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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 
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
•HR 2892 EH1S 
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: 
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
•HR 2892 EH1S 
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 
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
•HR 2892 EH1S 
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 
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-
•HR 2892 EH1S 
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 
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
•HR 2892 EH1S 
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-
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
•HR 2892 EH1S 
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 
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.
•HR 2892 EH1S 
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 
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.);
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(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. 
(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
•HR 2892 EH1S 
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 
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
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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 
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).
•HR 2892 EH1S 
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). 
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).
•HR 2892 EH1S 
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). 
SEC. 532. Section 831 of the Homeland Security Act 
of 2002 (6 U.S.C. 391) is amended— 
(1) in subsection (a), by striking ‘‘Until Sep-
tember 30, 2009’’ and inserting ‘‘Until September 
30, 2010,’’; and 
(2) in subsection (d)(1), by striking ‘‘September 
30, 2009,’’ and inserting ‘‘September 30, 2010,’’. 
SEC. 533. None of the funds made available in this 
Act may be used for planning, testing, piloting, or devel-
oping a national identification card. 
SEC. 534. (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 declare a major disaster because of an event and any 
appeal is completed, the Administrator shall submit to the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate, the Committee on Homeland Security 
of the House of Representatives, the Committee on Trans-
•HR 2892 EH1S 
portation and Infrastructure of the House of Representa-
tives, 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 information used to determine whether to de-
clare a major disaster. 
(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,
•HR 2892 EH1S 
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 
‘‘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
•HR 2892 EH1S 
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. 
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-
•HR 2892 EH1S 
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. 
SEC. 540. The explanatory statement referenced in 
section 4 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
•HR 2892 EH1S 
(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’’. 
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.).
•HR 2892 EH1S 
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-
ing ‘‘September 30, 2009’’ and inserting ‘‘September 30, 
2011’’. 
(b) PROTECTION OF SOCIAL SECURITY ADMINISTRA-
TION PROGRAMS.— 
(1) FUNDING
UNDER
AGREEMENT.—Effective 
for fiscal years beginning on or after October 1, 
2009, the Commissioner of Social Security and the 
Secretary of Homeland Security shall enter into and 
maintain an agreement which shall— 
(A) provide funds to the Commissioner for 
the full costs of the responsibilities of the Com-
missioner under section 404 of the Illegal Im-
migration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note), including— 
(i) acquiring, installing, and maintain-
ing technological equipment and systems 
necessary for the fulfillment of the respon-
sibilities of the Commissioner under such 
section 404, but only that portion of such
•HR 2892 EH1S 
costs that are attributable exclusively to 
such responsibilities; and 
(ii) responding to individuals who con-
test a tentative nonconfirmation provided 
by the basic pilot confirmation system es-
tablished under such section; 
(B) subject to the availability of appropria-
tions for such purpose, provide such funds 
quarterly in advance of the applicable quarter 
based on estimating methodology agreed to by 
the Commissioner and the Secretary (except in 
such instances where the delayed enactment of 
an annual appropriation may preclude such 
quarterly payments); and 
(C) require an annual accounting and rec-
onciliation of the actual costs incurred and the 
funds provided under the agreement, which 
shall be jointly reviewed by the Office of the In-
spector General of the Social Security Adminis-
tration and the Office of Inspector General of 
the Department of Homeland Security. 
