[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2892 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 2892
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2010, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
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, $147,427,000 (reduced by
$17,000,000) (reduced by $6,000,000) (reduced by $5,000,000) (reduced
by $1,700,000): 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.
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), $268,690,000 (reduced
by $5,900,000) (reduced by $14,000,000) (reduced by $45,000,000)
(reduced by $50,000,000), of which not less than $1,000,000 shall be
for logistics training; and of which not to exceed $3,000 shall be for
official reception and representation expenses: Provided, That of the
total amount made available under this heading, $6,000,000 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 (reduced by $3,000,000), of which
$11,000,000 shall remain available until expended for financial systems
consolidation efforts.
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,
$299,593,000 (reduced by $18,000,000); of which $86,912,000 shall be
available for salaries and expenses; and of which $212,681,000 (reduced
by $18,000,000), 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 none of the funds appropriated shall
be used to support or supplement the appropriations provided for the
United States Visitor and Immigrant Status Indicator Technology project
or the Automated Commercial Environment: 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 such expenditure plan shall include each
specific project funded, key milestones, all funding sources for each
project, details of annual and lifecycle costs, and projected cost
savings or cost avoidance to be achieved by the project.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $345,556,000, of which not
to exceed $5,000 shall be for official reception and representation
expenses; and of which $199,677,000 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 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.), $111,874,000, 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; $7,576,897,000 (increased by
$4,900,000) (increased by $34,000,000) (reduced by $1,000,000)
(increased by $1,000,000), 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 $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; and of which not
more than $800,000 shall be for procurement of portable solar charging
rechargeable battery systems, to be awarded under full and open
competition: 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.
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, $732,000,000, to remain available until expended: Provided,
That of the total amount made available under this heading,
$150,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure, prepared by the Secretary of
Homeland Security, reviewed by the Government Accountability Office,
and submitted not later than 90 days after the date of the enactment of
this Act, for a program to establish and maintain a security barrier
along the borders of the United States, of fencing and vehicle barriers
where practicable, and of other forms of tactical infrastructure and
technology, that includes--
(1) a detailed accounting of the program's implementation
to date for all investments, including technology and tactical
infrastructure, for funding already expended relative to system
capabilities or services, system performance levels, mission
benefits and outcomes, milestones, cost targets, program
management capabilities, identification of the maximum
investment, including life-cycle costs, related to the Secure
Border Initiative program or any successor program, and
description of the methodology used to obtain these cost
figures;
(2) a description of how specific projects will further the
objectives of the Secure Border Initiative, as defined in the
Department of Homeland Security Secure Border Plan, and how the
expenditure plan allocates funding to the highest priority
border security needs;
(3) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(4) an identification of staffing, including full-time
equivalents, contractors, and detailees, by program office;
(5) a description of how the plan addresses security needs
at the Northern border and ports of entry, including
infrastructure, technology, design and operations requirements,
specific locations where funding would be used, and priorities
for Northern border activities;
(6) a report on budget, obligations and expenditures, the
activities completed, and the progress made by the program in
terms of obtaining operational control of the entire border of
the United States;
(7) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones to
fully address such recommendations;
(8) a certification by the Chief Procurement Officer of the
Department including all supporting documents or memoranda, and
documentation and a description of the investment review
processes used to obtain such certifications, that--
(A) the program has been reviewed and approved in
accordance with the investment management process of
the Department, and that the process fulfills all
capital planning and investment control requirements
and reviews established by the Office of Management and
Budget, including as provided in Circular A-11, part 7;
(B) the plans for the program comply with the
Federal acquisition rules, requirements, guidelines,
and practices, and a description of the actions being
taken to address areas of non-compliance, the risks
associated with such actions, together with any plans
for addressing these risks, and the status of the
implementation of such actions; and
(C) procedures to prevent conflicts of interest
between the prime integrator and major subcontractors
are established and that the Secure Border Initiative
Program Office has adequate staff and resources to
effectively manage the Secure Border Initiative program
and all contracts under such program, including the
exercise of technical oversight;
(9) a certification by the Chief Information Officer of the
Department including all supporting documents or memoranda, and
documentation and a description of the investment review
processes used to obtain such certifications that--
(A) the system architecture of the program has been
determined to be sufficiently aligned with the
information systems enterprise architecture of the
Department to minimize future rework, including a
description of all aspects of the architectures that
were or were not assessed in making the alignment
determination, the date of the alignment determination,
and any known areas of misalignment together with the
associated risks and corrective actions to address any
such areas;
(B) the program has a risk management process that
regularly and proactively identifies, evaluates,
mitigates, and monitors risks throughout the system
life cycle and communicates high-risk conditions to
U.S. Customs and Border Protection and Department of
Homeland Security investment decision-makers, as well
as a listing of all the program's high risks and the
status of efforts to address such risks; and
(C) an independent verification and validation
agent is currently under contract for the projects
funded under this heading;
(10) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the Secure
Border Initiative program are being addressed so as to ensure
adequate staff and resources to effectively manage the Secure
Border Initiative; and
(11) an analysis by the Secretary for each segment, defined
as not more than 15 miles, of fencing or tactical
infrastructure, of the selected approach compared to other,
alternative means of achieving operational control, including
cost, level of operational control, possible unintended effects
on communities, and other factors critical to the
decisionmaking process:
Provided further, That the Secretary shall report to the Committees on
Appropriations of the Senate and the House of Representatives on
program progress, and obligations and expenditures for all outstanding
task orders as well as specific objectives to be achieved through the
award of current and remaining task orders planned for the balance of
available appropriations at least 15 days before the award of any task
order requiring an obligation of funds in an amount greater than
$25,000,000 and before the award of a task order that would cause
cumulative obligations of funds to exceed 50 percent of the total
amount appropriated: Provided further, That none of the funds made
available under this heading may be obligated unless the Department has
complied with section 102(b)(1)(C)(i) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and the
Secretary certifies such to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That none of
the funds made available under this heading may be obligated for any
project or activity for which the Secretary has exercised waiver
authority pursuant to section 102(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15
days have elapsed from the date of the publication of the decision in
the Federal Register.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $513,826,000, 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.
