Department of Homeland Security Appropriations Act, 2010
PL 111-83 (H.R.2892), enacted 10/28/2009

123 STAT. 2142 
PUBLIC LAW 111–83—OCT. 28, 2009 
Public Law 111–83 
111th Congress 
An Act 
Making appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Department of Homeland Secu-
rity for the fiscal year ending September 30, 2010, and for other 
purposes, namely: 
TITLE I 
DEPARTMENTAL MANAGEMENT AND OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT 
For necessary expenses of the Office of the Secretary of Home-
land Security, as authorized by section 102 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 112), and executive management of 
the Department of Homeland Security, as authorized by law, 
$147,818,000: Provided, That not to exceed $60,000 shall be for 
official reception and representation expenses, of which $20,000 
shall be made available to the Office of Policy solely to host Visa 
Waiver Program negotiations in Washington, DC: Provided further, 
That $15,000,000 shall not be available for obligation for the Office 
of Policy until the Secretary submits an expenditure plan for the 
Office of Policy for fiscal year 2010: Provided further, That all 
official costs associated with the use of government aircraft by 
Department of Homeland Security personnel to support official 
travel of the Secretary and the Deputy Secretary shall be paid 
from amounts made available for the Immediate Office of the Sec-
retary and the Immediate Office of the Deputy Secretary. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under Secretary 
for Management, as authorized by sections 701 through 705 of 
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
$254,190,000, of which not less than $1,000,000 shall be for logistics 
training; and of which not to exceed $3,000 shall be for official 
reception and representation expenses: Provided, That of the total 
amount made available under this heading, $5,500,000 shall remain 
available until expended solely for the alteration and improvement 
of facilities, tenant improvements, and relocation costs to consoli-
date Department headquarters operations at the Nebraska Avenue 
Expenditure 
plan. 
Department of 
Homeland 
Security 
Appropriations 
Act, 2010. 
Oct. 28, 2009 
[H.R. 2892] 
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123 STAT. 2143 
PUBLIC LAW 111–83—OCT. 28, 2009 
Complex; and $17,131,000 shall remain available until expended 
for the Human Resources Information Technology program. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), $60,530,000, of which $11,000,000 shall 
remain available until expended for financial systems consolidation 
efforts: Provided, That of the total amount made available under 
this heading, $5,000,000 shall not be obligated until the Chief 
Financial Officer or an individual acting in such capacity submits 
a financial management improvement plan that addresses the rec-
ommendations outlined in the Department of Homeland Security 
Office of Inspector General report OIG–09–72, including yearly 
measurable milestones, to the Committees on Appropriations of 
the Senate and the House of Representatives: Provided further, 
That the plan described in the preceding proviso shall be submitted 
not later than January 4, 2010. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), and Department-wide technology invest-
ments, $338,393,000; of which $86,912,000 shall be available for 
salaries and expenses; and of which $251,481,000, to remain avail-
able until expended, shall be available for development and acquisi-
tion of information technology equipment, software, services, and 
related activities for the Department of Homeland Security: Pro-
vided, That of the total amount appropriated, not less than 
$82,788,000 shall be available for data center development, of which 
not less than $38,540,145 shall be available for power capabilities 
upgrades at Data Center One (National Center for Critical Informa-
tion Processing and Storage): Provided further, That the Chief 
Information Officer shall submit to the Committees on Appropria-
tions of the Senate and the House of Representatives, not more 
than 60 days after the date of enactment of this Act, an expenditure 
plan for all information technology acquisition projects that: (1) 
are funded under this heading; or (2) are funded by multiple compo-
nents of the Department of Homeland Security through reimburs-
able agreements: Provided further, That such expenditure plan 
shall include each specific project funded, key milestones, all 
funding sources for each project, details of annual and lifecycle 
costs, and projected cost savings or cost avoidance to be achieved 
by the project. 
ANALYSIS AND OPERATIONS 
For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $335,030,000, of which 
not to exceed $5,000 shall be for official reception and representation 
expenses; and of which $190,862,000 shall remain available until 
September 30, 2011: Provided, That none of the funds provided 
in this or any other Act shall be available to commence operations 
of the National Immigration Information Sharing Operation or any 
follow-on entity until the Secretary certifies that such program 
Certification. 
Notification. 
Deadline. 
Expenditure 
plan. 
Deadline. 
Financial plan. 
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123 STAT. 2144 
PUBLIC LAW 111–83—OCT. 28, 2009 
complies with all existing laws, including all applicable privacy 
and civil liberties standards, the Comptroller General of the United 
States notifies the Committees on Appropriations of the Senate 
and the House of Representatives and the Secretary that the Comp-
troller 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 operations of 
the National Immigration Information Sharing Operation or any 
follow-on entity pursuant to section 503 of this Act. 
OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST 
REBUILDING 
For necessary expenses of the Office of the Federal Coordinator 
for Gulf Coast Rebuilding, $2,000,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 
(5 U.S.C. App.), $113,874,000, of which not to exceed $150,000 
may be used for certain confidential operational expenses, including 
the payment of informants, to be expended at the direction of 
the Inspector General. 
TITLE II 
SECURITY, ENFORCEMENT, AND INVESTIGATIONS 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, agricultural inspections and 
regulatory activities related to plant and animal imports, and 
transportation of unaccompanied minor aliens; purchase and lease 
of up to 4,500 (4,000 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$8,064,713,000, of which $3,226,000 shall be derived from the 
Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant 
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 
to exceed $45,000 shall be for official reception and representation 
expenses; of which not less than $309,629,000 shall be for Air 
and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment 
for rental space in connection with preclearance operations; of which 
not to exceed $1,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security; and of which not more than 
$800,000 shall be for procurement of portable solar charging 
rechargeable battery systems: Provided, That for fiscal year 2010, 
Determination. 
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123 STAT. 2145 
PUBLIC LAW 111–83—OCT. 28, 2009 
the overtime limitation prescribed in section 5(c)(1) of the Act 
of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and 
notwithstanding any other provision of law, none of the funds 
appropriated by this Act may be available to compensate any 
employee of U.S. Customs and Border Protection for overtime, from 
whatever source, in an amount that exceeds such limitation, except 
in individual cases determined by the Secretary of Homeland Secu-
rity, or the designee of the Secretary, to be necessary for national 
security purposes, to prevent excessive costs, or in cases of immigra-
tion emergencies: Provided further, That of the total amount pro-
vided, $1,700,000 shall remain available until September 30, 2011, 
for the Global Advanced Passenger Information/Passenger Name 
Record Program. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protection auto-
mated systems, $422,445,000, to remain available until expended, 
of which not less than $227,960,000 shall be for the development 
of the Automated Commercial Environment: Provided, That of the 
total amount made available under this heading, $50,000,000 may 
not be obligated for the Automated Commercial Environment pro-
gram until 30 days after the Committees on Appropriations of 
the Senate and the House of Representatives receive a report on 
the results to date and plans for the program from the Department 
of Homeland Security. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY 
For expenses for border security fencing, infrastructure, and 
technology, $800,000,000, to remain available until expended: Pro-
vided, That of the total amount made available under this heading, 
$75,000,000 shall not be obligated until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
and approve a plan for expenditure, prepared by the Secretary 
of Homeland Security, reviewed by the Government Accountability 
Office, and submitted not later than 90 days after the date of 
the enactment of this Act, for a program to establish and maintain 
a security barrier along the borders of the United States, of fencing 
and vehicle barriers where practicable, and of other forms of tactical 
infrastructure and technology, that includes— 
(1) a detailed accounting of the program’s implementation 
to date for all investments, including technology and tactical 
infrastructure, for funding already expended relative to system 
capabilities or services, system performance levels, mission 
benefits and outcomes, milestones, cost targets, program 
management capabilities, identification of the maximum invest-
ment, including life-cycle costs, related to the Secure Border 
Initiative program or any successor program, and description 
of the methodology used to obtain these cost figures; 
(2) a description of how specific projects will further the 
objectives of the Secure Border Initiative, as defined in the 
Department of Homeland Security Secure Border Plan, and 
how the expenditure plan allocates funding to the highest pri-
ority border security needs; 
(3) an explicit plan of action defining how all funds are 
to be obligated to meet future program commitments, with 
the planned expenditure of funds linked to the milestone-based 
Expenditure 
plan. 
Deadline. 
Deadline. 
Reports. 
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123 STAT. 2146 
PUBLIC LAW 111–83—OCT. 28, 2009 
delivery of specific capabilities, services, performance levels, 
mission benefits and outcomes, and program management 
capabilities; 
(4) an identification of staffing, including full-time equiva-
lents, contractors, and detailees, by program office; 
(5) a description of how the plan addresses security needs 
at the Northern border and ports of entry, including infrastruc-
ture, technology, design and operations requirements, specific 
locations where funding would be used, and priorities for 
Northern border activities; 
(6) a report on budget, obligations and expenditures, the 
activities completed, and the progress made by the program 
in terms of obtaining operational control of the entire border 
of the United States; 
(7) a listing of all open Government Accountability Office 
and Office of Inspector General recommendations related to 
the program and the status of Department of Homeland Secu-
rity actions to address the recommendations, including mile-
stones to fully address such recommendations; 
(8) a certification by the Chief Procurement Officer of the 
Department including all supporting documents or memoranda, 
and documentation and a description of the investment review 
processes used to obtain such certifications, that— 
(A) the program has been reviewed and approved in 
accordance with the investment management process of 
the Department, and that the process fulfills all capital 
planning and investment control requirements and reviews 
established by the Office of Management and Budget, 
including as provided in Circular A–11, part 7; 
(B) the plans for the program comply with the Federal 
acquisition rules, requirements, guidelines, and practices, 
and a description of the actions being taken to address 
areas of non-compliance, the risks associated with such 
actions, together with any plans for addressing these risks, 
and the status of the implementation of such actions; and 
(C) procedures to prevent conflicts of interest between 
the prime integrator and major subcontractors are estab-
lished and that the Secure Border Initiative Program Office 
has adequate staff and resources to effectively manage 
the Secure Border Initiative program and all contracts 
under such program, including the exercise of technical 
oversight; 
(9) a certification by the Chief Information Officer of the 
Department including all supporting documents or memoranda, 
and documentation and a description of the investment review 
processes used to obtain such certifications that— 
(A) the system architecture of the program has been 
determined to be sufficiently aligned with the information 
systems enterprise architecture of the Department to mini-
mize future rework, including a description of all aspects 
of the architectures that were or were not assessed in 
making the alignment determination, the date of the align-
ment determination, and any known areas of misalignment 
together with the associated risks and corrective actions 
to address any such areas; 
(B) the program has a risk management process that 
regularly and proactively identifies, evaluates, mitigates, 
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123 STAT. 2147 
PUBLIC LAW 111–83—OCT. 28, 2009 
and monitors risks throughout the system life-cycle and 
communicates high-risk conditions to U.S. Customs and 
Border Protection and Department of Homeland Security 
investment decision-makers, as well as a listing of all the 
program’s high risks and the status of efforts to address 
such risks; and 
(C) an independent verification and validation agent 
is currently under contract for the projects funded under 
this heading; 
(10) a certification by the Chief Human Capital Officer 
of the Department that the human capital needs of the Secure 
Border Initiative program are being addressed so as to ensure 
adequate staff and resources to effectively manage the Secure 
Border Initiative; and 
(11) an analysis by the Secretary for each segment, defined 
as not more than 15 miles, of fencing or tactical infrastructure, 
of the selected approach compared to other, alternative means 
of achieving operational control, including cost, level of oper-
ational control, possible unintended effects on communities, 
and other factors critical to the decisionmaking process: 
Provided further, That the Secretary shall report to the Committees 
on Appropriations of the Senate and the House of Representatives 
on the progress of the program, and obligations and expenditures 
for all outstanding task orders, as well as specific objectives to 
be achieved through the award of current and remaining task 
orders planned for the balance of available appropriations, at least 
15 days before the award of any task order requiring an obligation 
of funds in an amount greater than $25,000,000 and before the 
award of a task order that would cause cumulative obligations 
of funds to exceed 50 percent of the total amount appropriated: 
Provided further, That none of the funds made available under 
this heading may be obligated unless the Department has complied 
with section 102(b)(1)(C)(i) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and 
the Secretary certifies such to the Committees on Appropriations 
of the Senate and the House of Representatives: Provided further, 
That none of the funds made available under this heading may 
be obligated for any project or activity for which the Secretary 
has exercised waiver authority pursuant to section 102(c) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1103 note) until 15 days have elapsed from the 
date of the publication of the decision in the Federal Register. 
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND 
PROCUREMENT 
For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, 
and other related equipment of the air and marine program, 
including operational training and mission-related travel, and rental 
payments for facilities occupied by the air or marine interdiction 
and demand reduction programs, the operations of which include 
the following: the interdiction of narcotics and other goods; the 
provision of support to Federal, State, and local agencies in the 
enforcement or administration of laws enforced by the Department 
of Homeland Security; and at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State, 
Waiver authority. 
Deadline. 
Federal Register, 
publication. 
Certification. 
Reports. 
Deadline. 