(2) 
CONTINUATION
OF
EMPLOYMENT 
VERIFICATION
IN
ABSENCE
OF
TIMELY
AGREE-
MENT.—In any case in which the agreement re-
quired under paragraph (1) for any fiscal year be-
•HR 2892 EH1S 
ginning on or after October 1, 2009, has not been 
reached as of October 1 of such fiscal year, the most 
recent agreement between the Commissioner and the 
Secretary of Homeland Security providing for fund-
ing to cover the costs of the responsibilities of the 
Commissioner under section 404 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) shall be deemed in ef-
fect on an interim basis for such fiscal year until 
such time as an agreement required under para-
graph (1) is subsequently reached, except that the 
terms of such interim agreement shall be modified 
by the Director of the Office of Management and 
Budget to adjust for inflation and any increase or 
decrease in the volume of requests under the basic 
pilot confirmation system. In any case in which an 
interim agreement applies for any fiscal year under 
this paragraph, the Commissioner and the Secretary 
shall, not later than October 1 of such fiscal year, 
notify the Committee on Ways and Means of the 
House of Representatives, the Committees on the 
Judiciary of the Senate and the House of Represent-
atives, the Committees on Appropriations of the 
Senate and the House of Representatives, and the 
Committee on Finance of the Senate of the failure
•HR 2892 EH1S 
to reach the agreement required under paragraph 
(1) for such fiscal year. Until such time as the 
agreement required under paragraph (1) has been 
reached for such fiscal year, the Commissioner and 
the Secretary shall, not later than the end of each 
90-day period after October 1 of such fiscal year, 
notify such Committees of the status of negotiations 
between the Commissioner and the Secretary in 
order to reach such an agreement. 
(c) GAO STUDY OF BASIC PILOT CONFIRMATION 
SYSTEM.— 
(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Comp-
troller General shall conduct a study regarding erro-
neous tentative nonconfirmations under the basic 
pilot confirmation system established under section 
404(a) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a 
note). 
(2) MATTERS TO BE STUDIED.—In the study 
required under paragraph (1), the Comptroller Gen-
eral shall determine and analyze— 
(A) the causes of erroneous tentative non-
confirmations under the basic pilot confirmation 
system;
•HR 2892 EH1S 
(B) the processes by which such erroneous 
tentative nonconfirmations are remedied; and 
(C) the effect of such erroneous tentative 
nonconfirmations on individuals, employers, and 
Federal agencies. 
(3) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller 
General shall submit the results of the study re-
quired under paragraph (1) to the Committee on 
Ways and Means of the House of Representatives, 
the Committees on the Judiciary of the Senate and 
the House of Representatives, the Committee on Fi-
nance of the Senate, and the Committees on Appro-
priations of the Senate and the House of Represent-
atives. 
(d) GAO STUDY OF EFFECTS OF BASIC PILOT PRO-
GRAM ON SMALL ENTITIES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this Act, the Comp-
troller General shall submit to the Committees on 
the Judiciary of the Senate and the House of Rep-
resentatives and the Committees on Appropriations 
of the Senate and the House of Representatives a 
report containing the Comptroller General’s analysis 
of the effects of the basic pilot program described in
•HR 2892 EH1S 
section 404(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) on small entities (as defined in section 
601 of title 5, United States Code). The report shall 
detail— 
(A) the costs of compliance with such pro-
gram on small entities; 
(B) a description and an estimate of the 
number of small entities enrolled and partici-
pating in such program or an explanation of 
why no such estimate is available; 
(C) the projected reporting, recordkeeping, 
and other compliance requirements of such pro-
gram on small entities; 
(D) factors that impact small entities’ en-
rollment and participation in such program, in-
cluding access to appropriate technology, geog-
raphy, entity size, and class of entity; and 
(E) the steps, if any, the Secretary of 
Homeland Security has taken to minimize the 
economic impact of participating in such pro-
gram on small entities. 
(2) DIRECT AND INDIRECT EFFECTS.—The re-
port shall cover, and treat separately, direct effects 
(such as wages, time, and fees spent on compliance)
•HR 2892 EH1S 
and indirect effects (such as the effect on cash flow, 
sales, and competitiveness). 
(3) SPECIFIC CONTENTS.—The report shall pro-
vide specific and separate details with respect to— 
(A) small businesses (as defined in section 
601 of title 5, United States Code) with fewer 
than 50 employees; and 
(B) small entities operating in States that 
have mandated use of the basic pilot program. 