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,
$682,133,000, of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations;
and of which $279,870,000 shall remain available until expended; of
which not more than $3,500,000 shall be for acquisition, design, and
construction of U.S. Customs and Border Protection Air and Marine
facilities at El Paso International Airport, Texas.
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;
$5,311,493,000 (increased by $1,700,000), 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 $1,500,000,000 shall be available to identify aliens
convicted of a crime who may be deportable, and to remove them from the
United States once they are judged deportable, of which $200,000,000
shall remain available until September 30, 2011: 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, not later than 30 days after the end of each fiscal
quarter, on progress implementing the preceding proviso and the funds
obligated during that quarter to make that progress: Provided further,
That the Secretary shall prioritize the identification and removal of
aliens convicted of a crime by the severity of that crime: Provided
further, That of the total amount provided, not less than
$2,549,180,000 shall be for detention and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That of
the total amount provided, $6,800,000 (increased by $1,700,000) shall
remain available until September 30, 2011, for the Visa Security
Program: Provided further, That none of the funds provided under this
heading may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been violated: Provided
further, That none of the funds provided under this heading may be used
to continue any contract for the provision of detention services if the
two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system: Provided
further, That nothing under this heading shall prevent U.S. Immigation
and Customs Enforcement from exercising those authorities provided
under immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime: Provided further,
That none of the funds provided under this heading may be obligated to
co-locate field offices of U.S. Immigration and Customs Enforcement
until the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a plan
for the nationwide implementation of the Alternatives to Detention
Program that identifies: (1) the funds required for nationwide program
implementation; (2) the timeframe for achieving nationwide program
implementation; and (3) an estimate of the number of individuals who
could be enrolled in a nationwide program.
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 is engaged on a
daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff''): Provided further, That
none of the funds made available in this Act may be used to modify or
restructure the bureaucratic organization of the Federal Protective
Service as part of U.S. Immigration and Customs Enforcement.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $105,000,000, to remain available until expended.
construction
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,
$11,818,000, to remain available until expended: Provided, That none of
the funds made available in this Act may be used to solicit or consider
any request to privatize facilities currently owned by the United
States Government and used to detain aliens unlawfully present in the
United States until the Committees on Appropriations of the Senate and
the House of Representatives receive a plan for carrying out that
privatization.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
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), $5,265,740,000, 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 $4,409,776,000 shall be for screening operations, of which
$1,138,106,000 shall be available for explosives detection systems; and
not to exceed $855,964,000 shall be for aviation security direction and
enforcement: Provided further, That of the amount made available in the
preceding proviso for explosives detection systems, $800,000,000 shall
be available for the purchase and installation of these systems:
Provided further, That of the total amount provided, $1,250,000 shall
be made available for Safe Skies Alliance to develop and enhance
research and training capabilities for Transportation Security Officer
improvised explosive recognition training: 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 $3,165,740,000: 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 House of Representatives and
Senate, including the leadership; the heads of Federal agencies and
commissions, including the Secretary, Under Secretaries, and Assistant
Secretaries of Homeland Security; the 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, $103,416,000, 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: Provided, That if the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines that the
Secure Flight program does not need to check airline passenger names
against the full terrorist watch list, the Assistant Secretary shall
certify to the Committees on Appropriations of the Senate and the House
of Representatives that no significant security risks are raised by
screening airline passenger names only against a subset of the full
terrorist watch list.
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), $992,980,000,
to remain available until September 30, 2011: Provided, That not to
exceed $5,000,000 may 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 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; 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 for small boats for such requirements,
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; $6,822,026,000, of which
$340,000,000 shall be for defense-related activities; of which
$241,503,000 is designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111\th\
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: 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.
