[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2892 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                          July 9, 2009.
    Resolved, That the bill from the House of Representatives (H.R. 
2892) entitled ``An Act making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2010, and 
for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of Homeland 
Security 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 Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $149,268,000: 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 $20,000,000 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.

              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), $307,690,000, of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount, $5,000,000 shall remain 
available until expended solely for the alteration and improvement of 
facilities, tenant improvements, and relocation costs to consolidate 
Department headquarters operations at the Nebraska Avenue 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), $63,530,000, 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 recommendations 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 investments, 
$338,393,000; of which $86,912,000 shall be available for salaries and 
expenses; and of which $251,481,000, to remain available until 
expended, shall be available for development and acquisition of 
information technology equipment, software, services, and related 
activities for the Department of Homeland Security: Provided, 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 Information Processing and 
Storage): Provided further, That the Chief Information Officer shall 
submit to the Committees on Appropriations 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 components of the Department of Homeland 
Security through reimbursable agreements: Provided further, That 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.), $347,845,000, of which not 
to exceed $5,000 shall be for official reception and representation 
expenses; and of which $208,145,000 shall remain available until 
September 30, 2011.

      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 the 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.), $115,874,000, 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; $8,075,649,000, 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; and 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: Provided, That for fiscal year 2010, 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 Security, or the designee of the Secretary, to be 
necessary for national security purposes, to prevent excessive costs, 
or in cases of immigration emergencies: Provided further, That of the 
total amount provided, $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 automated 
systems, $462,445,000, to remain available until expended, of which not 
less than $267,960,000 shall be for the development of the Automated 
Commercial Environment: Provided, That of the total amount made 
available under this heading, $167,960,000 may not be obligated for the 
Automated Commercial Environment program 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: Provided, 
That of the amount provided under this heading, $50,000,000 shall not 
be obligated until the Committees on Appropriations of the Senate and 
the House of Representatives receive a plan for expenditure, prepared 
by the Secretary of Homeland Security 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 
other forms of tactical infrastructure and technology.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aerial systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, 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, and 
local agencies in other law enforcement and emergency humanitarian 
efforts, $515,826,000, 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 transferred 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 administration and 
enforcement of the laws relating to customs and immigration, 
$316,070,000, to remain available until expended, of which $39,700,000 
shall be for the Advanced Training Center: 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.

                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 purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$5,360,100,000, 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: Provided further, That of the 
total amount provided, $15,770,000 shall 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 
$1,000,000,000 shall be available to identify aliens convicted of a 
crime, and who may be deportable, and to remove them from the United 
States once they are judged deportable: Provided 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, at least quarterly, on progress implementing the 
preceding proviso, and the funds obligated during that quarter to make 
that progress: 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 $2,539,180,000 is for detention and removal 
operations, including transportation of unaccompanied minor aliens: 
Provided further, That of the total amount provided, $6,800,000 shall 
remain available until September 30, 2011, for the Visa Security 
Program:  Provided further, That nothing under this heading shall 
prevent U.S. Immigration 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.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $85,000,000, to remain available until expended: Provided, 
That of the funds made available under this heading, $10,000,000 shall 
not be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives receive an expenditure plan prepared 
by the Secretary of Homeland Security.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration 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), $5,237,828,000, 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 $4,395,195,000 shall be for screening operations, of which 
$1,154,775,000 shall be available for explosives detection systems; and 
not to exceed $842,633,000 shall be for aviation security direction and 
enforcement: Provided further, That of the amount made available in the 
preceding proviso for explosives detection systems, $806,669,000 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 airports 
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 
security service fees authorized under section 44940 of title 49, 
United States Code, shall be credited to this appropriation as 
offsetting collections and shall be available only for aviation 
security: Provided further, That any funds collected and made available 
from aviation security fees pursuant to section 44940(i) of title 49, 
United States Code, may, notwithstanding paragraph (4) of such section 
44940(i), be expended for the purpose of improving screening at airport 
screening checkpoints, which may include the purchase and utilization 
of emerging technology equipment; the refurbishment and replacement of 
current equipment; the installation of surveillance systems to monitor 
checkpoint activities; the modification of checkpoint infrastructure to 
support checkpoint reconfigurations; and the creation of additional 
checkpoints to screen aviation passengers and airport personnel: 
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 $3,137,828,000: Provided further, That any 
security service fees collected in excess 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 Homeland 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 
Administration related to providing surface transportation security 
activities, $142,616,000, to remain available until September 30, 2011.