SEC. 546. (a) IN GENERAL.—Strike subparagraphs 
(A) through (C) that appear within section 426(b) of divi-
sion J of the Consolidated Appropriations Act, 2005 (Pub-
lic Law 108–447) and insert the following: 
‘‘(A) SECRETARAY OF STATE.—One-third 
of the amounts deposited into the Fraud Pre-
vention and Detection Account shall remain 
available to the Secretary of State until ex-
pended for programs and activities— 
‘‘(i) to increase the number of con-
sular and diplomatic security personnel as-
signed primarily to the function of pre-
venting and detecting fraud by applicants 
for visas described in subparagraph (H)(i), 
(H)(ii), or (L) of section 101(a)(15);
•HR 2892 EH1S 
‘‘(ii) otherwise to prevent and detect 
visa fraud, including fraud by applicants 
for visas described in subparagraph (H)(i), 
(H)(ii), or (L) of section 101(a)(15), as 
well as the purchase, lease, construction, 
and staffing of facilities for the processing 
of these classes of visa, in consultation 
with the Secretary of Homeland Security 
as appropriate; and 
‘‘(iii) upon request by the Secretary of 
Homeland Security, to assist such Sec-
retary in carrying out the fraud prevention 
and detection programs and activities de-
scribed in subparagraph (B). 
‘‘(B) SECRETARY
OF
HOMELAND
SECU-
RITY.—One-third of the amounts deposited into 
the Fraud Prevention and Detection Account 
shall remain available to the Secretary of 
Homeland Security until expended for programs 
and activities to prevent and detect immigration 
benefit fraud, including fraud with respect to 
petitions filed under paragraph (1) or (2)(A) of 
section 214(c) to grant an alien nonimmigrant 
status described in subparagraph (H) or (L) of 
section 101(a)(15).
•HR 2892 EH1S 
‘‘(C) SECRETARY OF LABOR.—One-third of 
the amounts deposited into the Fraud Preven-
tion and Detection Account shall remain avail-
able to the Secretary of Labor until expended 
for wage and hour enforcement programs and 
activities otherwise authorized to be conducted 
by the Secretary of Labor that focus on indus-
tries likely to employ nonimmigrants, including 
enforcement programs and activities described 
in section 212(n) and enforcement programs 
and 
activities 
related 
to 
section 
214(c)(14)(A)(i).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
CLARIFICATION OF FEE AUTHORITY 
SEC. 547. (a) IN GENERAL.—In addition to collection 
of registration fees described in section 244(c)(1)(B) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1254a(c)(1)(B)), fees for fingerprinting services, biometric 
services, and other necessary services may be collected 
when administering the program described in section 244 
of such Act. 
(b) CONSTRUCTION.—Subsection (a) shall be con-
strued to apply for fiscal year 1998 and each fiscal year 
thereafter.
•HR 2892 EH1S 
SEC. 548. Section 550(b) of the Department of 
Homeland Security Appropriations Act, 2007 (Public Law 
109–295; 6 U.S.C. 121 note) is amended by striking 
‘‘three years after the date of enactment of this Act’’ and 
inserting ‘‘October 4, 2010’’. 
SEC. 549. For Fiscal Year 2010 and thereafter, the 
Secretary of Homeland Security may collect fees from any 
non-Federal participant in a conference, seminar, exhi-
bition, symposium, or similar meeting conducted by the 
Department of Homeland Security in advance of the con-
ference, either directly or by entering into a contract, and 
those fees shall be credited to the appropriation or account 
from which the costs of the conference, seminar, exhi-
bition, symposium, or similar meeting are paid and shall 
be available to pay the costs of the Department of Home-
land Security with respect to the conference or to reim-
burse the Department for costs incurred with respect to 
the conference. In the event the total amount of fees col-
lected 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 depos-
ited into the Treasury as miscellaneous receipts. 
SEC. 550. From unobligated balances for fiscal year 
2009 made available for the Federal Emergency Manage-
•HR 2892 EH1S 
ment Agency ‘‘Trucking Industry Security Grants’’ ac-
count, $5,572,000 is rescinded. 
SEC. 551. None of the funds made avilable in this 
Act may be obligated for full–scale procurement of Ad-
vanced Spectroscopic Portal monitors until the Secretary 
of Homeland Security submits to the Committees on Ap-
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,
•HR 2892 EH1S 
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 
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