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; $1,347,480,000, 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 $103,000,000 shall be available until
September 30, 2014, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $119,500,000 shall be
available until September 30, 2012, for other equipment; of which
$10,000,000 shall be available until September 30, 2012, for shore
facilities and aids to navigation facilities; of which $100,000,000
shall be available for personnel compensation and benefits and related
costs; and of which $1,014,980,000 shall be available until September
30, 2014, for the Integrated Deepwater Systems program: Provided, That
of the funds made available for the Integrated Deepwater Systems
program, $269,000,000 is for aircraft and $591,380,000 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 such legacy assets;
a detailed explanation of how the costs of such legacy assets are being
accounted for within the Integrated Deepwater Systems program; and the
earned value management system gold card data for each Integrated
Deepwater Systems 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), $10,000,000, to remain available until expended.
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;
$19,745,000, to remain available until expended, of which $500,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,361,245,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including: purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of Columbia,
and fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or 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; $1,457,409,000, 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 made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided further, That the
Director of the United States Secret Service may enter into an
agreement to perform such service on a fully reimbursable basis.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,975,000, to remain
available until expended.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk 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.),
$883,346,000, of which $744,085,000 shall remain available until
September 30, 2011: Provided, That of the amount made available under
this heading, $155,000,000 may not be obligated for the National Cyber
Security Initiative program and $25,000,000 may not be obligated for
the Next Generation Networks program until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure for that program that describes the
strategic context of the program; the specific goals and milestones set
for the program; and the funds allocated to achieving each of those
goals: Provided further, That of the total amount provided, $1,000,000
is for Philadelphia infrastructure monitoring; $3,500,000 is for State
and local cyber security training; $3,000,000 is for the Power and
Cyber Systems Protection, Analysis, and Testing Program at the Idaho
National Laboratory; $3,500,000 is for the Cyber Security Test Bed and
Evaluation Center; $3,000,000 is for the Multi-State Information
Sharing and Analysis Center; $500,000 is for the Virginia Operational
Integration Cyber Center of Excellence; $100,000 is for the Upstate New
York Cyber Initiative; and $1,000,000 is for interoperable
communications, technical assistance and outreach programs.
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), $351,800,000, 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
program 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 that includes--
(1) a detailed accounting of the program's progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost
targets, and program management capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance
levels, mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones
for fully addressing such recommendations;
(4)(A) a certification by the Chief Procurement Officer of
the Department that--
(i) the program has been reviewed and approved in
accordance with the investment management process of
the Department;
(ii) the process fulfills all capital planning and
investment control requirements and reviews established
by the Office of Management and Budget, including as
provided in Circular A-11, part 7; and
(iii) the plans for the program comply with Federal
acquisition rules, requirements, guidelines, and
practices; and
(B) a description by the Chief Procurement Officer of the
actions being taken to address areas of non-compliance, the
risks associated with such areas as well as any plans for
addressing such risks, and the status of the implementation of
such actions;
(5)(A) a certification by the Chief Information Officer of
the Department that--
(i) an independent verification and validation
agent is currently under contract for the program;
(ii) the system architecture of the program is
sufficiently aligned with the information systems
enterprise architecture of the Department to minimize
future rework, including a description of all aspects
of the architecture that were or were not assessed in
making the alignment determination, the date of the
alignment determination, and any known areas of
misalignment along with the associated risks and
corrective actions to address any such areas; and
(iii) the program has a risk management process
that regularly identifies, evaluates, mitigates, and
monitors risks throughout the system life cycle, and
communicates high-risk conditions to agency and
Department investment decision makers; and
(B) a listing by the Chief Information Officer of all the
program's high risks and the status of efforts to address them;
(6) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program are
being strategically and proactively managed, and that current
human capital capabilities are sufficient to execute the plans
discussed in the report; and
(7) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$128,400,000, of which $30,411,000 is for salaries and expenses:
Provided, That $97,989,000 shall remain available until September 30,
2011, for biosurveillance, BioWatch, medical readiness planning,
chemical response, and other activities, including $5,000,000 for the
North Carolina Collaboratory for Bio-Preparedness, University of North
Carolina, Chapel Hill: Provided further, That not to exceed $3,000
shall be for official reception and representation expenses.
Federal Emergency Management Agency
management and administration
For necessary expenses for management and administration of the
Federal Emergency Management Agency, $844,500,000, 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 of 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.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $2,829,000,000 (increased by $7,000,000) shall be allocated
as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That of the amount provided
by this paragraph, $60,000,000 shall be for Operation
Stonegarden: Provided further, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2010, the
Commonwealth of Puerto Rico shall make available to local and
tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $887,000,000 (increased by $3,000,000) 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, $15,000,000
(increased by $3,000,000) shall be for grants to organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of
such code) determined by the Secretary of Homeland Security to
be at high risk of a terrorist attack.
(3) $40,000,000 (increased by $4,000,000) 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).
(4) $15,000,000 shall be for the Citizen Corps Program.
(5) $250,000,000 shall be for Public Transportation
Security Assistance and Railroad Security Assistance under
sections 1406 and 1513 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (6 U.S.C. 1135 and 1163):
Provided, That such public transportation security assistance
shall be provided directly to public transportation agencies.
(6) $250,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C
70107(c).