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation 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 
Administration 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), $999,580,000, 
to remain available until September 30, 2011: Provided, 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, procurement, 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; for purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $700,000) and for repairs 
and service-life replacements, not to exceed a total of $26,000,000; 
minor shore construction projects not exceeding $1,000,000 in total 
cost at any location; payments pursuant to section 156 of Public Law 
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 
$6,838,291,000, of which $581,503,000 shall be for defense-related 
activities, $241,503,000 of which are 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, 
rehabilitating, 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 commissioners 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, $30,000,000 is withheld from obligation from 
Headquarters Directorates until the second quarter acquisition report 
required by Public Law 108-7 and the fiscal year 2008 joint explanatory 
statement accompanying Public Law 110-161 is received by the Committees 
on Appropriations of the Senate and the House of Representatives.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
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 authorized 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, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,597,580,000, 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 $123,000,000 shall be available until 
September 30, 2014, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $147,500,000 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 $1,194,780,000 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, 
$305,500,000 is for aircraft and $734,680,000 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 Systems program assets 
to pre-Deepwater legacy assets; a status report of legacy assets; a 
detailed explanation of how the costs of 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 program asset: Provided further, That the Secretary 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a comprehensive review of the Revised 
Deepwater Implementation Plan every 5 years, beginning in fiscal year 
2011, that includes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 2027: 
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 
        Appropriations 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 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: Provided, 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, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$29,745,000, 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, 
of which 652 shall be for replacement only, and 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 control, as may be necessary to perform protective 
functions; payment of per diem or subsistence allowances to employees 
where a protective 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 Appropriations 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; $1,482,709,000; 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 counterfeit 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 provided 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 
agencies 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 Security, or the 
designee of the Secretary, may waive that amount as necessary for 
national security purposes: Provided further, That none of the funds 
appropriated 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 the United States 
Secret Service shall open an international field office in Tallinn, 
Estonia to combat electronic crimes with funds made available under 
this heading in Public Law 110-329: Provided further, That $4,040,000 
shall not be made available for obligation until enactment into law of 
authorizing legislation that incorporates the authorities of the United 
States Secret Service Uniformed Division into the United States Code, 
including restructuring the United States Secret Service Uniformed 
Division's pay chart.

     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

                         salaries and expenses

    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 Management 
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.), 
$901,416,000, of which $760,755,000 shall remain available until 
September 30, 2011: Provided, That of the total amount provided, 
$20,000,000 is for necessary expenses of the National Infrastructure 
Simulation and Analysis Center.

    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), $378,194,000, 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 Appropriations 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: Provided further, That not less than $28,000,000 
of unobligated balances of prior year appropriations shall remain 
available and be obligated solely for implementation of a biometric air 
exit capability.

                       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, 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 operations 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'').

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$135,000,000, of which $30,411,000 is for salaries and expenses; and of 
which $104,589,000 is to remain available until September 30, 2011, for 
biosurveillance, BioWatch, medical readiness planning, chemical 
response, and other activities: Provided, 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, $859,700,000, 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 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 Management 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 
Management Agency: Provided further, 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 Pennsylvania, 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 
activities, $3,067,200,000 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.
            (2) $887,000,000 shall be for the Urban Area Security 
        Initiative under section 2003 of the Homeland Security Act of 
        2002 (6 U.S.C. 604), of which, notwithstanding subsection 
        (c)(1) of such section, $20,000,000 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) $40,000,000 shall be for the Metropolitan Medical 
        Response System under section 635 of the Post-Katrina Emergency 
        Management Reform Act of 2006 (6 U.S.C. 723).
            (5) $15,000,000 shall be for the Citizen Corps Program.
            (6) $356,000,000 shall be for Public Transportation 
        Security Assistance, Railroad Security Assistance, and Over-
        the-Road Bus Security Assistance under sections 1406, 1513, and 
        1532 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182), 
        of which not less than $25,000,000 shall be for Amtrak 
        security, and not less than $6,000,000 shall be for Over-the-
        Road Bus Security Assistance.
            (7) $350,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107.
            (8) $50,000,000 shall be for Buffer Zone Protection Program 
        Grants.
            (9) $50,000,000 shall be for Driver's License Security 
        Grants Program, pursuant to section 204(a) of the REAL ID Act 
        of 2005 (division B of Public Law 109-13).
            (10) $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).
            (11) $20,000,000 shall be for grants for Emergency 
        Operations Centers under section 614 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c), 
        of which no less than $1,500,000 shall be for the Ohio 
        Emergency Management Agency Emergency Operations Center, 
        Columbus, Ohio; no less than $1,000,000 shall be for the City 
        of Chicago Emergency Operations Center, Chicago, Illinois; no 
        less than $600,000 shall be for the Ames Emergency Operations 
        Center, Ames, Iowa; no less than $353,000 shall be for the 
        County of Union Emergency Operations Center, Union County, New 
        Jersey; no less than $300,000 shall be for the City of 
        Hackensack Emergency Operations Center, Hackensack, New Jersey; 
        no less than $247,000 shall be for the Township of South Orange 
        Village Emergency Operations Center, South Orange, New Jersey; 
        no less than $1,000,000 shall be for the City of Mount Vernon 
        Emergency Operations Center, Mount Vernon, New York; no less 
        than $900,000 shall be for the City of Whitefish Emergency 
        Operations Center, Whitefish, Montana; no less than $1,000,000 
        shall be for the Lincoln County Emergency Operations Center, 
        Lincoln County, Washington; no less than $980,000 shall be for 
        the City of Providence Emergency Operations Center, Providence, 
        Rhode Island; no less than $980,000 for the North Louisiana 
        Regional Emergency Operations Center, Lincoln Parish, 
        Louisiana; and no less than $900,000 for the City of North 
        Little Rock Emergency Operations Center, North Little Rock, 
        Arkansas.
            (12) $264,200,000 shall be for training, exercises, 
        technical assistance, and other programs, of which--
                    (A) $164,500,000 is for purposes of training in 
                accordance with section 1204 of the Implementing 
                Recommendations of the 9/11 Commission 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 Transportation Technology 
                Center, Incorporated, in Pueblo, Colorado; and 
                $5,000,000 shall be for the Natural Disaster 
                Preparedness Training Center, University of Hawaii, 
                Honolulu, Hawaii; and
                    (B) $1,700,000 shall be for the Center for 
                Counterterrorism and Cyber Crime, Norwich University, 
                Northfield, Vermont:
Provided, That 4.1 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 of 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 applications 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 (10), 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 Emergency 
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 further, That (a) the 
Center for Domestic Preparedness may provide training to emergency 
response providers from the Federal Government, 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, (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.), 
$800,000,000, of which $380,000,000 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, 2010: Provided, That 5 percent of 
the amount available under this heading shall be 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 of the date of enactment of 
this Act.

                emergency management performance grants

    For necessary expenses for emergency management performance 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.), $350,000,000: Provided, That total 
administrative costs shall be 3 percent of the total amount 
appropriated under this heading.