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123 STAT. 2148 
PUBLIC LAW 111–83—OCT. 28, 2009 
and local agencies in other law enforcement and emergency humani-
tarian efforts, $519,826,000, to remain available until expended: 
Provided, That no aircraft or other related equipment, with the 
exception of aircraft that are one of a kind and have been identified 
as excess to U.S. Customs and Border Protection requirements 
and aircraft that have been damaged beyond repair, shall be trans-
ferred to any other Federal agency, department, or office outside 
of the Department of Homeland Security during fiscal year 2010 
without the prior approval of the Committees on Appropriations 
of the Senate and the House of Representatives. 
CONSTRUCTION AND FACILITIES MANAGEMENT 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs, immigration, 
and border security, $319,570,000, to remain available until 
expended; of which $39,700,000 shall be for constructing and equip-
ping the Advanced Training Center; and of which not more than 
$3,500,000 shall be for acquisition, design, and construction of U.S. 
Customs and Border Protection Air and Marine facilities at El 
Paso International Airport, Texas: Provided, That for fiscal year 
2011 and thereafter, the annual budget submission of U.S. Customs 
and Border Protection for ‘‘Construction and Facilities Management’’ 
shall, in consultation with the General Services Administration, 
include a detailed 5-year plan for all Federal land border port 
of entry projects with a yearly update of total projected future 
funding needs delineated by land port of entry. 
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations; and pur-
chase and lease of up to 3,790 (2,350 for replacement only) police- 
type vehicles; $5,342,134,000, of which not to exceed $7,500,000 
shall be available until expended for conducting special operations 
under section 3131 of the Customs Enforcement Act of 1986 (19 
U.S.C. 2081); of which not to exceed $15,000 shall be for official 
reception and representation expenses; of which not to exceed 
$1,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security; of which not less than $305,000 shall be for 
promotion of public awareness of the child pornography tipline 
and anti-child exploitation activities; of which not less than 
$5,400,000 shall be used to facilitate agreements consistent with 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)); and of which not to exceed $11,216,000 shall be available 
to fund or reimburse other Federal agencies for the costs associated 
with the care, maintenance, and repatriation of smuggled aliens 
unlawfully present in the United States: Provided, That none of 
the funds made available under this heading shall be available 
to compensate any employee for overtime in an annual amount 
in excess of $35,000, except that the Secretary, or the designee 
of the Secretary, may waive that amount as necessary for national 
security purposes and in cases of immigration emergencies: Pro-
vided further, That of the total amount provided, $15,770,000 shall 
Child labor. 
Waiver authority. 
Plans. 
Deadline. 
6 USC 214 note. 
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123 STAT. 2149 
PUBLIC LAW 111–83—OCT. 28, 2009 
be for activities in fiscal year 2010 to enforce laws against forced 
child labor, of which not to exceed $6,000,000 shall remain available 
until expended: Provided further, That of the total amount available, 
not less than $1,500,000,000 shall be available to identify aliens 
convicted of a crime who may be deportable, and to remove them 
from the United States once they are judged deportable, of which 
$200,000,000 shall remain available until September 30, 2011: Pro-
vided further, That the Secretary, or the designee of the Secretary, 
shall report to the Committees on Appropriations of the Senate 
and the House of Representatives, not later than 45 days after 
the end of each quarter of the fiscal year, on progress in imple-
menting the preceding proviso and the funds obligated during that 
quarter to make that progress: Provided further, That the Secretary 
shall prioritize the identification and removal of aliens convicted 
of a crime by the severity of that crime: Provided further, That 
funding made available under this heading shall maintain a level 
of not less than 33,400 detention beds through September 30, 2010: 
Provided further, That of the total amount provided, not less than 
$2,545,180,000 is for detention and removal operations, including 
transportation of unaccompanied minor aliens: Provided further, 
That of the total amount provided, $7,300,000 shall remain avail-
able until September 30, 2011, for the Visa Security Program: 
Provided further, That none of the funds provided under this 
heading may be used to continue a delegation of law enforcement 
authority authorized under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 
Security Inspector General determines that the terms of the agree-
ment governing the delegation of authority have been violated: 
Provided further, That none of the funds provided under this 
heading may be used to continue any contract for the provision 
of detention services if the two most recent overall performance 
evaluations received by the contracted facility are less than ‘‘ade-
quate’’ or the equivalent median score in any subsequent perform-
ance evaluation system: Provided further, That nothing under this 
heading shall prevent U.S. Immigation and Customs Enforcement 
from exercising those authorities provided under immigration laws 
(as defined in section 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining 
to aliens convicted of a crime: Provided further, That none of the 
funds provided under this heading may be obligated to collocate 
field offices of U.S. Immigration and Customs Enforcement until 
the Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Representatives 
a plan for the nationwide implementation of the Alternatives to 
Detention Program that identifies: (1) the funds required for nation-
wide program implementation; (2) the timeframe for achieving 
nationwide program implementation; and (3) an estimate of the 
number of individuals who could be enrolled in a nationwide pro-
gram. 
AUTOMATION MODERNIZATION 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of immigration and customs enforcement auto-
mated systems, $90,000,000, to remain available until expended: 
Provided, That of the funds made available under this heading, 
Expenditure 
plan. 
Implementation 
plan. 
Contracts. 
Determination. 
Detention beds. 
Aliens. 
Reports. 
Deadlines. 
Aliens. 
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123 STAT. 2150 
PUBLIC LAW 111–83—OCT. 28, 2009 
$10,000,000 shall not be obligated until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
an expenditure plan prepared by the Secretary of Homeland Secu-
rity: Provided further, That of the total amount provided under 
this heading, up to $10,000,000 may be transferred to U.S. Immigra-
tion and Customs Enforcement ‘‘Salaries and Expenses’’ account 
for data center migration. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $4,818,000, to remain available until expended: Provided, That 
none of the funds made available in this Act may be used to 
solicit or consider any request to privatize facilities currently owned 
by the United States Government and used to detain aliens unlaw-
fully present in the United States until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
a plan for carrying out that privatization. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to providing civil aviation security services pursuant 
to the Aviation and Transportation Security Act (Public Law 107– 
71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,214,040,000, to remain 
available until September 30, 2011, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not 
to exceed $4,358,076,000 shall be for screening operations, of which 
$1,116,406,000 shall be available for explosives detection systems; 
and not to exceed $855,964,000 shall be for aviation security direc-
tion and enforcement: Provided further, That of the amount made 
available in the preceding proviso for explosives detection systems, 
$778,300,000 shall be available for the purchase and installation 
of these systems, of which not less than 28 percent shall be available 
for the purchase and installation of certified explosives detection 
systems at medium- and small-sized airports: Provided further, 
That any award to deploy explosives detection systems shall be 
based on risk, the airport’s current reliance on other screening 
solutions, lobby congestion resulting in increased security concerns, 
high injury rates, airport readiness, and increased cost effectiveness: 
Provided further, That of the total amount provided, $1,250,000 
shall be made available for Safe Skies Alliance to develop and 
enhance research and training capabilities for Transportation Secu-
rity Officer improvised explosive recognition training: Provided fur-
ther, That security service fees authorized under section 44940 
of title 49, United States Code, shall be credited to this appropria-
tion as offsetting collections and shall be available only for aviation 
security: Provided further, That the sum appropriated under this 
heading from the general fund shall be reduced on a dollar-for- 
dollar basis as such offsetting collections are received during fiscal 
year 2010, so as to result in a final fiscal year appropriation 
from the general fund estimated at not more than $3,114,040,000: 
Provided further, That any security service fees collected in excess 
Fees. 
Explosive 
detection 
systems. 
Privatization 
plan. 
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123 STAT. 2151 
PUBLIC LAW 111–83—OCT. 28, 2009 
of the amount made available under this heading shall become 
available during fiscal year 2011: Provided further, That Members 
of the United States House of Representatives and United States 
Senate, including the leadership; the heads of Federal agencies 
and commissions, including the Secretary, Deputy Secretary, Under 
Secretaries, and Assistant Secretaries of the Department of Home-
land Security; the United States Attorney General and Assistant 
Attorneys General and the United States attorneys; and senior 
members of the Executive Office of the President, including the 
Director of the Office of Management and Budget; shall not be 
exempt from Federal passenger and baggage screening. 
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to providing surface transportation security activi-
ties, $110,516,000, to remain available until September 30, 2011. 
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING 
For necessary expenses for the development and implementa-
tion of screening programs of the Office of Transportation Threat 
Assessment and Credentialing, $171,999,000, to remain available 
until September 30, 2011. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Security Adminis-
tration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security 
Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$1,001,780,000, to remain available until September 30, 2011: Pro-
vided, That of the funds appropriated under this heading, 
$20,000,000 may not be obligated for headquarters administration 
until the Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Representatives 
detailed expenditure plans for air cargo security, and for checkpoint 
support and explosives detection systems refurbishment, procure-
ment, and installations on an airport-by-airport basis for fiscal 
year 2010: Provided further, That these plans shall be submitted 
no later than 60 days after the date of enactment of this Act. 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal Air Marshals, 
$860,111,000. 
COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and maintenance of 
the Coast Guard, not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, which shall be for 
replacement only; purchase or lease of small boats for contingent 
and emergent requirements (at a unit cost of no more than 
$700,000) and repairs and service-life replacements, not to exceed 
a total of $26,000,000; minor shore construction projects not 
Deadline. 
Expenditure 
plans. 
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123 STAT. 2152 
PUBLIC LAW 111–83—OCT. 28, 2009 
exceeding $1,000,000 in total cost at any location; payments pursu-
ant to section 156 of Public Law 97–377 (42 U.S.C. 402 note; 
96 Stat. 1920); and recreation and welfare; $6,805,391,000, of which 
$581,503,000 shall be for defense-related activities, of which 
$241,503,000 is designated as being for overseas deployments and 
other activities pursuant to sections 401(c)(4) and 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010; of which $24,500,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes 
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); of which not to exceed $20,000 shall be for official 
reception and representation expenses; and of which $3,600,000 
shall be available until expended for the cost of repairing, rehabili-
tating, altering, modifying, and making improvements, including 
customized tenant improvements, to any replacement or expanded 
Operations Systems Center facility: Provided, That none of the 
funds made available by this or any other Act shall be available 
for administrative expenses in connection with shipping commis-
sioners in the United States: Provided further, That none of the 
funds made available by this Act shall be for expenses incurred 
for recreational vessels under section 12114 of title 46, United 
States Code, except to the extent fees are collected from yacht 
owners and credited to this appropriation: Provided further, That 
the Coast Guard shall comply with the requirements of section 
527 of Public Law 108–136 with respect to the Coast Guard 
Academy: Provided further, That of the funds provided under this 
heading, $50,000,000 shall be withheld from obligation for Head-
quarters Directorates until: (1) the fiscal year 2010 second quarter 
acquisition report required by Public Law 108–7 and the fiscal 
year 2008 joint explanatory statement accompanying Public Law 
110–161; (2) the Revised Deepwater Implementation Plan; and (3) 
the future-years capital investment plan for fiscal years 2011– 
2015 are received by the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, That 
funds made available under this heading for overseas deployments 
and other activities pursuant to sections 401(c)(4) and 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010, may be allocated by program, 
project, and activity, notwithstanding section 503 of this Act. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the environmental compli-
ance and restoration functions of the Coast Guard under chapter 
19 of title 14, United States Code, $13,198,000, to remain available 
until expended. 
RESERVE TRAINING 
For necessary expenses of the Coast Guard Reserve, as author-
ized by law; operations and maintenance of the reserve program; 
personnel and training costs; and equipment and services; 
$133,632,000. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, 
Reports. 
Joint explanatory 
statement. 
Plans. 
Coast Guard. 
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123 STAT. 2153 
PUBLIC LAW 111–83—OCT. 28, 2009 
and aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,537,080,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 
(33 U.S.C. 2712(a)(5)); of which $121,000,000 shall be available 
until September 30, 2014, to acquire, repair, renovate, or improve 
vessels, small boats, and related equipment; of which $129,500,000 
shall be available until September 30, 2012, for other equipment; 
of which $27,100,000 shall be available until September 30, 2012, 
for shore facilities and aids to navigation facilities, including not 
less than $300,000 for the Coast Guard Academy Pier and not 
less than $16,800,000 for Coast Guard Station Cleveland Harbor; 
of which $105,200,000 shall be available for personnel compensation 
and benefits and related costs; and of which $1,154,280,000 shall 
be available until September 30, 2014, for the Integrated Deepwater 
Systems program: Provided, That of the funds made available for 
the Integrated Deepwater Systems program, $269,000,000 is for 
aircraft and $730,680,000 is for surface ships: Provided further, 
That the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, in conjunction with the President’s fiscal year 
2011 budget, a review of the Revised Deepwater Implementation 
Plan that identifies any changes to the plan for the fiscal year; 
an annual performance comparison of Integrated Deepwater Sys-
tems program assets to pre-Deepwater legacy assets; a status report 
of such legacy assets; a detailed explanation of how the costs of 
such legacy assets are being accounted for within the Integrated 
Deepwater Systems program; and the earned value management 
system gold card data for each Integrated Deepwater Systems pro-
gram asset: Provided further, That the Secretary shall submit to 
the Committees on Appropriations of the Senate and the House 
of Representatives, in conjunction with the fiscal year 2011 budget 
request, a comprehensive review of the Revised Deepwater 
Implementation Plan, and every 5 years thereafter, that includes 
a complete projection of the acquisition costs and schedule for 
the duration of the plan: Provided further, That the Secretary 
shall annually submit to the Committees on Appropriations of the 
Senate and the House of Representatives, at the time that the 
President’s budget is submitted under section 1105(a) of title 31, 
United States Code, a future-years capital investment plan for 
the Coast Guard that identifies for each capital budget line item— 
(1) the proposed appropriation included in that budget; 
(2) the total estimated cost of completion; 
(3) projected funding levels for each fiscal year for the 
next 5 fiscal years or until project completion, whichever is 
earlier; 
(4) an estimated completion date at the projected funding 
levels; and 
(5) changes, if any, in the total estimated cost of completion 
or estimated completion date from previous future-years capital 
investment plans submitted to the Committees on Appropria-
tions of the Senate and the House of Representatives: 
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent, 
to the maximum extent practicable, with proposed appropriations 
necessary to support the programs, projects, and activities of the 
Deadline. 