(7) $12,000,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1182).
(8) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(9) $50,000,000 shall be for grants in accordance with
section 204 of the REAL ID Act of 2005 (49 U.S.C. 30301 note).
(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) $40,000,000 shall remain available until expended 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), as detailed in the statement
accompanying this Act.
(12) $235,000,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $132,000,000 shall be for the National Domestic
Preparedness Consortium in accordance with section 1204
of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1102), of which
$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; and $40,000,000 shall be for
the Center for Domestic Preparedness, Alabama; and
(B) $3,000,000 shall be for the Rural Domestic
Preparedness Consortium, Eastern Kentucky University:
Provided, That not to exceed 3 percent of the amounts provided under
this heading may be transferred to the Federal Emergency Management
Agency ``Management and Administration'' account for program
administration, and an expenditure plan for program administration
shall be provided to the Committees on Appropriations of the Senate and
the House of Representatives within 60 days after the date of enactment
of this Act: Provided further, That for grants under paragraphs (1)
through (4), the applications for grants shall be made available to
eligible applicants not later than 25 days after the date of enactment
of this Act, eligible applicants shall submit applications not later
than 90 days after the grant announcement, and 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 (5) through (7) and (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, eligible applicants shall submit
applications within 45 days after the grant announcement, and 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; and (b) the head of the Center
for Domestic Preparedness shall ensure that any training provided under
(a) does not interfere with the primary mission of the Center to train
State and local emergency response providers.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$800,000,000 (increased by $10,000,000), of which $380,000,000
(increased by $10,000,000) shall be available to carry out section 33
of that Act (15 U.S.C. 2229) and $420,000,000 shall be available to
carry out section 34 of that Act (15 U.S.C. 2229a), to remain available
until September 30, 2011: Provided, That not to exceed 5 percent of the
amount available under this heading shall be available for program
administration, and an expenditure plan for program administration
shall be provided to the 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.), $330,000,000: Provided, That total
administrative costs shall not exceed 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.),
$2,000,000,000, 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
submit to such Committees a quarterly report detailing obligations
against the expenditure plan and a justification for any changes in
spending: Provided further, That of the total amount provided,
$16,000,000 shall be transferred to the Department of Homeland Security
Office of Inspector General for audits and investigations related to
disasters, subject to section 503 of this Act: Provided further, That
up to $90,080,000 may be transferred to the Federal Emergency
Management Agency ``Management and Administration'' account for
management and administration functions: Provided further, That the
amount provided in the previous proviso shall not be available for
transfer to the ``Management and Administration'' account until the
Federal Emergency Management Agency submits an expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That the Administrator of the
Federal Emergency Management Agency shall report monthly beginning July
1, 2009, to the Committee on Appropriations of the House of
Representatives regarding the number of individuals and households in
need of Federal disaster assistance as a result of such severe storms,
tornados, flooding, and mudslides (under FEMA-1841-DR) but denied
assistance due to failure to meet flood insurance requirements. Such
report shall include the reasons and circumstances for each denial per
individual and household: 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 remain available until
September 30, 2011, and shall be derived from offsetting collections
assessed and collected under section 1308(b)(3) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015(b)(3)), which shall be 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: Provided, That any additional fees collected pursuant to
section 1308(b)(3) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(b)(3)) shall be credited as an offsetting collection to
this account, to be available for flood plain management and flood
mapping: Provided further, That if the Administrator of the Federal
Emergency Management Agency determines that such amount for salaries
and expenses is insufficient, the Administrator of the Federal
Emergency Management Agency may use amounts made available under this
heading for flood plain management and flood mapping to pay for such
salaries and expenses, but only if the Administrator submits to the
Committees on Appropriations of the Senate and the House of
Representatives notice of the Administrator's intention to use such
funds for such purpose 30 days in advance of any such use: 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 shall be 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 shall be 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
(42 U.S.C 1366(i)) 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), $100,000,000, to remain available until expended and as
detailed in the statement accompanying this Act: 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.), $200,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$248,000,000 (increased by $50,000,000), of which $100,000,000 shall be
for processing applications for asylum or refugee status; and of which
$112,000,000 (increased by $50,000,000) is for the basic pilot program,
as authorized by section 402 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist
United States employers with maintaining a legal workforce: Provided,
That notwithstanding any other provision of law, funds available to
United States Citizenship and Immigration Services may be used to
acquire, operate, equip, and dispose of up to five vehicles, for
replacement only, for areas where the Administrator of General Services
does not provide vehicles for lease: Provided further, That the
Director of United States Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment: Provided further, That none of the funds made available
under this heading may be obligated for processing applications for
asylum or refugee status unless the Secretary of Homeland Security has
published a final rule updating part 103 of title 8, Code of Federal
Regulations, to discontinue the asylum/refugee surcharge: Provided
further, That none of the funds made available under this heading for
may be obligated for development of the ``REAL ID hub'' until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure for that
program that describes the strategic context of the program, the
specific goals and milestones set for the program, and the funds
allocated for achieving each of these goals and milestones.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $239,356,000, of which up to $47,751,000 shall
remain available until September 30, 2011, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended for Federal law enforcement
agencies participating in training accreditation, to be distributed as
determined by the 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.), $142,200,000: 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.); $825,356,000, to remain
available until expended: Provided, That of the amount provided,
$12,000,000 shall be for construction expenses of the Pacific Northwest
National Laboratory: Provided further, That not less than $10,000,000
shall be available for the National Institute for Hometown Security,
Kentucky: Provided further, That not less than $2,000,000 shall be
available for the Naval Postgraduate School: Provided further, That not
less than $1,000,000 shall be available to continue a homeland security
research, development, and manufacturing pilot project: Provided
further, That $500,000 shall be available for a demonstration project
to develop situational awareness and decision support capabilities
through remote sensing technologies: Provided further, That $4,000,000
shall be available for a pilot program to develop a replicable port
security system that would improve maritime domain awareness: Provided
further, That none of the funds available under this heading, in this
Act, or in any previously enacted law shall be obligated for
construction of a National Bio- and Agro-defense Facility located on
the United States mainland until the Secretary of Homeland Security
receives a risk assessment prepared by a person who is not an officer
or employee of the Department of Homeland Security of whether foot-and-
mouth disease work can be done safely on the United States mainland.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) as amended, for management and administration of
programs and activities, $39,599,000: 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
(increased by $50,000,000), to remain available until expended.