              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 Appropriations 
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 program 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 administrative 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 Administration 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 transfer 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.), 
$1,456,866,000, to remain available until expended: Provided, 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 
provide a quarterly report detailing obligations against the 
expenditure plan and a justification for any changes in spending: 
Provided further, That not later than 60 days after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall submit a report to the Committee on 
Appropriations of the Senate, the Committee on Appropriations of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate that includes (1) a plan for the 
acquisition of alternative temporary housing units, and (2) procedures 
for expanding repair of existing multi-family rental housing units 
authorized under section 689i(a) of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 776(a)), semi-permanent, or 
permanent housing options:  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 disasters, subject to section 503 of this 
Act: Provided further, That up to $50,000,000 may be transferred to 
Federal Emergency Management 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 implementation plan to the 
Committees on Appropriations of the Senate and the House of 
Representatives: Provided further, That the Federal Emergency 
Management Agency shall submit the monthly ``Disaster Relief'' report, 
as specified 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 Emergency 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 
        documentation 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 Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for 
the cost of direct loans: Provided, That gross obligations 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 governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 
available until expended: Provided, That total administrative costs 
shall not exceed 3 percent of the total amount appropriated 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.), $159,469,000, 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 $52,149,000 for salaries and 
expenses associated with flood mitigation 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 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 section 102 of the Flood Disaster Protection Act of 
1973 and section 1366(i) of the National Flood Insurance Act of 1968 
shall be deposited 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 
administrative 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 Assistance Act (42 
U.S.C. 5133), $120,000,000, to remain available until expended: 
Provided, That the total administrative 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.), $175,000,000, 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 services, 
$135,700,000, of which $5,000,000 is for the processing of military 
naturalization applications and $118,500,000 is for the E-Verify 
program to assist United States employers with maintaining a legal 
workforce: Provided, That of the amount provided for the E-Verify 
program, $10,000,000 is available until expended for E-Verify process 
and system enhancements: Provided further, That notwithstanding any 
other provision of law, funds available to United States Citizenship 
and Immigration Services may be used to acquire, operate, equip, 
dispose of and replace up to five vehicles, of which two are 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 between the employees' residences and places of employment.

                federal law enforcement training center

    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 personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $244,356,000, 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 Federal 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 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 representatives 
from the Federal law enforcement community and non-Federal 
accreditation experts involved in law enforcement training, shall lead 
the Federal law enforcement training accreditation 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 
facilities, 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 Homeland 
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 evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); $851,729,000, to remain 
available until September 30, 2011: 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 Decisionmaking Exercises: Provided further, 
That not less than $12,000,000 is 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, That not less than $36,312,000 shall be for the 
National Bio and Agro-defense Facility.

                   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.) for management and administration of programs and 
activities, $37,500,000: Provided, That not to exceed $3,000 shall be 
for official reception and representation expenses.

                 research, development, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $326,537,000, to 
remain available until September 30, 2011.

                          systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $10,000,000, to remain available 
until September 30, 2011: Provided, That none of the funds appropriated 
under this heading in this Act or any other Act shall be obligated for 
full-scale procurement of Advanced Spectroscopic Portal monitors until 
the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
certifying that a significant increase in operational effectiveness 
will be achieved: Provided further, That the Secretary shall submit 
separate and distinct certifications prior to the procurement of 
Advanced Spectroscopic Portal monitors for primary and secondary 
deployment that address the unique requirements for operational 
effectiveness of each type of deployment: Provided further, That the 
Secretary 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.