Investment plan. 
14 USC 663 note. 
Review. 
Deadline. 
14 USC 663 note. 
Review. 
Reports. 
Data. 
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123 STAT. 2154 
PUBLIC LAW 111–83—OCT. 28, 2009 
Coast Guard in the President’s budget as submitted under section 
1105(a) of title 31, United States Code, for that fiscal year: Provided 
further, That any inconsistencies between the capital investment 
plan and proposed appropriations shall be identified and justified: 
Provided further, That subsections (a) and (b) of section 6402 of 
the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and 
Iraq Accountability Appropriations Act, 2007 (Public Law 110–28) 
shall apply to fiscal year 2010. 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 
U.S.C. 516), $4,000,000, to remain available until expended: Pro-
vided, That of the amounts made available under this heading, 
$4,000,000 shall be for the Fort Madison Bridge in Fort Madison, 
Iowa. 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses for applied scientific research, develop-
ment, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by 
law; $24,745,000, to remain available until expended, of which 
$500,000 shall be derived from the Oil Spill Liability Trust Fund 
to carry out the purposes of section 1012(a)(5) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 
credited to and used for the purposes of this appropriation funds 
received from State and local governments, other public authorities, 
private sources, and foreign countries for expenses incurred for 
research, development, testing, and evaluation. 
RETIRED PAY 
For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments 
under the Retired Serviceman’s Family Protection and Survivor 
Benefits Plans, payment for career status bonuses, concurrent 
receipts and combat-related special compensation under the 
National Defense Authorization Act, and payments for medical care 
of retired personnel and their dependents under chapter 55 of 
title 10, United States Code, $1,361,245,000, to remain available 
until expended. 
UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Secret Service, 
including: purchase of not to exceed 652 vehicles for police-type 
use for replacement only; hire of passenger motor vehicles; purchase 
of motorcycles made in the United States; hire of aircraft; services 
of expert witnesses at such rates as may be determined by the 
Director of the Secret Service; rental of buildings in the District 
of Columbia, and fencing, lighting, guard booths, and other facilities 
on private or other property not in Government ownership or con-
trol, as may be necessary to perform protective functions; payment 
Applicability. 
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123 STAT. 2155 
PUBLIC LAW 111–83—OCT. 28, 2009 
of per diem or subsistence allowances to employees where a protec-
tive assignment during the actual day or days of the visit of a 
protectee requires an employee to work 16 hours per day or to 
remain overnight at a post of duty; conduct of and participation 
in firearms matches; presentation of awards; travel of United States 
Secret Service employees on protective missions without regard 
to the limitations on such expenditures in this or any other Act 
if approval is obtained in advance from the Committees on Appro-
priations of the Senate and the House of Representatives; research 
and development; grants to conduct behavioral research in support 
of protective research and operations; and payment in advance 
for commercial accommodations as may be necessary to perform 
protective functions; $1,478,669,000, of which not to exceed $25,000 
shall be for official reception and representation expenses; of which 
not to exceed $100,000 shall be to provide technical assistance 
and equipment to foreign law enforcement organizations in counter-
feit investigations; of which $2,366,000 shall be for forensic and 
related support of investigations of missing and exploited children; 
and of which $6,000,000 shall be for a grant for activities related 
to the investigations of missing and exploited children and shall 
remain available until expended: Provided, That up to $18,000,000 
for protective travel shall remain available until September 30, 
2011: Provided further, That up to $1,000,000 for National Special 
Security Events shall remain available until expended: Provided 
further, That the United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from Federal agen-
cies and entities, as defined in section 105 of title 5, United States 
Code, receiving training sponsored by the James J. Rowley Training 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under this 
heading at the end of the fiscal year: Provided further, That none 
of the funds made available under this heading shall be available 
to compensate any employee for overtime in an annual amount 
in excess of $35,000, except that the Secretary of Homeland Secu-
rity, or the designee of the Secretary, may waive that amount 
as necessary for national security purposes: Provided further, That 
none of the funds made available to the United States Secret 
Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency 
other than the Secretary of Homeland Security: Provided further, 
That the Director of the United States Secret Service may enter 
into an agreement to perform such service on a fully reimbursable 
basis: Provided further, That of the total amount made available 
under this heading, $33,960,000, to remain available until 
expended, is for information technology modernization: Provided 
further, That none of the funds made available in the preceding 
proviso shall be obligated to purchase or install information tech-
nology equipment until the Chief Information Officer of the Depart-
ment of Homeland Security submits a report to the Committees 
on Appropriations of the Senate and the House of Representatives 
certifying that all plans for such modernization are consistent with 
Department of Homeland Security data center migration and enter-
prise architecture requirements: Provided further, That none of 
the funds made available to the United States Secret Service by 
this Act or by previous appropriations Acts may be obligated for 
the purpose of opening a new permanent domestic or overseas 
office or location unless the Committees on Appropriations of the 
Notification. 
Deadline. 
Reports. 
Certification. 
Waiver authority. 
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123 STAT. 2156 
PUBLIC LAW 111–83—OCT. 28, 2009 
Senate and the House of Representatives are notified 15 days 
in advance of such obligation. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,975,000, to remain 
available until expended. 
TITLE III 
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Office of the Under Secretary 
for the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Manage-
ment and Analysis, $44,577,000: Provided, That not to exceed 
$5,000 shall be for official reception and representation expenses. 
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY 
For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title 
II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$899,416,000, of which $760,155,000 shall remain available until 
September 30, 2011: Provided, That of the amount made available 
under this heading, $161,815,000 may not be obligated for the 
National Cyber Security Division program and $12,500,000 may 
not be obligated for the Next Generation Networks program until 
the Committees on Appropriations of the Senate and the House 
of Representatives receive and approve a plan for expenditure for 
each of these programs that describes the strategic context of the 
program, the specific goals and milestones set for the program, 
and the funds allocated to achieving each of those goals and mile-
stones: Provided further, That of the total amount provided, no 
less than: $20,000,000 is for the National Infrastructure Simulation 
and Analysis Center; $1,000,000 is for Philadelphia infrastructure 
monitoring; $3,500,000 is for State and local cyber security training; 
$3,000,000 is for the Power and Cyber Systems Protection, Analysis, 
and Testing Program at the Idaho National Laboratory; $3,500,000 
is for the Cyber Security Test Bed and Evaluation Center; 
$3,000,000 is for the Multi-State Information Sharing and Analysis 
Center; $500,000 is for the Virginia Operational Integration Cyber 
Center of Excellence; $100,000 is for the Upstate New York Cyber 
Initiative; and $1,000,000 is for interoperable communications, tech-
nical assistance, and outreach programs. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings 
and for the operations of the Federal Protective Service: Provided, 
Certification. 
Deadline. 
Expenditure 
plan. 
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123 STAT. 2157 
PUBLIC LAW 111–83—OCT. 28, 2009 
That the Secretary of Homeland Security and the Director of the 
Office of Management and Budget shall certify in writing to the 
Committees on Appropriations of the Senate and the House of 
Representatives no later than December 31, 2009, that the oper-
ations of the Federal Protective Service will be fully funded in 
fiscal year 2010 through revenues and collection of security fees, 
and shall adjust the fees to ensure fee collections are sufficient 
to ensure that the Federal Protective Service maintains not fewer 
than 1,200 full-time equivalent staff and 900 full-time equivalent 
Police Officers, Inspectors, Area Commanders, and Special Agents 
who, while working, are directly engaged on a daily basis protecting 
and enforcing laws at Federal buildings (referred to as ‘‘in-service 
field staff’’). 
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR 
TECHNOLOGY 
For necessary expenses for the development of the United 
States Visitor and Immigrant Status Indicator Technology project, 
as authorized by section 110 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), 
$373,762,000, to remain available until expended: Provided, That 
of the total amount made available under this heading, $75,000,000 
may not be obligated for the United States Visitor and Immigrant 
Status Indicator Technology project until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
a plan for expenditure, prepared by the Secretary of Homeland 
Security, not later than 90 days after the date of enactment of 
this Act that meets the statutory conditions specified under this 
heading in Public Law 110–329: Provided further, That not less 
than $28,000,000 of unobligated balances of prior year appropria-
tions shall remain available and be obligated solely for implementa-
tion of a biometric air exit capability. 
OFFICE OF HEALTH AFFAIRS 
For necessary expenses of the Office of Health Affairs, 
$139,250,000, of which $30,411,000 is for salaries and expenses: 
Provided, That $108,839,000 shall remain available until September 
30, 2011, for biosurveillance, BioWatch, medical readiness planning, 
chemical response, and other activities, including $5,000,000 for 
the North Carolina Collaboratory for Bio-Preparedness, University 
of North Carolina, Chapel Hill: Provided further, That not to exceed 
$3,000 shall be for official reception and representation expenses. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
MANAGEMENT AND ADMINISTRATION 
For necessary expenses for management and administration 
of the Federal Emergency Management Agency, $797,650,000, 
including activities authorized by the National Flood Insurance 
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Cerro Grande Fire Assistance Act of 2000 (division C, title 
I, 114 Stat. 583), the Earthquake Hazards Reduction Act of 1977 
(42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National 
Expenditure 
plan. 
Deadline. 
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123 STAT. 2158 
PUBLIC LAW 111–83—OCT. 28, 2009 
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 
(6 U.S.C. 101 et seq.), and the Post-Katrina Emergency Manage-
ment Reform Act of 2006 (Public Law 109–295; 120 Stat. 1394): 
Provided, That not to exceed $3,000 shall be for official reception 
and representation expenses: Provided further, That the President’s 
budget submitted under section 1105(a) of title 31, United States 
Code, shall be detailed by office for the Federal Emergency Manage-
ment Agency: Provided further, That of the total amount made 
available under this heading, not to exceed $36,300,000 shall remain 
available until September 30, 2011, for capital improvements at 
the Mount Weather Emergency Operations Center: Provided fur-
ther, That of the total amount made available under this heading, 
$32,500,000 shall be for the Urban Search and Rescue Response 
System, of which not to exceed $1,600,000 may be made available 
for administrative costs; and $6,995,000 shall be for the Office 
of National Capital Region Coordination: Provided further, That 
for purposes of planning, coordination, execution, and decision- 
making related to mass evacuation during a disaster, the Governors 
of the State of West Virginia and the Commonwealth of Pennsyl-
vania, or their designees, shall be incorporated into efforts to 
integrate the activities of Federal, State, and local governments 
in the National Capital Region, as defined in section 882 of Public 
Law 107–296, the Homeland Security Act of 2002. 
STATE AND LOCAL PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For grants, contracts, cooperative agreements, and other activi-
ties, $3,015,200,000 shall be allocated as follows: 
(1) $950,000,000 shall be for the State Homeland Security 
Grant Program under section 2004 of the Homeland Security 
Act of 2002 (6 U.S.C. 605): Provided, That of the amount 
provided by this paragraph, $60,000,000 shall be for Operation 
Stonegarden: Provided further, That notwithstanding sub-
section (c)(4) of such section 2004, for fiscal year 2010, the 
Commonwealth of Puerto Rico shall make available to local 
and tribal governments amounts provided to the Common-
wealth of Puerto Rico under this paragraph in accordance with 
subsection (c)(1) of such section 2004. 
(2) $887,000,000 shall be for the Urban Area Security Ini-
tiative under section 2003 of the Homeland Security Act of 
2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)(1) 
of such section, $19,000,000 shall be for grants to organizations 
(as described under section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax section 501(a) of such 
code) determined by the Secretary of Homeland Security to 
be at high risk of a terrorist attack. 
(3) $35,000,000 shall be for Regional Catastrophic 
Preparedness Grants. 
(4) $41,000,000 shall be for the Metropolitan Medical 
Response System under section 635 of the Post-Katrina Emer-
gency Management Reform Act of 2006 (6 U.S.C. 723). 
(5) $13,000,000 shall be for the Citizen Corps Program. 
(6) $300,000,000 shall be for Public Transportation Security 
Assistance and Railroad Security Assistance, under sections 
Determination. 
Puerto Rico. 
West Virginia. 
Pennsylvania. 
Disaster 
evacuation. 
Federal budget. 
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123 STAT. 2159 
PUBLIC LAW 111–83—OCT. 28, 2009 
1406 and 1513 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 
1135 and 1163), of which not less than $20,000,000 shall be 
for Amtrak security: Provided, That such public transportation 
security assistance shall be provided directly to public transpor-
tation agencies. 