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, office, 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.
(e) Within 90 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a report
listing all dollar amounts specified in this Act and accompanying
explanatory statement that are identified in the detailed funding table
at the end of the explanatory statement accompanying this Act or any
other amounts specified in this Act or accompanying explanatory
statement: Provided, That such dollar amounts specified in this Act and
accompanying explanatory statement shall be subject to the conditions
and requirements of subsections (a), (b), and (c) of this section.
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, grant award, contract award, other
transactional agreement, or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly the intention to make
such an award, including a contract covered by the Federal Acquisition
Regulation, unless the Secretary of Homeland Security 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 for which the funds
for the award were appropriated, and the account from which the funds
are being drawn: Provided further, That the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award under the State
and Local Programs.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law 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, 522, 528, 530, and 531 of the
Department of Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2072, 2073, 2074, 2082) shall apply with
respect to funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
Sec. 512. None of the funds appropriated by this Act may be used
to process or approve a competition under 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. 513. (a) The Secretary of Homeland Security shall research,
develop, and procure new technologies to inspect and screen air cargo
carried on passenger aircraft by the earliest date possible.
(b) Checked baggage explosive detection equipment and screeners
that exist as of the date of the enactment of this Act shall be used to
screen air cargo carried on passenger aircraft to the greatest extent
practicable at each airport until technologies developed under
subsection (a) are available for such purpose.
(c) The Assistant Secretary of Homeland Security (Transportation
Security Administration) shall work with air carriers and airports to
ensure that the screening of cargo carried on passenger aircraft, as
defined in section 44901(g)(5) of title 49, United States Code,
increases incrementally each quarter.
(d) 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 requirements of section
44901(g)(2) of title 49, United States Code.
(e) Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a report
on how the Transportation Security Administration plans to meet the
requirement for screening all air cargo on passenger aircraft by the
deadline under section 44901(g) of title 49, United States Code. The
report shall identify the elements of the system to screen 100 percent
of cargo transported between domestic airports at a level of security
commensurate with the level of security for the screening of passenger
checked baggage.
Sec. 514. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to the Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' accounts for fiscal years 2004,
2005, 2006, and 2007 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. 515. Any funds appropriated to the Coast Guard ``Acquisition,
Construction, and Improvements'' account 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 Fast Response Cutter program.
Sec. 516. Within 45 days after the end of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month
that includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract employees for
each office of the Department.
Sec. 517. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2009'' and inserting ``2010''.
Sec. 518. 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. 519. (a) None of the funds provided by this or any other Act
may be obligated for the development, testing, deployment, or operation
of any portion of a human resources management system authorized by
Section 9701(a) of title 5, United States Code, or by regulations
prescribed pursuant to such section, for an employee, as that term is
defined in section 7103(a)(2) of such title.
(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in section 9701(e) of
title 5, United States Code, in the planning, testing, and development
of any portion of a human resources management system that is
developed, tested, or deployed for persons excluded from the definition
of employee as that term is defined in section 7103(a)(2) of such
title.
Sec. 520. For fiscal year 2010, none of the funds made available
in this or any other Act may be used to enforce section 4025(1) of
Public Law 108-458 unless the Assistant Secretary of Homeland Security
(Transportation Security Administration) reverses the determination of
July 19, 2007, that butane lighters are not a significant threat to
civil aviation security.
Sec. 521. 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. 522. (a) Except as provided in subsection (b), none of the
funds appropriated in this or any other Act to the Office of the
Secretary and Executive Management, the Office of the Under Secretary
for Management, or the Office of the Chief Financial Officer, may be
obligated for a grant or contract funded under such headings by any
means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
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 subsections (a),
(b), and (c) of this section, the Inspector General of the Department
of Homeland Security shall review departmental contracts awarded
through means other than a full and open competition to assess
departmental compliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected contracts awarded in
the previous fiscal year through other than full and open competition:
Provided further, That in selecting which contracts to review, the
Inspector General shall 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.
