HR 2892 PCS 
propriations of the Senate and the House of Representa-
tives a report certifying that a significant increase in oper-
ational effectiveness will be achieved: Provided, That the 
Secretary shall submit separate and distinct certifications 
prior to the procurement of Advaced Spectroscopic Portal 
monitors for primary and secondary deployment that ad-
dress the unique requirements for operational effectiveness 
of each type of deployment: Provided further, That the 
Secretary shall consult with the National Academy of 
Sciences before making such certifications: Provided fur-
ther, That none of the funds provided in this Act may be 
obligated for high-risk concurrent development and pro-
duction of mutually dependent software and hardware. 
SEC. 552. (a) As part of a plan regarding the pro-
posed disposition of any individual who is detained, as of 
April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, 
the Secretary of Homeland Security shall conduct a threat 
assessment for each such individual who is proposed to 
be transferred to the continental United States, Alaska, 
Hawaii, the District of Columbia, or the United States 
Territories that— 
(1) determines the risk that the individual 
might instigate an act of terrorism within the conti-
nental United States, Alaska, Hawaii, the District of 
VerDate Nov 24 2008 
20:34 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H2892.PCS
H2892
mstockstill on PROD1PC66 with BILLS
HR 2892 PCS 
Columbia, or the United States Territories if the in-
dividual were so transferred; and 
(2) determines the risk that the individual 
might advocate, coerce, or incite violent extremism, 
ideologically motivated criminal activity, or acts of 
terrorism, among inmate populations at incarcer-
ation facilities within the continental United States, 
Alaska, Hawaii, the District of Columbia, or the 
United States Territories if the individual were 
transferred to such a facility. 
(b) Section 44903(j)(2)(C) of title 49, United States 
Code, is amended by adding at the end the following new 
clause: 
‘‘(v) INCLUSION OF DETAINEES ON NO 
FLY LIST.—The Assistant Secretary, in co-
ordination with the Terrorist Screening 
Center, shall include on the No Fly List 
any individual who was a detainee held at 
the Naval Station, Guantanamo Bay, 
Cuba, unless the President certifies in 
writing to Congress that the detainee poses 
no threat to the United States, its citizens, 
or its allies. For purposes of this clause, 
the term ‘detainee’ means an individual in 
the custody or under the physical control 
VerDate Nov 24 2008 
20:34 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H2892.PCS
H2892
mstockstill on PROD1PC66 with BILLS
HR 2892 PCS 
of the United States as a result of armed 
conflict.’’. 
(c) None of the funds made available in this Act may 
be used to provide any immigration benefit (including a 
visa, admission into the United States, parole into the 
United States, or classification as a refugee or applicant 
for asylum) to any individual who is detained, as of April 
20, 2009, at Naval Station, Guantanamo Bay, Cuba. 
(d) Nothing in subsections (b) and (c) shall be con-
strued to prohibit a detainee held at Guantanamo Bay 
from being brought to the United States for prosecution. 
SEC. 553. None of the funds made available under 
this Act may be used to close or transfer the operations 
of the Florida Long Term Recovery Office of the Federal 
Emergency Management Administration located in Or-
lando, Florida. 
SEC. 554. None of the funds made available in this 
Act may be used for first-class travel by the employees 
of agencies funded by this Act in contravention of sections 
301–10.122 through 301.10–124 of title 41, Code of Fed-
eral Regulations. 
SEC. 555. No funds appropriated by this Act may be 
used to impose any negative personnel action against any 
Department of Homeland Security employee who engages 
with the public in the course of the employee’s duties, for 
VerDate Nov 24 2008 
20:34 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H2892.PCS
H2892
mstockstill on PROD1PC66 with BILLS
HR 2892 PCS 
the use of surgical masks, N95 respirators, gloves, or hand 
sanitizer. 
SEC. 556. None of the funds made available in this 
Act may be used to employ workers described in section 
274A(h)(3) of the Immigration and Nationality Act (8 
U.S.C. 1324a(h)(3)). 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2010’’. 
Passed the House of Representatives June 24, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Nov 24 2008 
20:34 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H2892.PCS
H2892
mstockstill on PROD1PC66 with BILLS
Calendar No. 95 
111TH CONGRESS 
1ST SESSION 
H. R. 2892 
AN ACT 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2010, and for other purposes. 
JULY 6, 2009 
Received; read twice and placed on the calendar 
VerDate Nov 24 2008 
20:34 Jul 06, 2009
Jkt 079200
PO 00000
Frm 00096
Fmt 6651
Sfmt 6651
E:\BILLS\H2892.PCS
H2892
mstockstill on PROD1PC66 with BILLS