(7) $300,000,000 shall be for Port Security Grants in accord-
ance with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c). 
(8) $12,000,000 shall be for Over-the-Road Bus Security 
Assistance under section 1532 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (Public 
Law 110–53; 6 U.S.C. 1182). 
(9) $50,000,000 shall be for Buffer Zone Protection Program 
Grants. 
(10) $50,000,000 shall be for the Driver’s License Security 
Grants Program in accordance with section 204 of the REAL 
ID Act of 2005 (49 U.S.C. 30301 note). 
(11) $50,000,000 shall be for the Interoperable Emergency 
Communications Grant Program under section 1809 of the 
Homeland Security Act of 2002 (6 U.S.C. 579). 
(12) $60,000,000 shall be for grants for Emergency Oper-
ations Centers under section 614 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) 
to remain available until expended, of which no less than 
the amount specified for each Emergency Operations Center 
shall be provided as follows: $500,000, Benton County Emer-
gency Management Commission, Iowa; $100,000, Brazoria 
County Emergency Management, Texas; $800,000, Butte-Silver 
Bow, Montana; $338,000, Calvert County Department of Public 
Safety, Maryland; $425,000, City of Alamosa Fire Department, 
Colorado; $600,000, City of Ames, Iowa; $250,000, City of 
Boerne, Texas; $500,000, City of Brawley, California; $300,000, 
City of Brigantine, New Jersey; $350,000, City of Brookings, 
Oregon; $1,000,000, City of Chicago, Illinois; $1,000,000, City 
of Commerce, California; $300,000, City of Cupertino, Cali-
fornia; $1,000,000, City of Detroit, Michigan; $750,000, City 
of Elk Grove, California; $400,000, City of Green Cove Springs, 
Florida; $600,000, City of Greenville, North Carolina; $300,000, 
City of Hackensack, New Jersey; $800,000, City of Hartford, 
Connecticut; $250,000, City of Hopewell, Virginia; $254,500, 
City of La Habra, California; $600,000, City of Las Vegas, 
Nevada; $750,000, City of Lauderdale Lakes, Florida; $750,000, 
City of Minneapolis, Minnesota; $375,000, City of Monterey 
Park, California; $400,000, City of Moreno Valley, California; 
$1,000,000, City of Mount Vernon, New York; $1,000,000, City 
of Newark, New Jersey; $900,000, City of North Little Rock, 
Arkansas; $350,000, City of Palm Coast, Florida; $750,000, 
City of Port Gibson, Mississippi; $500,000, City of Scottsdale, 
Arizona; $750,000, City of Sunrise, Florida; $500,000, City of 
Tavares, Florida; $400,000, City of Torrington, Connecticut; 
$900,000, City of Whitefish, Montana; $500,000, City of Whit-
tier, California; $500,000, City of Wichita, Kansas; $500,000, 
Columbia County, Oregon; $500,000, County of Union, New 
Jersey; $400,000, Dorchester County, South Carolina; $200,000, 
Fulton County (Atlanta) Emergency Management Agency, 
Georgia; $250,000, Howell County Emergency Preparedness, 
Missouri; $500,000, Jackson County Sheriff’s Office, Missouri; 
VerDate Nov 24 2008 
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123 STAT. 2160 
PUBLIC LAW 111–83—OCT. 28, 2009 
$750,000, Johnson County, Texas; $500,000, Kentucky Emer-
gency Management, Kentucky; $800,000, Lake County, Florida; 
$600,000, Lea County, New Mexico; $1,000,000, Lincoln County, 
Washington; 
$250,000, 
Lycoming 
County, 
Pennsylvania; 
$250,000, Macomb County Emergency Management and 
Communications, Michigan; $300,000, Mercer County Emer-
gency Management Agency, Kentucky; $1,000,000, Middle Rio 
Grande Development Council, Texas; $250,000, Minooka Fire 
Protection District, Illinois; $800,000, Mobile County Commis-
sion, Alabama; $200,000, Monroe County, Florida; $1,000,000, 
Morris County, New Jersey Office of Emergency Management, 
New Jersey; $750,000, New Orleans Emergency Medical Serv-
ices, Louisiana; $1,000,000, North Carolina Office of Emergency 
Management, 
North 
Carolina; 
$500,000, 
North 
Hudson 
Regional Fire and Rescue, New Jersey; $980,000, North Lou-
isiana Regional, Lincoln Parish, Louisiana; $1,500,000, Ohio 
Emergency Management Agency, Columbus, Ohio; $250,000, 
Passaic County Prosecutor’s Office, New Jersey; $980,000, City 
of Providence, Rhode Island; $800,000, San Francisco Depart-
ment of Emergency Management, California; $300,000, Sara-
sota County, Florida; $650,000, Scotland County, North Caro-
lina; $500,000, Somerset County, Maine; $1,500,000, State of 
Maryland, Maryland; $158,000, City of Maitland, Florida; 
$500,000, Tohono O’odham Nation; $75,000, Towamencin Town-
ship, Pennsylvania; $275,000, Town of Harrison, New York; 
$500,000, Town of Shorter, Alabama; $750,000, Township of 
Irvington, New Jersey; $500,000, Township of Old Bridge, New 
Jersey; $247,000, Township of South Orange Village, South 
Orange, New Jersey; $500,000, Upper Darby Township Police 
Department, Pennsylvania; $165,000, Village of Elmsford, New 
York; $350,000, Washington Parish Government, Louisiana; 
$900,000, Westmoreland County Department of Public Safety, 
Pennsylvania; $1,000,000, Williamsburg County, South Caro-
lina; and $20,000, Winston County Commission, Alabama. 
(13) $267,200,000 shall be for training, exercises, technical 
assistance, and other programs, of which— 
(A) $164,500,000 shall be for the National Domestic 
Preparedness Consortium in accordance with section 1204 
of the Implementing Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1102), of which $62,500,000 
shall be for the Center for Domestic Preparedness; 
$23,000,000 shall be for the National Energetic Materials 
Research and Testing Center, New Mexico Institute of 
Mining and Technology; $23,000,000 shall be for the 
National Center for Biomedical Research and Training, 
Louisiana State University; $23,000,000 shall be for the 
National Emergency Response and Rescue Training Center, 
Texas A&M University; $23,000,000 shall be for the 
National Exercise, Test, and Training Center, Nevada Test 
Site; $5,000,000 shall be for the Natural Disaster Prepared-
ness Training Center, University of Hawaii, Honolulu, 
Hawaii; $5,000,000 shall be for surface transportation 
emergency preparedness and response training to be 
awarded under full and open competition; 
(B) $1,700,000 shall be for the Center for Counterter-
rorism and Cyber Crime, Norwich University, Northfield, 
Vermont; and 
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123 STAT. 2161 
PUBLIC LAW 111–83—OCT. 28, 2009 
(C) $3,000,000 shall be for the Rural Domestic 
Preparedness Consortium, Eastern Kentucky University: 
Provided, That 4 percent of the amounts provided under this 
heading shall be transferred to the Federal Emergency Management 
Agency ‘‘Management and Administration’’ account for program 
administration, and an expenditure plan for program administration 
shall be provided to the Committees on Appropriations of the Senate 
and the House of Representatives within 60 days after the date 
of enactment of this Act: Provided further, That notwithstanding 
section 2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 
609(a)(11)), or any other provision of law, a grantee may use not 
more than 5 percent of the amount of a grant made available 
under this heading for expenses directly related to administration 
of the grant: Provided further, That for grants under paragraphs 
(1) through (5), the applications for grants shall be made available 
to eligible applicants not later than 25 days after the date of 
enactment of this Act, that eligible applicants shall submit applica-
tions not later than 90 days after the grant announcement, and 
that the Administrator of the Federal Emergency Management 
Agency shall act within 90 days after receipt of an application: 
Provided further, That for grants under paragraphs (6) through 
(11), the applications for grants shall be made available to eligible 
applicants not later than 30 days after the date of enactment 
of this Act, that eligible applicants shall submit applications within 
45 days after the grant announcement, and that the Federal Emer-
gency Management Agency shall act not later than 60 days after 
receipt of an application: Provided further, That for grants under 
paragraphs (1) and (2), the installation of communications towers 
is not considered construction of a building or other physical facility: 
Provided further, That grantees shall provide reports on their use 
of funds, as determined necessary by the Secretary: Provided fur-
ther, That (a) the Center for Domestic Preparedness may provide 
training to emergency response providers from the Federal Govern-
ment, foreign governments, or private entities, if the Center for 
Domestic Preparedness is reimbursed for the cost of such training, 
and any reimbursement under this subsection shall be credited 
to the account from which the expenditure being reimbursed was 
made and shall be available, without fiscal year limitation, for 
the purposes for which amounts in the account may be expended, 
and (b) the head of the Center for Domestic Preparedness shall 
ensure that any training provided under (a) does not interfere 
with the primary mission of the Center to train State and local 
emergency response providers. 
FIREFIGHTER ASSISTANCE GRANTS 
For necessary expenses for programs authorized by the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$810,000,000, of which $390,000,000 shall be available to carry 
out section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall 
be available to carry out section 34 of that Act (15 U.S.C. 2229a), 
to remain available until September 30, 2011: Provided, That not 
to exceed 5 percent of the amount available under this heading 
shall be available for program administration, and an expenditure 
plan for program administration shall be provided to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives within 60 days of the date of enactment of this Act. 
Expenditure 
plan. 
Deadline. 
Reports. 
Determination. 
Deadlines. 
Deadlines. 
Expenditure 
plan. 
Deadline. 
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123 STAT. 2162 
PUBLIC LAW 111–83—OCT. 28, 2009 
EMERGENCY MANAGEMENT PERFORMANCE GRANTS 
For necessary expenses for emergency management perform-
ance grants, as authorized by the National Flood Insurance Act 
of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 
et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
$340,000,000: Provided, That total administrative costs shall not 
exceed 3 percent of the total amount appropriated under this 
heading, and an expenditure plan for program administration shall 
be provided to the Committees on Appropriations of the Senate 
and the House of Representatives within 60 days of the date of 
enactment of this Act. 
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 
The aggregate charges assessed during fiscal year 2010, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appro-
priations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 
percent of the amounts anticipated by the Department of Homeland 
Security necessary for its radiological emergency preparedness pro-
gram for the next fiscal year: Provided, That the methodology 
for assessment and collection of fees shall be fair and equitable 
and shall reflect costs of providing such services, including adminis-
trative costs of collecting such fees: Provided further, That fees 
received under this heading shall be deposited in this account 
as offsetting collections and will become available for authorized 
purposes on October 1, 2010, and remain available until expended. 
UNITED STATES FIRE ADMINISTRATION 
For necessary expenses of the United States Fire Administra-
tion and for other purposes, as authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 
$45,588,000. 
DISASTER RELIEF 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), $1,600,000,000, to remain available until expended: Pro-
vided, That the Federal Emergency Management Agency shall 
submit an expenditure plan to the Committees on Appropriations 
of the Senate and the House of Representatives detailing the use 
of the funds for disaster readiness and support within 60 days 
after the date of enactment of this Act: Provided further, That 
the Federal Emergency Management Agency shall submit to such 
Committees a quarterly report detailing obligations against the 
expenditure plan and a justification for any changes in spending: 
Provided further, That of the total amount provided, $16,000,000 
shall be transferred to the Department of Homeland Security Office 
of Inspector General for audits and investigations related to disas-
ters, subject to section 503 of this Act: Provided further, That 
Deadlines. 
Reports. 
Expenditure 
plan. 
Deadline. 
Fees. 
Effective date. 
Expenditure 
plan. 
Deadline. 
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123 STAT. 2163 
PUBLIC LAW 111–83—OCT. 28, 2009 
$105,600,000 shall be transferred to Federal Emergency Manage-
ment Agency ‘‘Management and Administration’’ for management 
and administration functions: Provided further, That the amount 
provided in the previous proviso shall not be available for transfer 
to ‘‘Management and Administration’’ until the Federal Emergency 
Management Agency submits an expenditure plan to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives: Provided further, That the Federal Emergency Management 
Agency shall submit the monthly ‘‘Disaster Relief’’ report, as speci-
fied in Public Law 110–161, to the Committees on Appropriations 
of the Senate and the House of Representatives, and include the 
amounts provided to each Federal agency for mission assignments: 
Provided further, That for any request for reimbursement from 
a Federal agency to the Department of Homeland Security to cover 
expenditures under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.), or any mission 
assignment orders issued by the Department for such purposes, 
the Secretary of Homeland Security shall take appropriate steps 
to ensure that each agency is periodically reminded of Department 
policies on— 
(1) the detailed information required in supporting docu-
mentation for reimbursements; and 
(2) the necessity for timeliness of agency billings. 
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT 
For activities under section 319 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5162), 
$295,000 is for the cost of direct loans: Provided, That gross obliga-
tions for the principal amount of direct loans shall not exceed 
$25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a). 
FLOOD MAP MODERNIZATION FUND 
For necessary expenses under section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and 
such additional sums as may be provided by State and local govern-
ments or other political subdivisions for cost-shared mapping activi-
ties under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), 
to remain available until expended: Provided, That total administra-
tive costs shall not exceed 3 percent of the total amount appro-
priated under this heading. 