                                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 reprogramming 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 Committees on Appropriations of the Senate or 
the House of Representatives for a different purpose; or (5) contracts 
out any function or activity for which funding levels were requested 
for Federal full-time equivalents in the object classification tables 
contained in the fiscal year 2010 Budget Appendix for the Department of 
Homeland Security, as modified by the 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 Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2010, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees or 
proceeds 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 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 Capital 
Fund, established pursuant to section 403 of Public Law 103-356 (31 
U.S.C. 501 note), shall continue operations as a permanent working 
capital fund for fiscal year 2010: Provided, That none of the funds 
appropriated or otherwise made available to the Department of 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, discretionary grant award, discretionary 
contract award, Other Transaction Agreement, or to issue a letter of 
intent totaling in excess of $1,000,000, or to announce publicly the 
intention to make such an award, including a contract covered by the 
Federal Acquisition Regulation, unless the Secretary of Homeland 
Security 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 determines that compliance with this 
section would pose a substantial risk to human life, health, or safety, 
an award may be made without notification and the 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 in 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 the State Homeland Security Grant Program; Urban Area 
Security Initiative; and the Regional Catastrophic Preparedness Grant 
Program.
    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 Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 519, 520, 528, and 531 of the Department of 
Homeland Security Appropriations Act, 2008 (division E of Public Law 
110-161; 121 Stat. 2073, 2074) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    Sec. 511.  None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 512.  None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation 
of the Secure Flight program or any other follow-on or successor 
passenger screening program that: (1) utilizes or tests algorithms 
assigning risk to passengers whose names are not on Government watch 
lists; or (2) uses data or a database that is obtained from or remains 
under the control of a non-Federal entity: Provided, That this 
restriction shall not apply to Passenger Name Record data obtained from 
air carriers.
    Sec. 513.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management 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 Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 515. (a) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with air carriers 
and airports to ensure that the screening of cargo carried on passenger 
aircraft, as defined in section 44901(g)(5) of title 49, United States 
Code, increases incrementally each quarter until the requirement of 
section 44901(g)(2)(B) of title 49 are met.
    (b) Not later than 45 days after the end of each quarter, the 
Assistant Secretary shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a report on air cargo 
inspection statistics by airport and air carrier detailing the 
incremental progress being made to meet the requirement of section 
44901(g)(2)(B) of title 49, United States Code.
    Sec. 516.  Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' for fiscal years 2004, 2005, 2006, 
2007, and 2008 that are recovered or deobligated shall be available 
only for the procurement or installation of explosives detection 
systems, for air cargo, baggage, and checkpoint screening systems, 
subject to notification: Provided, That quarterly reports shall be 
submitted to the Committees on Appropriations of the Senate and the 
House of Representatives on any funds that are recovered or 
deobligated.
    Sec. 517.  Any funds appropriated to United States 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 
negotiation, mediation, or litigation, shall be available until 
expended for the Replacement Patrol Boat (FRC-B) program.
    Sec. 518. (a)(1) Except as provided in paragraph (2), none of the 
funds provided in this or any other Act shall be available to commence 
or continue operations of the National Applications Office until--
            (A) the Secretary certifies that: (i) National Applications 
        Office programs comply with all existing laws, including all 
        applicable privacy and civil liberties standards; and, (ii) 
        that clear definitions of all proposed domains are established 
        and are auditable;
            (B) the Comptroller General of the United States notifies 
        the Committees on Appropriations of the Senate and the House of 
        Representatives and the Secretary that the Comptroller has 
        reviewed such certification; and
            (C) the Secretary notifies the Committees of all funds to 
        be expended on the National Applications Office pursuant to 
        section 503 of this Act.
    (2) Paragraph (1) shall not apply with respect to any use of funds 
for activities substantially similar to such activities conducted by 
the Department of the Interior as set forth in the 1975 charter for the 
Civil Applications Committee under the provisions of law codified at 
section 31 of title 43, United States Code.
    (b) The Inspector General shall provide to the Committees on 
Appropriations of the Senate and the House of Representatives a 
classified report on a quarterly basis containing a review of the data 
collected by the National Applications Office, including a description 
of the collection purposes and the legal authority under which the 
collection activities were authorized: Provided, That the report shall 
also include a listing of all data collection activities carried out on 
behalf of the National Applications Office by any component of the 
National Guard.
    (c) None of the funds provided in this or any other Act shall be 
available to commence operations of the National Immigration 
Information Sharing Operation until the Secretary certifies that such 
program 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 Comptroller 
has reviewed such certification, and the Secretary notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives of all funds to be expended on the National Immigration 
Information Sharing Operation pursuant to section 503.
    Sec. 519.  Within 45 days after the close of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report that includes 
total obligations, on-board versus funded full-time equivalent staffing 
levels, and the number of contract employees by office.
    Sec. 520.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2009'' and inserting ``2010''.
    Sec. 521.  The functions of the Federal Law 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. 522. (a) None of the funds provided by this or any other Act 
may be obligated for the development, testing, deployment, or operation 
of any portion of a human resources management system authorized by 5 
U.S.C. 9701(a), or by regulations prescribed pursuant to such section, 
for an employee as defined in 5 U.S.C. 7103(a)(2).
    (b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in 5 U.S.C. 9701(e), 
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 5 U.S.C. 7103(a)(2).
    Sec. 523.  None of the funds made available in this or any other 
Act may be used to enforce section 4025(1) of Public Law 108-458 unless 
the Assistant Secretary of Homeland Security (Transportation Security 
Administration) reverses the determination 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. (a) Except as provided in subsection (b), none of the 
funds appropriated in this or any other Act to the Office of the 
Secretary and Executive Management, the Office of the Under Secretary 
for Management, or the Office of the Chief Financial Officer, may be 
obligated for a grant or contract funded under such headings by a means 
other than full and open competition.
    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
            (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a mandated 
        preferential program, such as the AbilityOne Program, that is 
        authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
        seq.);
            (2) under the Small Business Act (15 U.S.C. 631 et seq.);
            (3) in an amount less than the simplified acquisition 
        threshold described under section 302A(a) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        252a(a)); or
            (4) by another Federal agency using funds 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 this section, 
the Inspector General for the Department of Homeland Security shall 
review departmental contracts awarded through other than full and open 
competition to assess departmental compliance with applicable laws and 
regulations: Provided, That the Inspector General shall review selected 
contracts awarded in the previous fiscal year through other than full 
and open competition: Provided further, That in determining 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 Department missions, past 
performance problems on similar contracts or by the selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the 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. 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.
    Sec. 528.  None of the funds provided in this Act shall be 
available to carry out section 872 of Public Law 107-296.
    Sec. 529.  None of the funds provided in this Act under the heading 
``Office of the Chief Information Officer'' shall be used for data 
center development other than for Data Center One (National Center for 