Sec. 523. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official for any Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies.
Sec. 524. None of the funds made available in this Act may be used
by United States Citizenship and 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. 525. None of the funds made available in this Act may be used
to destroy or put out to pasture any horse or other equine belonging to
the Federal Government that has become unfit for service, unless the
trainer or handler is first given the option to take possession of the
equine through an adoption program that has safeguards against
slaughter and inhumane treatment.
Sec. 526. None of the funds provided in this Act shall be
available to carry out section 872 of the Homeland Security Act of 2002
(6 U.S.C. 452).
Sec. 527. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 528. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 529. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for
any new hires by the 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. 530. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381(g)) from importing a prescription drug from Canada that complies
with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.):
Provided, That this section shall apply only to individuals
transporting on their person a personal-use quantity of the
prescription drug, not to exceed a 90-day supply: Provided further,
That the 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. 531. None of the funds made available in this Act may be used
by the Secretary of Homeland Security or any delegate of the Secretary
to issue any rule or 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. 532. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2009'' and inserting ``Until September 30, 2010,''; and
(2) in subsection (d)(1), by striking ``September 30,
2009,'' and inserting ``September 30, 2010,''.
Sec. 533. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 534. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date that
the President determines whether to declare a major disaster because of
an event and any appeal is completed, the Administrator shall submit to
the Committee on Homeland Security and Governmental 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. 535. Notwithstanding any other provision of law, in the
fiscal year 2010 or a subsequent fiscal year, if the Secretary of
Homeland Security determine that the National Bio- and Agro-defense
Facility should be located at a site other than Plum Island, New York,
the Secretary shall liquidate the Plum Island asset by directing the
Administrator of General Services to sell, through public sale, all
real and related personal property and transportation assets that
support Plum Island operations, subject to such terms and conditions as
the Secretary determines are necessary to protect government interests
and meet program requirements: Provided, That the 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: Provided further, That after the
completion of construction and environmental remediation, the
unexpended balances of funds appropriated for costs referred to in the
preceding proviso shall be available for transfer to the appropriate
account for design and construction of a consolidated Department of
Homeland Security 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. 536. Any official who is required by this Act to report or
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 537. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under subsection (g)(4)(B) of
title 31, Unites States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 538. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an airport
does not need to participate in the basic pilot program under section
402 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note), the Assistant Secretary shall certify to
the Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result from such non-
participation.
Sec. 539. From the unobligated balances of prior year
appropriations made available for ``Analysis and Operations'',
$2,203,000 is rescinded.
Sec. 540. The explanatory statement referenced in section 4 of
Public Law 110-161 for ``National Predisaster Mitigation Fund'' under
Federal Emergency Management Agency is deemed to be amended--
(1) by striking ``Dalton Fire District'' and all that
follows through ``750,000'' and inserting the following:
``Franklin Regional Council of Governments, MA............. 250,000
Town of Lanesborough, MA................................... 175,000
University of Massachusetts, MA............................ 175,000'';
(2) by striking ``Santee and'';
(3) by striking ``3,000,000'' and inserting ``1,500,000'';
(4) by inserting after the item relating to Adjutant
General's Office of Emergency Preparedness the following:
``Town of Branchville, SC.................................. 1,500,000''
;
and
(5) by striking ``Public Works Department of the City of
Santa Cruz, CA'' and inserting ``Monterey County Water
Resources Agency, CA''.
Sec. 541. Section 203(m) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``September 30, 2009'' and inserting ``September 30, 2010''.
Sec. 542. From the unobligated balances of prior year
appropriations made available for the ``Infrastructure Protection and
Information Security'' account, $5,963,000 is rescinded.
Sec. 543. From unobligated amounts that are available to the Coast
Guard for fiscal year 2008 or 2009 for acquisition, construction, and
improvements for shoreside facilities and aids to navigation at Coast
Guard Sector Buffalo, the Secretary of Homeland Security shall use such
sums as may be necessary to make improvements to the land along the
northern portion of Sector Buffalo to enhance public access to the
Buffalo Lighthouse and the waterfront.
Sec. 544. For fiscal year 2010 and hereinafter, the Secretary may
provide to personnel appointed or assigned to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I of
the Foreign Service Act of 1990 (22 U.S.C. 4081 et seq.).
Sec. 545. (a) Extension of Programs.--Section 143 of Division A of
the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 et seq.),
as amended by section 101 of division J of the Omnibus Appropriations
Act, 2009 (Public Law 111-8), is amended by striking ``September 30,
2009'' and inserting ``September 30, 2011''.