NATIONAL FLOOD INSURANCE FUND 
For activities under the National Flood Insurance Act of 1968 
(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4001 et seq.), $146,000,000, which shall be 
derived from offsetting collections assessed and collected under 
section 1308(d) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4015(d)), which is available as follows: (1) not to exceed 
$38,680,000 for salaries and expenses associated with flood mitiga-
tion and flood insurance operations; and (2) no less than 
$107,320,000 for flood plain management and flood mapping, which 
shall remain available until September 30, 2011: Provided, That 
any additional fees collected pursuant to section 1308(d) of the 
Deadlines. 
Reports. 
Expenditure 
plan. 
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123 STAT. 2164 
PUBLIC LAW 111–83—OCT. 28, 2009 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall 
be credited as an offsetting collection to this account, to be available 
for flood plain management and flood mapping: Provided further, 
That in fiscal year 2010, no funds shall be available from the 
National Flood Insurance Fund under section 1310 of that Act 
(42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating expenses; 
(2) $969,370,000 for commissions and taxes of agents; (3) such 
sums as are necessary for interest on Treasury borrowings; and 
(4) $120,000,000, which shall remain available until expended for 
flood mitigation actions, of which $70,000,000 is for severe repetitive 
loss properties under section 1361A of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive 
insurance claims properties under section 1323 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4030), and of which 
$40,000,000 is for flood mitigation assistance under section 1366 
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 
notwithstanding subparagraphs (B) and (C) of subsection (b)(3) 
and subsection (f) of section 1366 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7) 
of section 1310 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4017): Provided further, That amounts collected under sec-
tion 102 of the Flood Disaster Protection Act of 1973 and section 
1366(i) of the National Flood Insurance Act of 1968 shall be depos-
ited in the National Flood Insurance Fund to supplement other 
amounts specified as available for section 1366 of the National 
Flood Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8), 
4104c(i), and 4104d(b)(2)–(3): Provided further, That total adminis-
trative costs shall not exceed 4 percent of the total appropriation. 
NATIONAL PREDISASTER MITIGATION FUND 
For the predisaster mitigation grant program under section 
203 of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5133), $100,000,000, to remain available until 
expended and to be obligated as detailed in the joint explanatory 
statement accompanying this Act: Provided, That the total adminis-
trative costs associated with such grants shall not exceed 3 percent 
of the total amount made available under this heading. 
EMERGENCY FOOD AND SHELTER 
To carry out the emergency food and shelter program pursuant 
to title III of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11331 et seq.), $200,000,000, to remain available until 
expended: Provided, That total administrative costs shall not exceed 
3.5 percent of the total amount made available under this heading. 
TITLE IV 
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES 
For necessary expenses for citizenship and immigration serv-
ices, $224,000,000, of which $50,000,000 is for processing applica-
tions for asylum or refugee status; of which $5,000,000 is for the 
processing of military naturalization applications; and of which 
$137,000,000 is for the basic pilot program (E-Verify Program), 
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123 STAT. 2165 
PUBLIC LAW 111–83—OCT. 28, 2009 
as authorized by section 402 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
to assist United States employers with maintaining a legal 
workforce: Provided, That of the amounts made available for the 
basic pilot program (E-Verify Program), $30,000,000 shall remain 
available until September 30, 2011: Provided further, That notwith-
standing any other provision of law, funds available to United 
States Citizenship and Immigration Services may be used to 
acquire, operate, equip, and dispose of up to five vehicles, for 
replacement only, for areas where the Administrator of General 
Services does not provide vehicles for lease: Provided further, That 
the Director of United States Citizenship and Immigration Services 
may authorize employees who are assigned to those areas to use 
such vehicles to travel between the employees’ residences and places 
of employment: Provided further, That none of the funds made 
available under this heading may be obligated for processing 
applications for asylum or refugee status unless the Secretary of 
Homeland Security has published a final rule updating part 103 
of title 8, Code of Federal Regulations, to discontinue the asylum/ 
refugee surcharge: Provided further, That none of the funds made 
available under this heading may be obligated for development 
of the ‘‘REAL ID hub’’ until the Committees on Appropriations 
of the Senate and the House of Representatives receive a plan 
for expenditure for that program that describes the strategic context 
of the program, the specific goals and milestones set for the pro-
gram, and the funds allocated for achieving each of these goals 
and milestones: Provided further, That none of the funds made 
available in this Act for grants for immigrant integration may 
be used to provide services to aliens who have not been lawfully 
admitted for permanent residence. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforcement 
Training Center, including materials and support costs of Federal 
law enforcement basic training; the purchase of not to exceed 117 
vehicles for police-type use and hire of passenger motor vehicles; 
expenses for student athletic and related activities; the conduct 
of and participation in firearms matches and presentation of 
awards; public awareness and enhancement of community support 
of law enforcement training; room and board for student interns; 
a flat monthly reimbursement to employees authorized to use per-
sonal mobile phones for official duties; and services as authorized 
by section 3109 of title 5, United States Code; $239,356,000, of 
which up to $47,751,000 shall remain available until September 
30, 2011, for materials and support costs of Federal law enforcement 
basic training; of which $300,000 shall remain available until 
expended for Federal law enforcement agencies participating in 
training accreditation, to be distributed as determined by the Fed-
eral Law Enforcement Training Center for the needs of participating 
agencies; and of which not to exceed $12,000 shall be for official 
reception and representation expenses: Provided, That the Center 
is authorized to obligate funds in anticipation of reimbursements 
from agencies receiving training sponsored by the Center, except 
that total obligations at the end of the fiscal year shall not exceed 
Aliens. 
Expenditure 
plan. 
Refugees. 
Regulations. 
Federal Register, 
publication. 
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123 STAT. 2166 
PUBLIC LAW 111–83—OCT. 28, 2009 
total budgetary resources available at the end of the fiscal year: 
Provided further, That section 1202(a) of Public Law 107–206 (42 
U.S.C. 3771 note), as amended by Public Law 110–329 (122 Stat. 
3677), is further amended by striking ‘‘December 31, 2011’’ and 
inserting ‘‘December 31, 2012’’: Provided further, That the Federal 
Law Enforcement Training Accreditation Board, including rep-
resentatives from the Federal law enforcement community and 
non-Federal accreditation experts involved in law enforcement 
training, shall lead the Federal law enforcement training accredita-
tion process to continue the implementation of measuring and 
assessing the quality and effectiveness of Federal law enforcement 
training programs, facilities, and instructors: Provided further, That 
the Director of the Federal Law Enforcement Training Center shall 
schedule basic or advanced law enforcement training, or both, at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that such training facilities 
are operated at the highest capacity throughout the fiscal year. 
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For acquisition of necessary additional real property and facili-
ties, construction, and ongoing maintenance, facility improvements, 
and related expenses of the Federal Law Enforcement Training 
Center, $43,456,000, to remain available until expended: Provided, 
That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction 
of special use facilities. 
SCIENCE AND TECHNOLOGY 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Office of the Under Secretary 
for Science and Technology and for management and administration 
of programs and activities, as authorized by title III of the Home-
land Security Act of 2002 (6 U.S.C. 181 et seq.), $143,200,000: 
Provided, That not to exceed $10,000 shall be for official reception 
and representation expenses. 
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS 
For necessary expenses for science and technology research, 
including advanced research projects; development; test and evalua-
tion; acquisition; and operations; as authorized by title III of the 
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $863,271,000, 
of which $713,083,000, to remain available until September 30, 
2012; and of which $150,188,000, to remain available until Sep-
tember 30, 2014, solely for Laboratory Facilities: Provided, That 
not less than $20,865,000 shall be available for the Southeast 
Region Research Initiative at the Oak Ridge National Laboratory: 
Provided further, That not less than $3,000,000 shall be available 
for Distributed Environment for Critical Infrastructure Decision-
making Exercises: Provided further, That not less than $12,000,000 
shall be for construction expenses of the Pacific Northwest National 
Laboratory: Provided further, That not less than $2,000,000 shall 
be for the Cincinnati Urban Area partnership established through 
the Regional Technology Integration Initiative: Provided further, 
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123 STAT. 2167 
PUBLIC LAW 111–83—OCT. 28, 2009 
That not less than $10,000,000 shall be available for the National 
Institute for Hometown Security, Kentucky: Provided further, That 
not less than $2,000,000 shall be available for the Naval Post-
graduate School: Provided further, That not less than $1,000,000 
shall be available to continue a homeland security research, develop-
ment, and manufacturing pilot project: Provided further, That not 
less than $500,000 shall be available for a demonstration project 
to develop situational awareness and decision support capabilities 
through remote sensing technologies: Provided further, That not 
less than $4,000,000 shall be available for a pilot program to develop 
a replicable port security system that would improve maritime 
domain awareness: Provided further, That $32,000,000 shall be 
for the National Bio- and Agro-defense Facility, of which up to 
$2,000,000 may be obligated for the National Academy of Sciences 
to complete the Letter Report required in section 560(b) of this 
Act. 
DOMESTIC NUCLEAR DETECTION OFFICE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Domestic Nuclear Detection 
Office as authorized by title XIX of the Homeland Security Act 
of 2002 (6 U.S.C. 591 et seq.) as amended, for management and 
administration of programs and activities, $38,500,000: Provided, 
That not to exceed $3,000 shall be for official reception and rep-
resentation expenses. 
RESEARCH, DEVELOPMENT, AND OPERATIONS 
For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $324,537,000, to 
remain available until September 30, 2012. 
SYSTEMS ACQUISITION 
For expenses for the Domestic Nuclear Detection Office acquisi-
tion and deployment of radiological detection systems in accordance 
with the global nuclear detection architecture, $20,000,000, to 
remain available until September 30, 2012: 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 Homeland Secu-
rity submits to the Committees on Appropriations of the Senate 
and the House of Representatives a report certifying that a signifi-
cant increase in operational effectiveness will be achieved by such 
obligation: Provided further, That the Secretary shall submit sepa-
rate and distinct certifications prior to the procurement of Advanced 
Spectroscopic Portal monitors for primary and secondary deploy-
ment that address the unique requirements for operational effective-
ness of each type of deployment: Provided further, That the Sec-
retary shall continue to consult with the National Academy of 
Sciences before 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 mutually 
dependent software and hardware. 
Consultation. 
Reports. 
Certifications. 
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123 STAT. 2168 
PUBLIC LAW 111–83—OCT. 28, 2009 
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 pursuant to this Act, may be merged 
with funds in the applicable established accounts, and thereafter 
may be accounted for as one fund for the same time period as 
originally enacted. 
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 year 2010, or provided from 
any accounts in the Treasury of the United States derived by 
the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a re-
programming of funds that: (1) creates a new program, project, 
or activity; (2) eliminates a program, project, office, or activity; 
(3) increases 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 either of the Commit-
tees on Appropriations of the Senate or the House of Representa-
tives for a different purpose; or (5) contracts out any function 
or activity for which funding levels were requested for Federal 
full-time equivalents in the object classification tables contained 
in the fiscal year 2010 Budget Appendix for the Department of 
Homeland Security, as modified by the joint explanatory statement 
accompanying 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 transferred to the Depart-
ment of Homeland Security that remain available for obligation 
or expenditure in fiscal year 2010, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees or proceeds available to the agencies funded by this Act, 
shall be available for obligation or expenditure for programs, 
projects, or activities through a reprogramming of funds in excess 
of $5,000,000 or 10 percent, whichever is less, that: (1) augments 
existing programs, projects, or activities; (2) reduces by 10 percent 
funding for any existing program, project, or activity, or numbers 
of personnel by 10 percent as approved by the Congress; or (3) 
results from any general savings from a reduction in personnel 
that would result in a change in existing programs, projects, or 
activities as approved by the Congress, unless the Committees 
on Appropriations of the Senate and the House of Representatives 
are notified 15 days in advance of such reprogramming of funds. 
(c) Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Department of Homeland Security 
by this Act or provided by previous appropriations Acts may be 
Notifications. 
Deadlines. 
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123 STAT. 2169 
PUBLIC LAW 111–83—OCT. 28, 2009 
transferred between such appropriations, but no such appropriation, 
except as otherwise specifically provided, shall be increased by 
more than 10 percent by such transfers: Provided, That any transfer 
under this section shall be treated as a reprogramming of funds 
under subsection (b) and shall not be available for obligation unless 
the Committees on Appropriations of the 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 Cap-
ital 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 Depart-
ment of Homeland Security may be used to make payments to 
the Working Capital Fund, except for the activities and amounts 
allowed 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 further, 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 Capital 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 will return 
the full cost of each service: Provided further, That the Working 
Capital Fund shall be subject to the requirements of section 503 
of this Act. 
SEC. 505. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2010 from appropriations for salaries 
and expenses for fiscal year 2010 in this Act shall remain available 
through September 30, 2011, in the account and for the purposes 
for which the appropriations were provided: Provided, That prior 
to the obligation of such funds, a request shall be submitted to 
the Committees on Appropriations of the Senate and the House 
of Representatives for approval in accordance with section 503 
of this Act. 