Critical Information Processing and Storage) until the Chief 
Information Officer certifies that Data Center One (National Center for 
Critical Information Processing and Storage) is fully utilized as the 
Department's primary data storage center at the highest capacity 
throughout the fiscal year.
    Sec. 530.  None of the funds in this Act shall be used to reduce 
the United States Coast Guard's Operations Systems Center mission or 
its government-employed or contract staff levels.
    Sec. 531.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 532.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 533.  None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the basic pilot program under section 401 of the 
Illegal 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 transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day supply: 
Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 535.  None of the funds made available in this Act may be used 
by the Secretary of Homeland Security or any delegate of the Secretary 
to issue any rule or 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.  Section 537 of the Department of Homeland Security 
Appropriations Act, 2009 (division D of Public Law 110-329; 122 Stat. 
3682) shall apply with respect to funds made available in this Act in 
the same manner as such sections applied to funds made available in 
that Act.
    Sec. 537.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 538. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date that 
the President determines whether to declare a major disaster because of 
an event and any appeal is completed, the Administrator shall submit to 
the Committee on Homeland Security and Governmental 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 subsection (a) 
any data that the Administrator determines would compromise 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. 539.  Notwithstanding any other provision of law, should the 
Secretary of Homeland Security determine that the National Bio and 
Agro-defense Facility be located at a site other than Plum Island, New 
York, the Secretary shall have the Administrator of General Services 
sell through public sale all real and related personal property and 
transportation assets which support Plum Island 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 the completion of construction and environmental 
remediation, the unexpended balances of funds appropriated for costs in 
the preceding 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 
operations 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. 540.  Any official that is required by this Act to report or 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives may not delegate such authority to perform that act 
unless specifically authorized herein.
    Sec. 541.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under 31 U.S.C. 9703.2(g)(4)(B) 
from the Department of the Treasury Forfeiture Fund to any agency 
within the Department of Homeland Security.
    Sec. 542. (a) Not later than 3 months from the date of enactment of 
this Act, the Secretary of Homeland Security shall consult with the 
Secretaries of Defense and Transportation and develop a concept of 
operations for unmanned aerial 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 subsection 
(a).
    Sec. 543.  If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an airport 
does not need to participate in the basic pilot program, the Assistant 
Secretary shall certify to the Committees on Appropriations of the 
Senate and the House of Representatives that no security risks will 
result by such non-participation.
    Sec. 544.  For fiscal year 2010 and thereafter, the 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. 545.  Section 144 of the Continuing Appropriations Resolution, 
2009 (division A of Public Law 110-329; 122 Stat. 3581), as amended by 
section 101 of division J of the Omnibus Appropriations Act, 2009 
(Public Law 111-8; 123 Stat. 988), is further amended by striking 
``September 30, 2009'' and inserting ``September 30, 2012''.
    Sec. 546.  Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
8 U.S.C. 1324a note) is amended by striking ``Unless'' and all that 
follows.
    Sec. 547.  The head of each agency or department of the United 
States that enters into a contract shall require, as a condition of the 
contract, that the contractor participate in the pilot program 
described in 404 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-209; 8 U.S.C. 
1324a note) to verify the employment eligibility of--
            (1) all individuals hired during the term of the contract 
        by the contractor to perform employment duties within the 
        United States; and
            (2) all individuals assigned by the contractor to perform 
        work within the United States the under such contract.
    Sec. 548. (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 
Immigration 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. 549.  Section 610 of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 
U.S.C. 1153 note) is amended--
            (1) by striking ``pilot'' each place it appears; and
            (2) in subsection (b), by striking ``for 15 years''.
    Sec. 550.  Notwithstanding any other provision of law, should the 
Secretary of Homeland Security determine that specific U.S. Immigration 
and Customs Enforcement Service Processing Centers, or other U.S. 
Immigration and Customs Enforcement owned detention facilities, no 
longer meet the mission need, the Secretary is authorized to dispose of 
individual Service Processing Centers, or other U.S. Immigration and 
Customs Enforcement owned detention facilities, by directing the 
Administrator of General Services to sell all real and related personal 
property which support Service Processing Centers, or other U.S. 
Immigration and Customs Enforcement owned detention facilities, 
operations, subject to such terms and conditions as necessary to 
protect government interests and meet program requirements: Provided, 
That the proceeds, net of the costs of sale incurred by the General 
Services Administration and U.S. Immigration and Customs Enforcement 
shall be deposited as offsetting collections into a separate account 
that shall be available, subject to appropriation, until expended for 
other real property capital asset needs of existing U.S. Immigration 
and Customs Enforcement assets, excluding daily operations and 
maintenance costs, as the Secretary deems appropriate.
    Sec. 551.  Section 550 of Public Law 109-295 is amended in 
subsection (b) by deleting from the last proviso ``three years after 
the date of enactment of this Act'' and inserting in lieu thereof 
``October 4, 2010''.
    Sec. 552.  For fiscal year 2010 and thereafter, the Secretary of 
Homeland Security may collect fees from any non-Federal participant 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 conference 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 Appropriations of the Senate and the House of 
Representatives not later than January 5, 2011, providing the level of 
collections and a summary by agency of the purposes and levels of 
expenditures for the prior fiscal year, and shall report annually 
thereafter.
    Sec. 553.  For purposes of section 210C of the Homeland Security 
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. 554.  From the unobligated balances of prior year 
appropriations made available for ``Analysis and Operations'', 
$5,000,000 are rescinded.
    Sec. 555.  From the unobligated balances of prior year 
appropriations made available for U.S. Immigration and Customs 
Enforcement ``Construction'', $7,000,000 are rescinded.
    Sec. 556.  From the unobligated balances of prior year 
appropriations made available for National Protection and Programs 
Directorate ``Infrastructure Protection and Information Security'', 
$8,000,000 are rescinded.
    Sec. 557.  From the unobligated balances of prior year 
appropriations made available for Science and Technology ``Research, 
Development, Acquisition, and Operations'', $7,500,000 are rescinded.
    Sec. 558.  From the unobligated balances of prior year 
appropriations made available for Domestic Nuclear Detection Office 
``Research, Development, and Operations'', $8,000,000 are rescinded.
    Sec. 559. (a) Subject to subsection (b), none of the funds 
appropriated or otherwise made available by this Act may be available 
to operate the Loran-C signal after January 4, 2010.
    (b) The limitation in subsection (a) shall take effect only if the 
Commandant of the Coast Guard certifies that--
            (1) the termination of the operation of the Loran-C signal 
        as of the date specified in subsection (a) will not adversely 
        impact the safety of maritime navigation; and
            (2) the Loran-C system infrastructure is not needed as a 
        backup to the Global Positioning System or any other Federal 
        navigation requirement.
    (c) If the Commandant makes the certification described in 
subsection (b), 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 certification 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 decommissioning of the 
Loran-C system infrastructure in the event of the decommissioning of 
such infrastructure in accordance to subsection (c).
    (e) If the Commandant makes the certification described in 
subsection (b), the Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, may, notwithstanding any other provision 
of law, sell any real and personal property under the administrative 
control of the Coast Guard and used for the Loran system, by 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 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 system, 
for the demolition of improvements on such real property, and for the 
costs associated with the sale of such real and personal property, 
including due diligence requirements, necessary environmental 
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.