(b) Protection of Social Security Administration Programs.--
(1) Funding under agreement.--Effective for fiscal years
beginning on or after October 1, 2009, the Commissioner of
Social Security and the Secretary of Homeland Security shall
enter into and maintain an agreement which shall--
(A) provide funds to the Commissioner for the full
costs of the responsibilities of the Commissioner under
section 404 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), including--
(i) acquiring, installing, and maintaining
technological equipment and systems necessary
for the fulfillment of the responsibilities of
the Commissioner under such section 404, but
only that portion of such costs that are
attributable exclusively to such
responsibilities; and
(ii) responding to individuals who contest
a tentative nonconfirmation provided by the
basic pilot confirmation system established
under such section;
(B) subject to the availability of appropriations
for such purpose, provide such funds quarterly in
advance of the applicable quarter based on estimating
methodology agreed to by the Commissioner and the
Secretary (except in such instances where the delayed
enactment of an annual appropriation may preclude such
quarterly payments); and
(C) require an annual accounting and reconciliation
of the actual costs incurred and the funds provided
under the agreement, which shall be jointly reviewed by
the Office of the Inspector General of the Social
Security Administration and the Office of Inspector
General of the Department of Homeland Security.
(2) Continuation of employment verification in absence of
timely agreement.--In any case in which the agreement required
under paragraph (1) for any fiscal year beginning on or after
October 1, 2009, has not been reached as of October 1 of such
fiscal year, the most recent agreement between the Commissioner
and the Secretary of Homeland Security providing for funding to
cover the costs of the responsibilities of the Commissioner
under section 404 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be deemed in effect on an interim basis for such fiscal
year until such time as an agreement required under paragraph
(1) is subsequently reached, except that the terms of such
interim agreement shall be modified by the Director of the
Office of Management and Budget to adjust for inflation and any
increase or decrease in the volume of requests under the basic
pilot confirmation system. In any case in which an interim
agreement applies for any fiscal year under this paragraph, the
Commissioner and the Secretary shall, not later than October 1
of such fiscal year, notify the Committee on Ways and Means of
the House of Representatives, the Committees on the Judiciary
of the Senate and the House of Representatives, the Committees
on Appropriations of the Senate and the House of
Representatives, and the Committee on Finance of the Senate of
the failure to reach the agreement required under paragraph (1)
for such fiscal year. Until such time as the agreement required
under paragraph (1) has been reached for such fiscal year, the
Commissioner and the Secretary shall, not later than the end of
each 90-day period after October 1 of such fiscal year, notify
such Committees of the status of negotiations between the
Commissioner and the Secretary in order to reach such an
agreement.
(c) GAO Study of Basic Pilot Confirmation System.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Comptroller General shall
conduct a study regarding erroneous tentative nonconfirmations
under the basic pilot confirmation system established under
section 404(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).
(2) Matters to be studied.--In the study required under
paragraph (1), the Comptroller General shall determine and
analyze--
(A) the causes of erroneous tentative
nonconfirmations under the basic pilot confirmation
system;
(B) the processes by which such erroneous tentative
nonconfirmations are remedied; and
(C) the effect of such erroneous tentative
nonconfirmations on individuals, employers, and Federal
agencies.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit the
results of the study required under paragraph (1) to the
Committee on Ways and Means of the House of Representatives,
the Committees on the Judiciary of the Senate and the House of
Representatives, the Committee on Finance of the Senate, and
the Committees on Appropriations of the Senate and the House of
Representatives.
(d) GAO Study of Effects of Basic Pilot Program on Small
Entities.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committees on the Judiciary of the Senate and the House
of Representatives and the Committees on Appropriations of the
Senate and the House of Representatives a report containing the
Comptroller General's analysis of the effects of the basic
pilot program described in section 404(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) on small entities (as defined in section 601
of title 5, United States Code). The report shall detail--
(A) the costs of compliance with such program on
small entities;
(B) a description and an estimate of the number of
small entities enrolled and participating in such
program or an explanation of why no such estimate is
available;
(C) the projected reporting, recordkeeping, and
other compliance requirements of such program on small
entities;
(D) factors that impact small entities' enrollment
and participation in such program, including access to
appropriate technology, geography, entity size, and
class of entity; and
(E) the steps, if any, the Secretary of Homeland
Security has taken to minimize the economic impact of
participating in such program on small entities.
(2) Direct and indirect effects.--The report shall cover,
and treat separately, direct effects (such as wages, time, and
fees spent on compliance) and indirect effects (such as the
effect on cash flow, sales, and competitiveness).
(3) Specific contents.--The report shall provide specific
and separate details with respect to--
(A) small businesses (as defined in section 601 of
title 5, United States Code) with fewer than 50
employees; and
(B) small entities operating in States that have
mandated use of the basic pilot program.