SEC. 506. Funds made available by this Act for intelligence 
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, grant award, contract award, 
Other Transaction Agreement, a task or delivery order on a Depart-
ment of Homeland Security multiple award contract, 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 notifies the Committees on Appropriations 
of the Senate and the House of Representatives at least 3 full 
business days in advance of making such an award or issuing 
such a letter: Provided, That if the Secretary of Homeland Security 
Grants. 
Contracts. 
Notification. 
Deadlines. 
Approval request. 
31 USC 1501 
note. 
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123 STAT. 2170 
PUBLIC LAW 111–83—OCT. 28, 2009 
determines that compliance with this section would pose a substan-
tial risk to human life, health, or safety, an award may be made 
without notification and the Committees 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 
Committees on Appropriations of the Senate and the House of 
Representatives 5 full business days in advance of announcing 
publicly the intention of making an award under ‘‘State and Local 
Programs’’. 
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 enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and 
the House of Representatives, except that the Federal Law Enforce-
ment 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, except that necessary funds may 
be expended for each project for required expenses for the develop-
ment of a proposed prospectus. 
SEC. 510. Sections 519, 520, 522, 528, 530, and 531 of the 
Department of Homeland Security Appropriations Act, 2008 (divi-
sion 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 provisions of the Buy 
American Act (41 U.S.C. 10a et seq.). 
SEC. 512. 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. 513. None of the funds appropriated by this Act may 
be used to process or approve a competition under Office of Manage-
ment and Budget Circular A–76 for services provided as of June 
1, 2004, by employees (including employees serving on a temporary 
or term basis) of United States Citizenship and Immigration Serv-
ices of the Department of Homeland Security who are known as 
of that date as Immigration Information Officers, Contact Rep-
resentatives, or Investigative Assistants. 
SEC. 514. (a) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with air car-
riers 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 incrementally each quarter until 
the requirement of section 44901(g)(2)(B) of title 49 is met. 
Deadlines. 
Reports. 
Air carriers and 
airports. 
Applicability. 
Contracts. 
Briefing. 
Deadline. 
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123 STAT. 2171 
PUBLIC LAW 111–83—OCT. 28, 2009 
(b) Not later than 45 days after the end of each quarter, 
the Assistant Secretary shall submit to the Committees on Appro-
priations 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 requirement of 
section 44901(g)(2)(B) of title 49, United States Code. 
(c) Not later than 180 days after the date of the enactment 
of this Act, the Assistant Secretary 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 
aircraft 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 commensurate with the level of security 
for the screening of passenger checked baggage. 
SEC. 515. 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 Appropriations of the Senate 
and the House of Representatives 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 contract employees for each office of the Department. 
SEC. 516. Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to Transpor-
tation Security Administration ‘‘Aviation Security’’, ‘‘Administra-
tion’’ 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 systems, 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 Representatives on any funds that are 
recovered or deobligated. 
SEC. 517. Any funds appropriated to Coast Guard ‘‘Acquisition, 
Construction, and Improvements’’ for fiscal years 2002, 2003, 2004, 
2005, and 2006 for the 110–123 foot patrol boat conversion that 
are recovered, collected, or otherwise received as the result of nego-
tiation, mediation, or litigation, shall be available until expended 
for the Replacement Patrol Boat (FRC–B) program. 
SEC. 518. (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 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 collaborate with 
employee representatives in the manner prescribed 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 developed, 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. 519. Section 532(a) of Public Law 109–295 (120 Stat. 
1384) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 
Collaboration. 
Deadline. 
Reports. 
Notification. 
Deadline. 
Reports. 
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123 STAT. 2172 
PUBLIC LAW 111–83—OCT. 28, 2009 
SEC. 520. The functions of the Federal Law Enforcement 
Training Center instructor staff shall be classified as inherently 
governmental for the purpose of the Federal Activities Inventory 
Reform Act of 1998 (31 U.S.C. 501 note). 
SEC. 521. (a) Except as provided in subsection (b), none of 
the funds appropriated in this or any other Act to the Office of 
the Secretary and Executive Management, the Office of the Under 
Secretary for Management, or the Office of the Chief Financial 
Officer, may be obligated for a grant or contract funded under 
such headings by any means other than full and open competition. 
(b) Subsection (a) does not apply to obligation of funds for 
a contract awarded— 
(1) by a means that is required by a Federal statute, 
including obligation for a purchase made under a mandated 
preferential program, including the AbilityOne Program, that 
is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 
46 et seq.); 
(2) pursuant to the Small Business Act (15 U.S.C. 631 
et seq.); 
(3) in an amount less than the simplified acquisition 
threshold described under section 302A(a) of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
252a(a)); or 
(4) by another Federal agency using funds provided through 
an interagency agreement. 
(c)(1) Subject to paragraph (2), the Secretary of Homeland 
Security may waive the application of this section 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 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 subsections 
(a), (b), and (c) of this section, the Inspector General of the Depart-
ment of Homeland Security shall review departmental contracts 
awarded through means other than a full and open competition 
to assess departmental compliance with applicable laws and regula-
tions: Provided, That the Inspector General shall review selected 
contracts awarded in the previous fiscal year through means other 
than a full and open competition: Provided further, That in selecting 
which contracts to review, the Inspector 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 Depart-
ment 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 
Inspector 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. 522. Except as provided in paragraphs (1) and (2) of 
this section, none of the funds provided by this or previous appro-
priations Acts shall be used to fund any position designated as 
Waiver authority. 
Reports. 
Deadline. 
Review. 
Deadline. 
Notification. 
Waiver authority. 
Grants. 
Contracts. 
Classified 
information. 
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123 STAT. 2173 
PUBLIC LAW 111–83—OCT. 28, 2009 
a Principal Federal Official, or any successor position, for any 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) declared disasters or emergencies— 
(1) The Secretary of Homeland Security may waive the 
application of this section provided that any field position 
appointed pursuant to this waiver shall not hold the title of 
Principal Federal Official, shall functionally report through the 
Federal Coordinating Officer appointed under section 302 of 
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5143), and shall be subject to the provisions 
of subsection (c) of section 319 of title 6, United States Code. 
The Secretary may not delegate the authority to grant such 
a waiver. 
(2) Not later than 10 business days after the date on 
which the Secretary of Homeland Security issues a waiver 
under this section, the Secretary shall submit notification of 
that waiver to the Committees on Appropriations of the Senate 
and the House of Representatives, the Transportation and 
Infrastructure Committee of the House of Representatives, and 
the Homeland Security and Governmental Affairs Committee 
of the Senate explaining the circumstances necessitating the 
waiver, describing the specific role of any officials appointed 
pursuant to the waiver, and outlining measures taken to ensure 
compliance with subsection (c) of section 319 and subsections 
(c)(3) and (c)(4)(A) of section 313 of title 6, United States 
Code. 
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 Administration) reverses the determina-
tion of July 19, 2007, that butane 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 Program of the Coast 
Guard nationwide, including civil engineering 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. 525. 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. 526. None of the funds made available in this Act may 
be used by United States Citizenship and Immigration 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. 
Equine. 
Butane lighters. 
Deadline. 
Notification. 
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123 STAT. 2174 
PUBLIC LAW 111–83—OCT. 28, 2009 
SEC. 528. 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 Processing and Storage) 
until the Chief Information Officer certifies that Data Center One 
is fully utilized as the Department’s primary data storage center 
at the highest capacity throughout the fiscal year. 
SEC. 529. None of the funds in this Act shall be used to 
reduce the United States Coast Guard’s Operations Systems Center 
mission or its government-employed or contract staff levels. 
SEC. 530. 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 Docu-
mentation Center. 
SEC. 531. Section 831 of the Homeland Security Act of 2002 
(6 U.S.C. 391) is amended— 
(1) in subsection (a), by striking ‘‘Until September 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. 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 Office of 
the Secretary and Executive Management under this Act may be 
expended for any new hires by the Department of Homeland Secu-
rity that are not verified through the basic pilot program (E-Verify 
Program) under section 401 of the Illegal Immigration 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 importing a prescription drug from Canada 
that complies with the Federal Food, Drug, and Cosmetic Act: 
Provided, That this section shall apply only to individuals trans-
porting 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 regulation which implements 
the Notice of Proposed Rulemaking related to Petitions for Aliens 
To Perform Temporary Nonagricultural Services or Labor (H–2B) 
set out beginning on 70 Fed. Reg. 3984 (January 27, 2005). 
SEC. 536. The Secretary of Homeland Security, in consultation 
with the Secretary of the Treasury, shall notify 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 
Notification. 
Applicability. 
Drugs and drug 
abuse. 
Contracts. 
Certification. 
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123 STAT. 2175 
PUBLIC LAW 111–83—OCT. 28, 2009 
102–393) from the Department of the Treasury Forfeiture Fund 
to any agency within the Department of Homeland Security: Pro-
vided, That none of the funds identified for such a transfer may 
be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives approve the proposed transfers. 
SEC. 537. None of the funds made available in this Act may 
be used for planning, testing, piloting, or developing a national 
identification card. 
SEC. 538. If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an air-
port does not need to participate in the basic pilot program (E- 
Verify Program) under section 402 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), the Assistant Secretary shall certify 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. (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 Govern-
mental 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 information used to determine whether to 
declare a major disaster. 
(b) The Administrator may redact from a report under sub-
section (a) any data that the Administrator determines would com-
promise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Administrator 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. 540. 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 operations, subject to such terms and conditions as necessary 
to protect government interests and meet program requirements: 
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, 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 remediation at Plum Island, 
and reimbursement of expenses incurred by the General Services 
Administration which shall not exceed 1 percent of the sale price 
or $5,000,000, whichever is greater: Provided further, That after 
Notification. 
Deadline. 
New York. 
Real property. 
Definitions. 
Deadline. 
President. 
Web posting. 
Reports. 
Certification. 
National 
identification 
card. 
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123 STAT. 2176 
PUBLIC LAW 111–83—OCT. 28, 2009 
the completion of construction and environmental remediation, the 
unexpended balances of funds appropriated for costs in the pre-
ceding proviso shall be available for transfer to the appropriate 
account for design and construction of a consolidated Department 
of Homeland Security Headquarters project, excluding daily oper-
ations and maintenance costs, notwithstanding section 503 of this 
Act, and the Committees on Appropriations of the Senate and 
the House of Representatives shall be notified 15 days prior to 
such transfer. 
SEC. 541. 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 Adjutant Gen-
eral’s Office of Emergency Preparedness the following: 
‘‘Town of Branchville, SC ..............................................
1,500,000’’; 
and 
(5) by striking ‘‘Public Works Department of the City of 
Santa Cruz, CA’’ and inserting ‘‘Monterey County Water 
Resources Agency, CA’’. 
SEC. 542. 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 delegate such authority 
to perform that act unless specifically authorized herein. 
SEC. 543. 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 ‘‘Sep-
tember 30, 2010’’. 
SEC. 544. (a) Not later than 3 months after the date of enact-
ment of this Act, the Secretary of Homeland Security shall consult 
with the Secretaries of Defense and Transportation and develop 
a concept of operations for unmanned aircraft systems in the United 
States national airspace system for the purposes of border and 
maritime security 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 sub-
section (a). 
SEC. 545. From unobligated amounts that are available 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 Home-
land Security shall use such sums as may be necessary to make 
improvements to the land along the northern portion of Sector 
Deadlines. 
Consultation. 
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123 STAT. 2177 
PUBLIC LAW 111–83—OCT. 28, 2009 
Buffalo to enhance public access to the Buffalo Lighthouse and 
the waterfront. 
SEC. 546. For fiscal year 2010 and thereafter, the Secretary 
may provide to personnel appointed or assigned to serve abroad, 
allowances and benefits similar to those provided under chapter 
9 of title I of the Foreign Service Act of 1990 (22 U.S.C. 4081 
et seq.). 
SEC. 547. Section 401(b) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended by striking ‘‘at the end of the 11-year period beginning 
on the first day the pilot program is in effect.’’ and inserting 
‘‘on September 30, 2012.’’. 
SEC. 548. Section 610(b) of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1993 (8 U.S.C. 1153 note) is amended by striking ‘‘for 
15 years’’ and inserting ‘‘until September 30, 2012’’. 
SEC. 549. (a) 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) Subsection (a) shall be construed to apply for fiscal year 
1998 and each fiscal year thereafter. 
SEC. 550. Section 550(b) of the Department of Homeland Secu-
rity Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 
note) is amended by striking ‘‘three years after the date of enact-
ment of this Act’’ and inserting ‘‘on October 4, 2010’’. 
SEC. 551. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), 
and 405(b)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1324a note) are amended by striking ‘‘basic pilot program’’ 
each place that term appears and inserting ‘‘E-Verify Program’’. 
(2) The heading of section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 is amended by 
striking ‘‘Basic Pilot’’ and inserting ‘‘E-Verify’’. 
(b) Section 404(h)(1) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 
1324a note) is amended by striking ‘‘under a pilot program’’ and 
inserting ‘‘under this subtitle’’. 
SEC. 552. (a) None of the funds made available in this or 
any other Act may be used to release an individual who is detained, 
as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 
into the continental United States, Alaska, Hawaii, or the District 
of Columbia, into any of the United States territories of Guam, 
American Samoa (AS), the United States Virgin Islands (USVI), 
the Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI). 
