Act, 2009 (Public Law 111– 
8; 123 Stat. 988), is further amended by striking ‘‘Sep-
tember 30, 2009’’ and inserting ‘‘September 30, 2012’’. 
SEC. 546. Section 401(b) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (divi-
sion C of Public Law 104–208; 8 U.S.C. 1324a note) is 
amended by striking ‘‘Unless’’ and all that follows. 
SEC. 547. The head of each agency or department of 
the United States that enters into a contract shall require, 
as a condition of the contract, that the contractor partici-
pate in the pilot program described in 404 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–209; 8 U.S.C. 1324a 
note) to verify the employment eligibility of— 
(1) all individuals hired during the term of the 
contract by the contractor to perform employment du-
ties within the United States; and
† HR 2892 EAS 
SEC. 550. Notwithstanding any other provision of law, 
should the Secretary of Homeland Security determine that 
specific U.S. Immigration and Customs Enforcement Serv-
ice Processing Centers, or other U.S. Immigration and Cus-
toms Enforcement owned detention facilities, no longer meet 
the mission need, the Secretary is authorized to dispose of 
individual Service Processing Centers, or other U.S. Immi-
gration and Customs Enforcement owned detention facili-
ties, by directing the Administrator of General Services to 
sell all real and related personal property which support 
Service Processing Centers, or other U.S. Immigration and 
Customs Enforcement owned detention facilities, oper-
ations, subject to such terms and conditions as necessary 
to protect government interests and meet program require-
ments: Provided, That the proceeds, net of the costs of sale 
incurred by the General Services Administration and U.S. 
Immigration and Customs Enforcement shall be deposited 
as offsetting collections into a separate account that shall 
be available, subject to appropriation, until expended for 
other real property capital asset needs of existing U.S. Im-
migration and Customs Enforcement assets, excluding daily 
operations and maintenance costs, as the Secretary deems 
appropriate. 
SEC. 551. Section 550 of Public Law 109–295 is 
amended in subsection (b) by deleting from the last proviso
† HR 2892 EAS 
‘‘three years after the date of enactment of this Act’’ and 
inserting in lieu thereof ‘‘October 4, 2010’’. 
SEC. 552. For fiscal year 2010 and thereafter, the Sec-
retary of Homeland Security may collect fees from any non- 
Federal participant in a conference, seminar, exhibition, 
symposium, or similar meeting conducted by the Depart-
ment of Homeland Security in advance of the conference, 
either directly or by contract, and those fees shall be credited 
to the appropriation or account from which the costs of the 
conference, seminar, exhibition, symposium, or similar 
meeting are paid and shall be available to pay the costs 
of the Department of Homeland Security with respect to 
the conference or to reimburse the Department for costs in-
curred with respect to the conference: Provided, That in the 
event the total amount of fees collected with respect to a 
conference exceeds the actual costs of the Department of 
Homeland Security with respect to the conference, the 
amount of such excess shall be deposited into the Treasury 
as miscellaneous receipts: Provided further, That the Sec-
retary shall provide a report to the Committees on Appro-
priations of the Senate and the House of Representatives 
not later than January 5, 2011, providing the level of collec-
tions and a summary by agency of the purposes and levels 
of expenditures for the prior fiscal year, and shall report 
annually thereafter.
† HR 2892 EAS 
SEC. 553. For purposes of section 210C of the Home-
land Security Act of 2002 (6 U.S.C. 124j) a rural area shall 
also include any area that is located in a metropolitan sta-
tistical area and a county, borough, parish, or area under 
the jurisdiction of an Indian tribe with a population of not 
more than 50,000. 
SEC. 554. From the unobligated balances of prior year 
appropriations made available for ‘‘Analysis and Oper-
ations’’, $5,000,000 are rescinded. 
SEC. 555. From the unobligated balances of prior year 
appropriations made available for U.S. Immigration and 
Customs Enforcement ‘‘Construction’’, $7,000,000 are re-
scinded. 
SEC. 556. From the unobligated balances of prior year 
appropriations made available for National Protection and 
Programs Directorate ‘‘Infrastructure Protection and Infor-
mation Security’’, $8,000,000 are rescinded. 
SEC. 557. From the unobligated balances of prior year 
appropriations made available for Science and Technology 
‘‘Research, Development, Acquisition, and Operations’’, 
$7,500,000 are rescinded. 
SEC. 558. From the unobligated balances of prior year 
appropriations made available for Domestic Nuclear Detec-
tion Office ‘‘Research, Development, and Operations’’, 
$8,000,000 are rescinded.
† HR 2892 EAS 
SEC. 559. (a) Subject to subsection (b), none of the 
funds appropriated or otherwise made available by this Act 
may be available to operate the Loran-C signal after Janu-
ary 4, 2010. 
(b) The limitation in subsection (a) shall take effect 
only if the Commandant of the Coast Guard certifies that— 
(1) the termination of the operation of the 
Loran-C signal as of the date specified in subsection 
(a) will not adversely impact the safety of maritime 
navigation; and 
(2) the Loran-C system infrastructure is not 
needed as a backup to the Global Positioning System 
or any other Federal navigation requirement. 
(c) If the Commandant makes the certification de-
scribed in subsection (b), the Coast Guard shall, com-
mencing January 4, 2010, terminate the operation of the 
Loran-C signal and commence a phased decommissioning 
of the Loran-C system infrastructure. 
(d) Not later than 30 days after such certification pur-
suant to subsection (b), the Commandant shall submit to 
the Committees on Appropriations of the Senate and House 
of Representatives a report setting forth a proposed schedule 
for the phased decommissioning of the Loran-C system in-
frastructure in the event of the decommissioning of such in-
frastructure in accordance to subsection (c).