Sec. 546. (a) In General.--Strike subparagraphs (A) through (C)
that appear within section 426(b) of division J of the Consolidated
Appropriations Act, 2005 (Public Law 108-447) and insert the following:
``(A) Secretaray of state.--One-third of the
amounts deposited into the Fraud Prevention and
Detection Account shall remain available to the
Secretary of State until expended for programs and
activities--
``(i) to increase the number of consular
and diplomatic security personnel assigned
primarily to the function of preventing and
detecting fraud by applicants for visas
described in subparagraph (H)(i), (H)(ii), or
(L) of section 101(a)(15);
``(ii) otherwise to prevent and detect visa
fraud, including fraud by applicants for visas
described in subparagraph (H)(i), (H)(ii), or
(L) of section 101(a)(15), as well as the
purchase, lease, construction, and staffing of
facilities for the processing of these classes
of visa, in consultation with the Secretary of
Homeland Security as appropriate; and
``(iii) upon request by the Secretary of
Homeland Security, to assist such Secretary in
carrying out the fraud prevention and detection
programs and activities described in
subparagraph (B).
``(B) Secretary of homeland security.--One-third of
the amounts deposited into the Fraud Prevention and
Detection Account shall remain available to the
Secretary of Homeland Security until expended for
programs and activities to prevent and detect
immigration benefit fraud, including fraud with respect
to petitions filed under paragraph (1) or (2)(A) of
section 214(c) to grant an alien nonimmigrant status
described in subparagraph (H) or (L) of section
101(a)(15).
``(C) Secretary of labor.--One-third of the amounts
deposited into the Fraud Prevention and Detection
Account shall remain available to the Secretary of
Labor until expended for wage and hour enforcement
programs and activities otherwise authorized to be
conducted by the Secretary of Labor that focus on
industries likely to employ nonimmigrants, including
enforcement programs and activities described in
section 212(n) and enforcement programs and activities
related to section 214(c)(14)(A)(i).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
clarification of fee authority
Sec. 547. (a) In General.--In addition to collection of
registration fees described in section 244(c)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting
services, biometric services, and other necessary services may be
collected when administering the program described in section 244 of
such Act.
(b) Construction.--Subsection (a) shall be construed to apply for
fiscal year 1998 and each fiscal year thereafter.
Sec. 548. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
amended by striking ``three years after the date of enactment of this
Act'' and inserting ``October 4, 2010''.
Sec. 549. For Fiscal Year 2010 and thereafter, the Secretary of
Homeland Security may collect fees from any non-Federal participant in
a conference, seminar, exhibition, symposium, or similar meeting
conducted by the Department of Homeland Security in advance of the
conference, either directly or by entering into a contract, and those
fees shall be credited to the appropriation or account from which the
costs of the conference, seminar, 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. 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.
Sec. 550. From unobligated balances for fiscal year 2009 made
available for the Federal Emergency Management Agency ``Trucking
Industry Security Grants'' account, $5,572,000 is rescinded.
Sec. 551. None of the funds made avilable in this Act may 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, That the
Secretary shall submit separate and distinct certifications prior to
the procurement of Advaced 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 consult with the National Academy of Sciences
before making such certifications: Provided further, That none of the
funds provided in this Act may be obligated for high-risk concurrent
development and production of mutually dependent software and hardware.
Sec. 552. (a) As part of a plan regarding the proposed disposition
of any individual who is detained, as of April 30, 2009, at Naval
Station, Guantanamo Bay, Cuba, the Secretary of Homeland Security shall
conduct a threat assessment for each such individual who is proposed to
be transferred to the continental United States, Alaska, Hawaii, the
District of Columbia, or the United States Territories that--
(1) determines the risk that the individual might instigate
an act of terrorism within the continental United States,
Alaska, Hawaii, the District of Columbia, or the United States
Territories if the individual were so transferred; and
(2) determines the risk that the individual might advocate,
coerce, or incite violent extremism, ideologically motivated
criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States Territories if the individual were transferred to
such a facility.
(b) Section 44903(j)(2)(C) of title 49, United States Code, is
amended by adding at the end the following new clause:
``(v) Inclusion of detainees on no fly
list.--The Assistant Secretary, in coordination
with the Terrorist Screening Center, shall
include on the No Fly List any individual who
was a detainee held at the Naval Station,
Guantanamo Bay, Cuba, unless the President
certifies in writing to Congress that the
detainee poses no threat to the United States,
its citizens, or its allies. For purposes of
this clause, the term `detainee' means an
individual in the custody or under the physical
control of the United States as a result of
armed conflict.''.
(c) None of the funds made available in this Act may be used to
provide any immigration benefit (including a visa, admission into the
United States, parole into the United States, or classification as a
refugee or applicant for asylum) to any individual who is detained, as
of April 20, 2009, at Naval Station, Guantanamo Bay, Cuba.
(d) Nothing in subsections (b) and (c) shall be construed to
prohibit a detainee held at Guantanamo Bay from being brought to the
United States for prosecution.
Sec. 553. None of the funds made available under this Act may be
used to close or transfer the operations of the Florida Long Term
Recovery Office of the Federal Emergency Management Administration
located in Orlando, Florida.
Sec. 554. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 555. No funds appropriated by this Act may be used to impose
any negative personnel action against any Department of Homeland
Security employee who engages with the public in the course of the
employee's duties, for the use of surgical masks, N95 respirators,
gloves, or hand sanitizer.
Sec. 556. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2010''.
Passed the House of Representatives June 24, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 2892
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2010, and for other purposes.