(b) None of the funds made available in this or any other 
Act may be used to transfer an individual who is detained, as 
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 
the continental United States, Alaska, Hawaii, or the District of 
Columbia, into any of the United States territories of Guam, Amer-
ican Samoa (AS), the United States Virgin Islands (USVI), the 
Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI), for the purpose of detention, 
except as provided in subsection (c). 
Detainees. 
Cuba. 
Applicability. 
8 USC 1254b. 
6 USC 416. 
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123 STAT. 2178 
PUBLIC LAW 111–83—OCT. 28, 2009 
(c) None of the funds made available in this or any other 
Act may be used to transfer an individual who is detained, as 
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 
the continental United States, Alaska, Hawaii, or the District of 
Columbia, into any of the United States territories of Guam, Amer-
ican Samoa (AS), the United States Virgin Islands (USVI), the 
Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI), for the purposes of prosecuting 
such individual, or detaining such individual during legal pro-
ceedings, until 45 days after the plan described in subsection (d) 
is received. 
(d) The President shall submit to Congress, in classified form, 
a plan regarding the proposed disposition of any individual covered 
by subsection (c) who is detained as of June 24, 2009. Such plan 
shall include, at a minimum, each of the following for each such 
individual: 
(1) A determination of the risk that the individual might 
instigate an act of terrorism within the continental United 
States, Alaska, Hawaii, the District of Columbia, or the United 
States territories if the individual were so transferred. 
(2) A determination of the risk that the individual might 
advocate, coerce, or incite violent extremism, ideologically moti-
vated criminal activity, or acts of terrorism, among inmate 
populations at incarceration 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. 
(3) The costs associated with transferring the individual 
in question. 
(4) The legal rationale and associated court demands for 
transfer. 
(5) A plan for mitigation of any risks described in para-
graphs (1), (2), and (7). 
(6) A copy of a notification to the Governor of the State 
to which the individual will be transferred, to the Mayor of 
the District of Columbia if the individual will be transferred 
to the District of Columbia, or to any United States territories 
with a certification by the Attorney General of the United 
States in classified form at least 14 days prior to such transfer 
(together with supporting documentation and justification) that 
the individual poses little or no security risk to the United 
States. 
(7) An assessment of any risk to the national security 
of the United States or its citizens, including members of the 
Armed Services of the United States, that is posed by such 
transfer and the actions taken to mitigate such risk. 
(e) None of the funds made available in this or any other 
Act may be used to transfer or release an individual detained 
at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, 
to the country of such individual’s nationality or last habitual 
residence or to any other country other than the United States 
or to a freely associated State, unless the President submits to 
the Congress, in classified form, at least 15 days prior to such 
transfer or release, the following information: 
(1) The name of any individual to be transferred or released 
and the country or the freely associated State to which such 
individual is to be transferred or released. 
President. 
Classified 
information. 
Deadline. 
Notification. 
Deadline. 
President. 
Classified 
information. 
Disposition plan. 
Deadline. 
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123 STAT. 2179 
PUBLIC LAW 111–83—OCT. 28, 2009 
(2) An assessment of any risk to the national security 
of the United States or its citizens, including members of the 
Armed Services of the United States, that is posed by such 
transfer or release and the actions taken to mitigate such 
risk. 
(3) The terms of any agreement with the country or the 
freely associated State for the acceptance of such individual, 
including the amount of any financial assistance related to 
such agreement. 
(f) 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 or any of the United States territories, 
parole into the United States or any of the United States territories 
(other than parole for the purposes of prosecution and related 
detention), or classification as a refugee or applicant for asylum) 
to any individual who is detained, as of June 24, 2009, at Naval 
Station, Guantanamo Bay, Cuba. 
(g) In this section, the term ‘‘freely associated States’’ means 
the Federated States of Micronesia (FSM), the Republic of the 
Marshall Islands (RMI), and the Republic of Palau. 
(h) Prior to the termination of detention operations at Naval 
Station, Guantanamo Bay, Cuba, the President shall submit to 
the Congress a report in classified form describing the disposition 
or legal status of each individual detained at the facility as of 
the date of enactment of this Act. 
SEC. 553. 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 coordination with the Ter-
rorist 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 citi-
zens, or its allies. For purposes of this clause, the 
term ‘detainee’ means an individual in the custody 
or under the physical control of the United States 
as a result of armed conflict.’’. 
SEC. 554. For fiscal year 2010 and thereafter, the Secretary 
of Homeland Security may collect fees from any non-Federal partici-
pant in a conference, seminar, exhibition, symposium, or similar 
meeting conducted by the Department 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 con-
ference or to reimburse the Department for costs incurred 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 Secretary 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 collections and a 
Reports. 
Deadline. 
Fees. 
6 USC 469a. 
Definition. 
Cuba. 
President. 
Certification. 
President. 
Reports. 
Classified 
information. 
Definition. 
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123 STAT. 2180 
PUBLIC LAW 111–83—OCT. 28, 2009 
summary by agency of the purposes and levels of expenditures 
for the prior fiscal year, and shall report annually thereafter. 
SEC. 555. For purposes of section 210C of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 124j) a rural area shall also include 
any area that is located in a metropolitan statistical 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. 556. 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 Federal Regulations. 
SEC. 557. None of the funds made available in this Act may 
be used to propose or effect a disciplinary or adverse action, with 
respect to any Department of Homeland Security employee who 
engages regularly with the public in the performance of his or 
her official duties solely because that employee elects to utilize 
protective equipment or measures, including but not limited to 
surgical masks, N95 respirators, gloves, or hand-sanitizers, where 
use of such equipment or measures is in accord with Department 
of Homeland Security policy, and Centers for Disease Control and 
Prevention and Office of Personnel Management guidance. 
SEC. 558. 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)). 
SEC. 559. (a) Subject to subsection (b), none of the funds appro-
priated or otherwise made available by this Act may be available 
to operate the Loran-C signal after January 4, 2010. 
(b) The limitation in subsection (a) shall take effect only if: 
(1) the Commandant of the Coast Guard certifies that 
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 Secretary of Homeland Security certifies that the 
Loran-C system infrastructure is not needed as a backup to 
the Global Positioning System or to meet any other Federal 
navigation requirement. 
(c) If the certifications described in subsection (b) are made, 
the Coast Guard shall, commencing 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 certifications pursuant 
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 decommis-
sioning of the Loran-C system infrastructure in the event of the 
decommissioning of such infrastructure in accordance with sub-
section (c). 
(e) If the certifications described in subsection (b) are made, 
the Secretary of Homeland Security, acting through the Com-
mandant of the Coast Guard, may, notwithstanding any other provi-
sion of law, sell any real and personal property under the adminis-
trative control of the Coast Guard and used for the Loran-C system, 
by directing the Administrator of General Services to sell such 
real and personal property, subject to such terms and conditions 
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 
Deadline. 
Reports. 
Certifications. 
Termination 
date. 
Urban and rural 
areas. 
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123 STAT. 2181 
PUBLIC LAW 111–83—OCT. 28, 2009 
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 
expended for environmental compliance and restoration purposes 
associated with the Loran-C system, for the costs of securing and 
maintaining equipment that may be used as a backup to the Global 
Positioning System or to meet any other Federal navigation require-
ment, 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 incurred by 
the General Services Administration: Provided further, That after 
the completion of such activities, the unexpended balances shall 
be available for any other environmental compliance and restoration 
activities of the Coast Guard. 
SEC. 560. (a) None of the funds made available by this Act 
may be obligated for construction of the National Bio- and Agro- 
defense Facility on the United States mainland until 30 days after 
the later of: 
(1) the date on which the Secretary of Homeland Security 
submits to the Committee on Appropriations of the Senate 
and the House of Representatives a site-specific bio-safety and 
bio-security mitigation risk assessment, which includes an 
integrated set of analyses using plume modeling and epidemio-
logic impact modeling, to determine the requirements necessary 
to ensure safe operation of the National Bio- and Agro-defense 
Facility at the approved Manhattan, Kansas, site identified 
in the January 16, 2009, record of decision published in Federal 
Register Vol. 74, Number 11, and the results of the National 
Academy of Sciences’ review of the risk assessment as described 
in paragraph (b): Provided, That the integrated set of analyses 
is to determine the extent of the dispersion of the foot-and- 
mouth virus following a potential laboratory spill, the potential 
spread of foot-and-mouth disease in the surrounding susceptible 
animal population, and its economic impact: Provided further, 
That the integrated set of analyses should also take into account 
specific local, State, and national risk mitigation strategies; 
or 
(2) the date on which the Secretary of Homeland Security, 
in coordination with the Secretary of Agriculture, submits to 
the Committees on Appropriations of the Senate and 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 emergency response 
plan with city, regional, and State officials in the event 
of an accidental release of foot-and-mouth disease or 
another hazardous pathogen. 
(b) With regard to the integrated set of analyses included 
in the mitigation risk assessment required under paragraph (a)(1), 
the Secretary of Homeland Security shall enter into a contract 
with the National Academy of Sciences to evaluate the mitigation 
risk assessment required by subsection (a)(1) of this section and 
to submit a Letter Report: Provided, That such contract shall be 
Contracts. 
Reports. 
Plans. 
Reports. 
Risk assessment. 
Kansas. 
Diseases. 
Deadlines. 
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123 STAT. 2182 
PUBLIC LAW 111–83—OCT. 28, 2009 
entered into within 90 days from the date of enactment of this 
Act, and the National Academy of Sciences shall complete its assess-
ment and submit its Letter Report within four months after the 
date the Department of Homeland Security concludes the risk 
assessment. 
SEC. 561. (a) SHORT TITLE.—This section may be cited as the 
‘‘American Communities’ Right to Public Information 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 section 
or sections 70102, 70104, and 70108 is not required to be 
disclosed to the public, including— 
‘‘(A) facility security plans, vessel security plans, and 
port vulnerability assessments; and 
‘‘(B) other information related to security plans, proce-
dures, or programs for vessels or facilities authorized under 
this section or sections 70102, 70104, and 70108. 
‘‘(2) LIMITATIONS.—Nothing in paragraph (1) shall be con-
strued 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, inefficiency, or 
administrative error; 
‘‘(B) to prevent embarrassment to a person, organiza-
tion, or agency; 
‘‘(C) to restrain competition; or 
‘‘(D) to prevent or delay the release of information 
that does not require protection in the interest of transpor-
tation security, including basic scientific research informa-
tion 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 following: 
‘‘(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, inefficiency, or 
administrative error; 
‘‘(B) to prevent embarrassment to a person, organiza-
tion, or agency; 
‘‘(C) to restrain competition; or 
‘‘(D) to prevent or delay the release of information 
that does not require protection in the interest of transpor-
tation security, including basic scientific research informa-
tion not clearly related to transportation security.’’. 
(2) Section 40119(b) of title 49, United States Code, is 
amended by adding at the end thereof the following: 
‘‘(3) Nothing in paragraph (1) shall be construed to 
authorize the designation of information as sensitive security 
information (as defined in section 15.5 of title 49, Code of 
Federal Regulations)— 
‘‘(A) to conceal a violation of law, inefficiency, or 
administrative error; 
‘‘(B) to prevent embarrassment to a person, organiza-
tion, or agency; 
American 
Communities’ 
Right to Public 
Information Act. 
46 USC 101 note. 
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123 STAT. 2183 
PUBLIC LAW 111–83—OCT. 28, 2009 
‘‘(C) to restrain competition; or 
‘‘(D) to prevent or delay the release of information 
that does not require protection in the interest of transpor-
tation security, including basic scientific research informa-
tion not clearly related to transportation security.’’. 
SEC. 562. Section 4 of the Act entitled ‘‘An Act to prohibit 
the introduction, or manufacture for introduction, into interstate 
commerce of switchblade knives, and for other purposes’’ (commonly 
known as the Federal Switchblade 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 paragraph (4) 
and inserting ‘‘; or’’ and 
(3) by adding at the end the following: 
‘‘(5) a knife that contains a spring, detent, or other mecha-
nism designed to create a bias toward closure 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.’’. 
SEC. 563. (a) APPLICABLE
ANNUAL
PERCENTAGE
RATE
OF 
INTEREST.—Section 44(f)(1) of the Federal Deposit 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 reserved’’; and 
(2) in subparagraph (B)— 
(A) in the matter preceding clause (i), by striking ‘‘non-
depository institution operating in such State’’ and 
inserting ‘‘governmental entity located in such State or 
any person that is not a depository institution described 
in subparagraph (A) doing business in such State’’; 
(B) by redesignating clause (ii) as clause (iii); 
(C) in clause (i)— 
(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 following: 
‘‘(ii) to facilitate interstate commerce through the 
issuance of bonds and obligations under any provision 
of State law, including bonds and obligations for the 
purpose of economic development, education, and 
improvements to infrastructure; and’’. 
(b) RULE OF CONSTRUCTION.—Section 44(f)(2) of the Federal 
Deposit Insurance Act (12 U.S.C. 1831u(f)(2)) is amended— 
(1) by redesignating subparagraphs (A) and (B) as clauses 
(i) and (ii), respectively, and moving the margins 2 ems to 
the right; 
(2) by striking ‘‘No provision’’ and inserting the following: 
‘‘(A) IN GENERAL.—No provision’’; and 
(3) by adding at the end the following: 
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123 STAT. 2184 
PUBLIC LAW 111–83—OCT. 28, 2009 
‘‘(B) APPLICABILITY.—This subsection shall be con-
strued to apply to any loan or discount made, or note, 
bill of exchange, financing transaction, or other evidence 
of debt, originated by an insured depository institution, 
a governmental entity located in such State, or a person 
that is not a depository institution described in subpara-
graph (A) doing business in such State.’’. 