† HR 2892 EAS 
(e) If the Commandant makes the certification de-
scribed in subsection (b), the Secretary of Homeland Secu-
rity, acting through the Commandant of the Coast Guard, 
may, notwithstanding any other provision of law, sell any 
real and personal property under the administrative control 
of the Coast Guard and used for the Loran system, by di-
recting the Administrator of General Services to sell such 
real and personal property, subject to such terms and condi-
tions that the Secretary believes to be necessary to protect 
government interests and program requirements of the 
Coast Guard: Provided, That the proceeds, less the costs of 
sale incurred by the General Services Administration, shall 
be deposited as offsetting collections into the Coast Guard 
‘‘Environmental Compliance and Restoration’’ account 
and, subject to appropriation, shall be available until ex-
pended for environmental compliance and restoration pur-
poses associated with the Loran system, for the demolition 
of improvements on such real property, and for the costs 
associated with the sale of such real and personal property, 
including due diligence requirements, necessary environ-
mental remediation, and reimbursement of expenses in-
curred by the General Services Administration: Provided 
further, That after the completion of such activities, the un-
expended balances shall be available for any other environ-
† HR 2892 EAS 
mental compliance and restoration activities of the Coast 
Guard. 
BORDER FENCE COMPLETION 
SEC. 560. (a) MINIMUM REQUIREMENTS.—Section 
102(b)(1) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 
amended— 
(1) in subparagraph (A), by adding at the end 
the following: ‘‘Fencing that does not effectively re-
strain pedestrian traffic (such as vehicle barriers and 
virtual fencing) may not be used to meet the 700-mile 
fence requirement under this subparagraph.’’; 
(2) in subparagraph (B)— 
(A) in clause (i), by striking ‘‘and’’ at the 
end; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iii) not later than December 31, 
2010, complete the construction of all the re-
inforced fencing and the installation of the 
related equipment described in subpara-
graph (A).’’; and 
(3) in subparagraph (C), by adding at the end 
the following:
† HR 2892 EAS 
‘‘(iii) FUNDING NOT CONTINGENT ON 
CONSULTATION.—Amounts appropriated to 
carry out this paragraph may not be im-
pounded or otherwise withheld for failure to 
fully comply with the consultation require-
ment under clause (i).’’. 
(b) REPORT.—Not later than September 30, 2009, the 
Secretary of Homeland Security shall submit a report to 
Congress that describes— 
(1) the progress made in completing the rein-
forced fencing required under section 102(b)(1) of the 
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1103 note), as amended 
by this Act; and 
(2) the plans for completing such fencing before 
December 31, 2010. 
SEC. 561. None of the amounts made available under 
this Act may be used to implement changes to the final rule 
describing the process for employers to follow after receiving 
a ‘‘no match’’ letter in order to qualify for ‘‘safe harbor’’ 
status (promulgated on August 15, 2007). 
SEC. 562. None of the funds made available under this 
Act may be obligated for the construction of the National 
Bio and Agro-defense Facility on the United States main-
land until 90 days after the later of—
† HR 2892 EAS 
(1) the date on which the Secretary of Homeland 
Security completes a site-specific bio-safety and bio- 
security mitigation assessment to determine the re-
quirements necessary to ensure safe operation of the 
National Bio and Agro-defense Facility at the pre-
ferred site identified in the January 16, 2009, Record 
of Decision published in Federal Register Vol. 74, 
Number 111; or 
(2) the date on which the Secretary of Homeland 
Security, in coordination with the Secretary of Agri-
culture, submits to the Committee on Appropriations 
of the Senate and the Committee on Appropriations 
of the House of Representatives a report that— 
(A) describes the procedure that will be used 
to issue the permit to conduct foot-and-mouth 
disease live virus research under section 7524 of 
the Food, Conservation, and Energy Act of 2008 
(21 U.S.C. 113a note; Public Law 110–246); and 
(B) includes plans to establish an emer-
gency response plan with city, regional, and 
State officials in the event of an accidental re-
lease of foot-and-mouth disease or another haz-
ardous pathogen. 
SEC. 563. (a) Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Homeland Se-
† HR 2892 EAS 
curity, in consultation with the Attorney General and the 
Administrative Office of the United States Courts, shall 
submit a report to the congressional committees set forth 
in subsection (b) that provides details about— 
(1) additional Border Patrol sectors that should 
be utilizing Operation Streamline programs; and 
(2) resources needed from the Department of 
Homeland Security, the Department of Justice, and 
the Judiciary, to increase the effectiveness of Oper-
ation Streamline programs at some Border Patrol 
sectors and to utilize such programs at additional sec-
tors. 
(b) The congressional committees set forth in this sub-
section are— 
(1) the Committee on Appropriations of the Sen-
ate; 
(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.
† HR 2892 EAS 
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-
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
† HR 2892 EAS 
‘‘(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; 
‘‘(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.’’.
† HR 2892 EAS 
(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.’’. 
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
† HR 2892 EAS 
(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)— 
(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)—
† HR 2892 EAS 
(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: 
‘‘(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.
† HR 2892 EAS 
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-
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,
† HR 2892 EAS 
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. 
(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
† HR 2892 EAS 
(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. 
(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,
† HR 2892 EAS 
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 
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—
† HR 2892 EAS 
(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 
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-
† HR 2892 EAS 
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. 
(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;
† HR 2892 EAS 
(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). 
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
† HR 2892 EAS 
(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 
(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-
† HR 2892 EAS 
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-
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-
† HR 2892 EAS 
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-
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.—
† HR 2892 EAS 
(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. 
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