                        border fence completion

    Sec. 560.  (a) Minimum Requirements.--Section 102(b)(1) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1103 note) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following: ``Fencing that does not effectively restrain 
        pedestrian traffic (such as vehicle barriers and virtual 
        fencing) may not be used to meet the 700-mile fence requirement 
        under this subparagraph.'';
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) not later than December 31, 2010, 
                        complete the construction of all the reinforced 
                        fencing and the installation of the related 
                        equipment described in subparagraph (A).''; and
            (3) in subparagraph (C), by adding at the end the 
        following:
                            ``(iii) Funding not contingent on 
                        consultation.--Amounts appropriated to carry 
                        out this paragraph may not be impounded or 
                        otherwise withheld for failure to fully comply 
                        with the consultation requirement under clause 
                        (i).''.
    (b) Report.--Not later than September 30, 2009, the Secretary of 
Homeland Security shall submit a report to Congress that describes--
            (1) the progress made in completing the reinforced fencing 
        required under section 102(b)(1) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
        note), as amended by this Act; and
            (2) the plans for completing such fencing before December 
        31, 2010.
    Sec. 561.  None of the amounts made available under this Act may be 
used to implement changes to the final rule describing the process for 
employers to follow after receiving a ``no match'' letter in order to 
qualify for ``safe harbor'' status (promulgated on August 15, 2007).
    Sec. 562.  None of the funds made available under this Act may be 
obligated for the construction of the National Bio and Agro-defense 
Facility on the United States mainland until 90 days after the later 
of--
            (1) the date on which the Secretary of Homeland Security 
        completes a site-specific bio-safety and bio-security 
        mitigation assessment to determine the requirements necessary 
        to ensure safe operation of the National Bio and Agro-defense 
        Facility at the preferred site identified in the January 16, 
        2009, Record of Decision published in Federal Register Vol. 74, 
        Number 111; or
            (2) the date on which the Secretary of Homeland Security, 
        in coordination with the Secretary of Agriculture, submits to 
        the Committee on Appropriations of the Senate and the Committee 
        on Appropriations of the House of Representatives a report 
        that--
                    (A) describes the procedure that will be used to 
                issue the permit to conduct foot-and-mouth disease live 
                virus research under section 7524 of the Food, 
                Conservation, and Energy Act of 2008 (21 U.S.C. 113a 
                note; Public Law 110-246); and
                    (B) includes plans to establish an 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.
    Sec. 563. (a) Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Attorney General and the Administrative Office of 
the United States Courts, shall submit a report to the congressional 
committees set forth in subsection (b) that provides details about--
            (1) additional Border Patrol sectors that should be 
        utilizing Operation Streamline programs; and
            (2) resources needed from the Department of Homeland 
        Security, the Department of Justice, and the Judiciary, to 
        increase the effectiveness of Operation Streamline programs at 
        some Border Patrol sectors and to utilize such programs at 
        additional sectors.
    (b) The congressional committees set forth in this subsection are--
            (1) the Committee on Appropriations of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Appropriations of the House of 
        Representatives;
            (4) the Committee on the Judiciary of the House of 
        Representatives; and
            (5) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.

              maritime transportation security information

    Sec. 564. (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 chapter 
        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, 
                procedures, or programs for vessels or facilities 
                authorized under this chapter.
            ``(2) Limitations.--Nothing in paragraph (1) 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, 
                organization, 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 transportation security, including basic 
                scientific research information not clearly related to 
                transportation security.''.
    (c) Conforming Amendments.--
            (1) Section 114(r) of title 49, United States Code, is 
        amended by adding at the end thereof the 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, 
                organization, 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 transportation security, including basic 
                scientific research information 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, 
                organization, 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 transportation security, including basic 
                scientific research information not clearly related to 
                transportation security.''.