(c) EFFECTIVE PERIOD.—The amendments made by this section 
shall apply with respect to contracts consummated during the period 
beginning on the date of enactment of this Act and ending on 
December 31, 2010. 
SEC. 564. (a) SHORT TITLE.—This section may be cited as the 
‘‘OPEN FOIA Act of 2009’’. 
(b) SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS.—Section 
552(b) of title 5, United States Code, is amended by striking para-
graph (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 withholding 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. 565. (a) SHORT TITLE.—This section may be cited as the 
‘‘Protected National Security Documents Act of 2009’’. 
(b) Notwithstanding any other provision of the law to the con-
trary, no protected document, as defined in subsection (c), shall 
be subject to disclosure under section 552 of title 5, United States 
Code or any proceeding under that section. 
(c) DEFINITIONS.—In this section: 
(1) PROTECTED DOCUMENT.—The term ‘‘protected document’’ 
means any record— 
(A) for which the Secretary of Defense has issued a 
certification, as described in subsection (d), stating that 
disclosure of that record would endanger citizens of the 
United States, members of the United States Armed Forces, 
or employees of the United States Government deployed 
outside the United States; and 
(B) that is a photograph that— 
(i) was taken during the period beginning on Sep-
tember 11, 2001, through January 22, 2009; and 
(ii) relates to the treatment of individuals engaged, 
captured, or detained after September 11, 2001, by 
the Armed Forces of the United States in operations 
outside of the United States. 
(2) PHOTOGRAPH.—The term ‘‘photograph’’ encompasses all 
photographic images, whether originals or copies, including still 
photographs, negatives, digital images, films, video tapes, and 
motion pictures. 
(d) CERTIFICATION.— 
(1) IN GENERAL.—For any photograph described under sub-
section (c)(1), the Secretary of Defense shall issue a certification 
if the Secretary of Defense determines that disclosure of that 
Protected 
National Security 
Documents Act of 
2009. 
5 USC 552 note. 
OPEN FOIA Act 
of 2009. 
5 USC 101 note. 
Applicability. 
Contracts. 
12 USC 1831u 
note. 
Loans. 
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123 STAT. 2185 
PUBLIC LAW 111–83—OCT. 28, 2009 
photograph would endanger citizens of the United States, mem-
bers of the United States Armed Forces, or employees of the 
United States Government deployed outside the United States. 
(2) CERTIFICATION
EXPIRATION.—A certification and a 
renewal of a certification issued pursuant to subsection (d)(3) 
shall expire 3 years after the date on which the certification 
or renewal, is issued by the Secretary of Defense. 
(3) CERTIFICATION
RENEWAL.—The Secretary of Defense 
may issue— 
(A) a renewal of a certification at any time; and 
(B) more than 1 renewal of a certification. 
(4) NOTICE TO CONGRESS.—The Secretary of Defense shall 
provide Congress a timely notice of the Secretary’s issuance 
of a certification and of a renewal of a certification. 
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to preclude the voluntary disclosure of a protected docu-
ment. 
(f) EFFECTIVE DATE.—This section shall take effect on the date 
of enactment of this Act and apply to any protected document. 
SEC. 566. The administrative law judge annuitants partici-
pating in the Senior Administrative Law Judge Program managed 
by the Director of the Office of Personnel Management under section 
3323 of title 5, United States Code, shall be available on a tem-
porary reemployment basis to conduct arbitrations of disputes as 
part of the arbitration panel established by the President under 
section 601 of division A of the American Recovery and Reinvest-
ment Act of 2009 (Public Law 111–5; 123 Stat. 164). 
SEC. 567. (a) IN GENERAL.—Any company that collects or 
retains personal information directly from individuals who partici-
pated in the Registered Traveler program shall safeguard and dis-
pose of such information in accordance 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 
(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 Assist-
ant Secretary, Transportation Security Administration (referred 
to in this section as the ‘‘Assistant Secretary’’). 
(b) CERTIFICATION.—The Assistant Secretary shall require 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 safe-
guard and dispose of personal information collected through 
the Registered Traveler program; and 
(2) provides the status of the certification by any company 
described in subsection (a) that such procedures are consistent 
Deadline. 
Applicability. 
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123 STAT. 2186 
PUBLIC LAW 111–83—OCT. 28, 2009 
with the minimum standards established by paragraph (a)(1– 
3). 
SEC. 568. (a) SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 
WORKER PROGRAM AND OTHER IMMIGRATION PROGRAMS.— 
(1) EXTENSION.—Subclauses (II) and (III) of section 
101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(C)(ii)) are amended by striking ‘‘September 
30, 2009,’’ each place such term appears and inserting ‘‘Sep-
tember 30, 2012,’’. 
(2) STUDY AND PLAN.—Not later than 180 days after the 
date of the enactment of this Act, the Director of United States 
Citizenship and Immigration Services shall submit a report 
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 super-
vision of the Director to evaluate the Special Immigrant 
Nonminister Religious Worker Program to identify the risks 
of fraud and noncompliance by program participants; and 
(B) a detailed plan that describes the actions to be 
taken by United States Citizenship and Immigration Serv-
ices to improve the integrity of the program. 
(3) PROGRESS REPORT.—Not later than 240 days after the 
submission of the report under paragraph (2), the Director 
of United States Citizenship and Immigration Services shall 
submit a report to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House of 
Representatives that describes the progress made in imple-
menting the plan described in clause (a)(2)(B) of this section. 
(b) CONRAD STATE 30 J–1 VISA WAIVER PROGRAM.—Section 
220(c) of the Immigration and Nationality Technical 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 striking ‘‘for at least 2 years 
at the time of the citizen’s death’’. 
(2) APPLICABILITY.— 
(A) IN GENERAL.—The amendment made by paragraph 
(1) shall apply to all applications and petitions relating 
to immediate relative status under section 201(b)(2)(A)(i) 
of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(2)(A)(i)) pending on or after the date of the enact-
ment of this Act. 
(B) TRANSITION CASES.— 
(i) IN GENERAL.—Notwithstanding any other provi-
sion of law, an alien described in clause (ii) who seeks 
immediate relative status pursuant to the amendment 
made by paragraph (1) shall file a petition under sec-
tion 204(a)(1)(A)(ii) of the Immigration 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 enactment of 
this Act. 
(ii) ALIENS DESCRIBED.—An alien is described in 
this clause if— 
Petition. 
Deadline. 
8 USC 1151 note. 
Deadline. 
Reports. 
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123 STAT. 2187 
PUBLIC LAW 111–83—OCT. 28, 2009 
(I) the alien’s United States citizen spouse died 
before the date of the enactment of this Act; 
(II) the alien and the citizen spouse were mar-
ried for less than 2 years at the time of the citizen 
spouse’s death; and 
(III) the alien has not remarried. 
(d) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETI-
TIONS AND APPLICATIONS.— 
(1) AMENDMENT.—Section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) is amended by adding at the 
end the following: 
‘‘(l) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETI-
TIONS AND APPLICATIONS.— 
‘‘(1) IN GENERAL.—An alien described in paragraph (2) who 
resided in the United States at the time of the death of the 
qualifying relative and who continues to reside in the United 
States shall have such petition described in paragraph (2), 
or an application for adjustment of status to that of a person 
admitted for lawful permanent residence based upon the family 
relationship described in paragraph (2), and any related 
applications, adjudicated notwithstanding the death of the 
qualifying relative, unless the Secretary of Homeland Security 
determines, in the unreviewable discretion of the Secretary, 
that approval would not be in the public interest. 
‘‘(2) ALIEN DESCRIBED.—An alien described in this para-
graph is an alien who, immediately prior to the death of his 
or her qualifying relative, was— 
‘‘(A) the beneficiary of a pending or approved petition 
for classification as an immediate relative (as described 
in section 201(b)(2)(A)(i)); 
‘‘(B) the beneficiary of a pending or approved petition 
for classification under section 203 (a) or (d); 
‘‘(C) a derivative beneficiary of a pending or approved 
petition for classification under section 203(b) (as described 
in section 203(d)); 
‘‘(D) the beneficiary of a pending or approved refugee/ 
asylee relative petition under section 207 or 208; 
‘‘(E) an alien admitted in ‘T’ nonimmigrant status as 
described in section 101(a)(15)(T)(ii) or in ‘U’ nonimmigrant 
status as described in section 101(a)(15)(U)(ii); or 
‘‘(F) an asylee (as described in section 208(b)(3)).’’. 
(2) CONSTRUCTION.—Nothing in the amendment made by 
paragraph (1) may be construed to limit or waive any ground 
of removal, basis for denial of petition or application, or other 
criteria for adjudicating petitions or applications as otherwise 
provided under the immigration laws of the United States 
other than ineligibility based solely on the lack of a qualifying 
family relationship as specifically provided by such amendment. 
(e) CONFORMING
AMENDMENT
TO
AFFIDAVIT
OF
SUPPORT 
REQUIREMENT.—Section 213A(f)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1183a(5)) is amended by striking clauses (i) 
and (ii) and inserting: 
‘‘(i) the individual petitioning under section 204 
of this Act for the classification of such alien died 
after the approval of such petition, and the Secretary 
of Homeland Security has determined for humanitarian 
8 USC 1154 note. 
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123 STAT. 2188 
PUBLIC LAW 111–83—OCT. 28, 2009 
reasons that revocation of such petition under section 
205 would be inappropriate; or 
‘‘(ii) the alien’s petition is being adjudicated pursu-
ant to section 204(l) (surviving relative consideration).’’. 
SEC. 569. Notwithstanding any other provision of this Act, 
none of the funds appropriated or otherwise made available by 
this Act may be used to pay award or incentive fees for contractor 
performance that has been judged to be below satisfactory perform-
ance or performance that does not meet the basic requirements 
of a contract. 
SEC. 570. None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any federal contract unless such contract 
is entered into in accordance with the requirements of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253) 
or Chapter 137 of title 10, United States Code, and the Federal 
Acquisition Regulation, unless such contract is otherwise authorized 
by statute to be entered into without regard to the above referenced 
statutes. 
SEC. 571. (a) Funds made available by this Act solely for 
data center migration may be transferred by the Secretary between 
appropriations for the same purpose, notwithstanding section 503 
of this Act. 
(b) No transfer described in (a) shall occur until 15 days after 
the Committees on Appropriations of the Senate and the House 
and Representatives are notified of such transfer. 
SEC. 572. Specific projects contained in the report of the Com-
mittee on Appropriations of the House of Representatives accom-
panying this Act (H. Rept. 111–157) that are considered congres-
sional earmarks for purposes of clause 9 of rule XXI of the Rules 
of the House of Representatives, when intended to be awarded 
to a for-profit entity, shall be awarded under a full and open 
competition. 
SEC. 573. From unobligated balances for fiscal year 2009 made 
available for Federal Emergency Management Agency ‘‘Trucking 
Industry Security Grants’’, $5,572,000 are rescinded. 
SEC. 574. From the unobligated balances of prior year appro-
priations made available for ‘‘Analysis and Operations’’, $2,358,000 
are rescinded. 
SEC. 575. From the unobligated balances of prior year appro-
priations made available for National Protection and Programs 
Directorate ‘‘Infrastructure Protection and Information Security’’, 
$8,000,000 are rescinded. 
SEC. 576. From the unobligated balances of prior year appro-
priations made available for Science and Technology ‘‘Research, 
Development, 
Acquisition, 
and 
Operations’’, 
$6,944,148 
are 
rescinded. 
SEC. 577. From the unobligated balances of prior year appro-
priations made available for Domestic Nuclear Detection Office 
‘‘Research, Development, and Operations’’, $8,000,000 are rescinded. 
SEC. 578. From the unobligated balances of prior year appro-
priations made available for Transportation Security Administration 
‘‘Research and Development’’, $4,000,000 are rescinded. 
SEC. 579. From the unobligated balances of prior year appro-
priations made available for Coast Guard ‘‘Acquisition, Construc-
tion, and Improvements’’, $800,000 are rescinded: Provided, That 
these rescissions shall be taken from completed projects. 
Earmarks. 
Deadline. 
Notification. 
Contracts. 
Contracts. 
Performance fees. 
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123 STAT. 2189 
PUBLIC LAW 111–83—OCT. 28, 2009 
LEGISLATIVE HISTORY—H.R. 2892 (S. 1298): 
HOUSE REPORTS: Nos. 111–157 (Comm. on Appropriations) and 111–298
(Comm. of Conference). 
SENATE REPORTS: No. 111–31 (Comm. on Appropriations) accompanying S. 1298. 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
June 24, considered and passed House. 
July 7–9, considered and passed Senate, amended. 
Oct. 15, House agreed to conference report. 
Oct. 20, Senate agreed to conference report. 
SEC. 580. Of the amounts available under the heading ‘‘Counter-
terrorism Fund’’, $5,600,000 are rescinded. 
This Act may be cited as the ‘‘Department of Homeland Security 
Appropriations Act, 2010’’. 
Approved October 28, 2009. 
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