                    definition of switchblade knives

    Sec. 565. Section 4 of the Act entitled ``An Act to 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 
        mechanism 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.''.

           federal deposit insurance act technical correction

    Sec. 566. (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 
                ``nondepository institution operating in such State'' 
                and inserting ``governmental entity located in such 
                State or any person that is not a depository 
                institution described in 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) 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.

     detainee photographic records protection and open freedom of 
                            information act

    Sec. 567. (a) Detainee Photographic Records Protection.--(1) Short 
title.--This subsection may be cited as the ``Detainee Photographic 
Records Protection Act of 2009''.
            (2) Definitions.--In this subsection:
                    (A) Covered record.--The term ``covered record'' 
                means any record--
                            (i) that is a photograph that--
                                    (I) was taken during the period 
                                beginning on September 11, 2001, 
                                through January 22, 2009; and
                                    (II) relates to the treatment of 
                                individuals engaged, captured, or 
                                detained after September 11, 2001, by 
                                the Armed Forces of the United States 
                                in operations outside of the United 
                                States; and
                            (ii) for which a certification by the 
                        Secretary of Defense under paragraph (3) is in 
                        effect.
                    (B) Photograph.--The term ``photograph'' 
                encompasses all photographic images, whether originals 
                or copies, including still photographs, negatives, 
                digital images, films, video tapes, and motion 
                pictures.
            (3) Certification.--
                    (A) In general.--For any photograph described under 
                paragraph (2)(A)(i), the Secretary of Defense shall 
                issue a certification, if the Secretary of Defense, in 
                consultation with the Chairman of the Joint Chiefs of 
                Staff, determines that the disclosure of that 
                photograph would endanger--
                            (i) citizens of the United States; or
                            (ii) members of the Armed Forces or 
                        employees of the United States Government 
                        deployed outside the United States.
                    (B) Certification expiration.--A certification 
                under subparagraph (A) and a renewal of a certification 
                under subparagraph (C) shall expire 3 years after the 
                date on which the certification or renewal, as the case 
                may be, is made.
                    (C) Certification renewal.--The Secretary of 
                Defense may issue--
                            (i) a renewal of a certification in 
                        accordance with subparagraph (A) at any time; 
                        and
                            (ii) more than 1 renewal of a 
                        certification.
                    (D) Notice to congress.--A timely notice of the 
                Secretary's certification shall be submitted to 
                Congress.
            (4) Nondisclosure of detainee records.--A covered record 
        shall not be subject to--
                    (A) disclosure under section 552 of title 5, United 
                States Code (commonly referred to as the Freedom of 
                Information Act); or
                    (B) disclosure under any proceeding under that 
                section.
            (5) Rule of construction.--Nothing in this subsection shall 
        be construed to preclude the voluntary disclosure of a covered 
        record.
            (6) Effective date.--This subsection shall take effect on 
        the date of enactment of this Act and apply to any photograph 
        created before, on, or after that date that is a covered 
        record.
    (b) Open Freedom of Information Act.--
            (1) Short title.--This subsection may be cited as the 
        ``OPEN FOIA Act of 2009''.
            (2) Specific citations in statutory exemptions.--Section 
        552(b) of title 5, United States Code, is amended by striking 
        paragraph (3) and inserting the following:
            ``(3) specifically exempted from disclosure by statute 
        (other than section 552b of this title), if that statute--
                    ``(A)(i) requires that the matters be withheld from 
                the public in such a manner as to leave no discretion 
                on the issue; or
                    ``(ii) establishes particular criteria for 
                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. 568. (a) In General.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Homeland Security shall, in 
consultation with the entities specified in subsection (c), submit to 
Congress a report on improving cross-border inspection processes in an 
effort to reduce the time to travel between locations in the United 
States and locations in Ontario and Quebec by intercity passenger rail.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) an evaluation of potential cross-border inspection 
        processes and methods including rolling inspections that comply 
        with Department of Homeland Security requirements that would 
        reduce the time to perform inspections on routes between 
        locations in the United States and locations in Ontario and 
        Quebec by intercity passenger rail;
            (2) an assessment of the extent to which improving or 
        expanding infrastructure and increasing staffing could increase 
        the efficiency with which intercity rail passengers are 
        inspected at border crossings without decreasing security;
            (3) an updated evaluation of the potential for pre-
        clearance by the Department of Homeland Security of intercity 
        rail passengers at locations along routes between locations in 
        the United States and locations in Ontario and Quebec, 
        including through the joint use of inspection facilities with 
        the Canada Border Services Agency, based on the report required 
        by section 1523 of the Implementing Recommendations of the 9/11 
        Commission Act of 2007 (Public Law 110-53; 121 Stat. 450);
            (4) an estimate of the timeline for implementing the 
        methods for reducing the time to perform inspections between 
        locations in the United States and locations in Ontario and 
        Quebec by intercity passenger rail based on the evaluations and 
        assessments described in paragraphs (1), (2), and (3); and
            (5) a description of how such evaluations and assessments 
        would apply with respect to--
                    (A) all existing intercity passenger rail routes 
                between locations in the United States and locations in 
                Ontario and Quebec, including designated high-speed 
                rail corridors;
                    (B) any intercity passenger rail routes between 
                such locations that have been used over the past 20 
                years and on which cross-border passenger rail service 
                does not exist as of the date of the enactment of this 
                Act; and
                    (C) any potential future rail routes between such 
                locations.
    (c) Entities Specified.--The entities to be consulted in the 
development of the report required by subsection (a) are--
            (1) the Government of Canada, including the Canada Border 
        Services Agency and Transport Canada and other agencies of the 
        Government of Canada with responsibility for providing border 
        services;
            (2) the Provinces of Ontario and Quebec;
            (3) the States of Maine, Massachusetts, New Hampshire, New 
        York, and Vermont;
            (4) the National Railroad Passenger Corporation; and
            (5) the Federal Railroad Administration.

                       administrative law judges

    Sec. 569. The administrative law judge annuitants participating 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 temporary 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 Reinvestment Act of 2009 (Public Law 111-5; 
123 Stat. 164).

     proper disposal of personal information collected through the 
                      registered traveler program

    Sec. 570. (a) In General.--Any company that collects or retains 
personal information directly from individuals who participated in the 
Registered Traveler program shall safeguard and dispose 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 Assistant 
        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 
        safeguard 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 
        with the minimum standards established by paragraph (a)(1-3).

                         immigration provisions

    Sec. 571.  (a) Special Immigrant Nonminister Religious Worker 
Program.--
            (1) Extension.--Section 101(a)(27)(C)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1101 (a)(27)(C)(ii)), 
        as amended by section 2(a) of the Special Immigrant Nonminister 
        Religious Worker Program Act (Public Law 110-391), is amended 
        by striking ``September 30, 2009'' each place such term appears 
        and inserting ``September 30, 2012''.
            (2) Study and plan.--Not later than the earlier of 90 days 
        after the date of the enactment of this Act or March 30, 2010, 
        the Director of United States 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 
                supervision 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 the Department of Homeland Security against 
                noncompliant program participants and future 
                noncompliant program participants.
            (3) Progress report.--Not later than the earlier of 90 days 
        after the submission of the report under subsection (b) or June 
        30, 2010, 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 reducing the number of noncompliant participants of the 
        Special Immigrant Nonminister Religious Worker Program.
    (b) Conrad State 30 J-1 Visa Waiver Program.--Section 220(c) of the 
Immigration and Nationality 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 enactment of this Act.
                    (B) Transition cases.--
                            (i) In general.--Notwithstanding any other 
                        provision 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 section 
                        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--
                                    (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 married for less than 2 
                                years at the time of the citizen 
                                spouse's death; and
                                    (III) the alien has not remarried.
    (d) Humanitarian Consideration for Pending Petitions 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) Humanitarian Consideration for Pending Petitions and 
Applications.--
            ``(1) In general.--An alien described in paragraph (2) who 
        was the beneficiary or derivative beneficiary of a petition (as 
        defined in section 204, 207, or 208) filed on behalf of the 
        alien or principal beneficiary before the death of the 
        qualifying relative and who continues to reside in the United 
        States shall have such petition and any related or subsequent 
        applications for adjustment of status to that of a person 
        admitted for lawful permanent residence adjudicated as if the 
        death had not occurred, 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 
        paragraph is an alien who, immediately prior to the death of 
        his or her qualifying relative, was--
                    ``(A) an immediate relative (as described in 
                section 201(b)(2)(A)(i));
                    ``(B) a family-sponsored immigrant (as described in 
                subsection (a) or (d) of section 203);
                    ``(C) a derivative beneficiary of an employment-
                based immigrant under section 203(b) (as described in 
                section 203(d));
                    ``(D) a spouse or child of a refugee (as described 
                in section 207(c)(2)); or
                    ``(E) 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.
    Sec. 572. (a) The amount appropriated under the heading 
``Firefighter Assistance Grants'' under the heading ``Federal Emergency 
Management Agency'' under by title III for necessary expenses for 
programs authorized by the Federal Fire Prevention and Control Act of 
1974 is increased by $10,000,000 for necessary expenses to carry out 
the programs authorized under section 33 of that Act (15 U.S.C. 2229).
    (b) The total amount of appropriations under the heading ``Aviation 
Security'' under the heading ``Transportation Security Administration'' 
under title II, the amount for screening operations and the amount for 
explosives detection systems under the first proviso under that heading 
and the amount for the purchase and installation of explosives 
detection systems under the second proviso under that heading are 
reduced by $4,500,000.
    (c) From the unobligated balances of amounts appropriated before 
the date of enactment of this Act for the appropriations account under 
the heading ``State and Local Programs'' under the heading ``Federal 
Emergency Management Agency'' for ``Trucking Industry Security 
Grants'', $5,500,000 are rescinded.
    Sec. 573.  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 the prescription 
drug may not be--

       proper awarding of incentive fees for contract performance

    Sec. 574. 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 performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 575.  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.

              checking the immigration status of employees

    Sec. 576. Section 403(a)(3)(A) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 
1324a note) is amended--
            (1) by striking ``The person'' and inserting the following:
                            ``(i) Upon hiring.--The person''; and
            (2) by adding at the end the following:
                            ``(ii) Existing employees.--An employer 
                        that elects to verify the employment 
                        eligibility of existing employees shall verify 
                        the employment eligibility of all such 
                        employees not later than 10 days after 
                        notifying the Secretary of Homeland Security of 
                        such election.''.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2010''.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                               H.R. 2892

_______________________________________________________________________

                               AMENDMENT