[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2892 Public Print (PP)]
111th CONGRESS
1st Session
H. R. 2892
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2009
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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, <DELETED>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:
<DELETED>TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS</DELETED>
<DELETED>Office of the Secretary and Executive Management</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Under Secretary for Management</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Chief Financial Officer</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Chief Information Officer</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Analysis and Operations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Federal Coordinator for Gulf Coast
Rebuilding</DELETED>
<DELETED> For necessary expenses of the Office of the Federal
Coordinator for Gulf Coast Rebuilding, $2,000,000.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS</DELETED>
<DELETED>U.S. Customs and Border Protection</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> 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.</DELETED>
<DELETED>border security fencing, infrastructure, and
technology</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) an identification of staffing, including full-
time equivalents, contractors, and detailees, by program
office;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) an independent verification and
validation agent is currently under contract for the
projects funded under this heading;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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:</DELETED>
<DELETED>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.</DELETED>
<DELETED>air and marine interdiction, operations, maintenance, and
procurement</DELETED>
<DELETED> 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.</DELETED>
<DELETED> facilities management</DELETED>
<DELETED> 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.</DELETED>
<DELETED>U.S. Immigration and Customs Enforcement</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>federal protective service</DELETED>
<DELETED> 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.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> For expenses of immigration and customs enforcement
automated systems, $105,000,000, to remain available until
expended.</DELETED>
<DELETED>construction</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Transportation Security Administration</DELETED>
<DELETED>aviation security</DELETED>
<DELETED> 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.</DELETED>
<DELETED>surface transportation security</DELETED>
<DELETED> 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.</DELETED>
<DELETED>transportation threat assessment and credentialing</DELETED>
<DELETED> 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.</DELETED>
<DELETED>transportation security support</DELETED>
<DELETED> 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.</DELETED>
<DELETED>federal air marshals</DELETED>
<DELETED> For necessary expenses of the Federal Air Marshals,
$860,111,000.</DELETED>
<DELETED>Coast Guard</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> 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</DELETED>\<DELETED>th</DELETED>\ <DELETED>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.</DELETED>
<DELETED>environmental compliance and restoration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>reserve training</DELETED>
<DELETED> 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.</DELETED>
<DELETED>acquisition, construction, and improvements</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) the proposed appropriation included in that
budget;</DELETED>
<DELETED> (2) the total estimated cost of
completion;</DELETED>
<DELETED> (3) projected funding levels for each fiscal year
for the next 5 fiscal years or until project completion,
whichever is earlier;</DELETED>
<DELETED> (4) an estimated completion date at the projected
funding levels; and</DELETED>
<DELETED> (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:</DELETED>
<DELETED>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.</DELETED>
<DELETED>alteration of bridges</DELETED>
<DELETED> 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.</DELETED>
<DELETED>research, development, test, and evaluation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>retired pay</DELETED>
<DELETED> 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.</DELETED>
<DELETED>United States Secret Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>acquisition, construction, improvements, and related
expenses</DELETED>
<DELETED> For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $3,975,000, to
remain available until expended.</DELETED>
<DELETED>TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND
RECOVERY</DELETED>
<DELETED>National Protection and Programs Directorate</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>infrastructure protection and information security</DELETED>
<DELETED> 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.</DELETED>
<DELETED>united states visitor and immigrant status indicator
technology</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4)(A) a certification by the Chief Procurement
Officer of the Department that--</DELETED>
<DELETED> (i) the program has been reviewed and
approved in accordance with the investment management
process of the Department;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) the plans for the program comply
with Federal acquisition rules, requirements,
guidelines, and practices; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5)(A) a certification by the Chief Information
Officer of the Department that--</DELETED>
<DELETED> (i) an independent verification and
validation agent is currently under contract for the
program;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) a listing by the Chief Information Officer of
all the program's high risks and the status of efforts to
address them;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (7) a detailed accounting of operation and
maintenance, contractor services, and program costs associated
with the management of identity services.</DELETED>
<DELETED>Office of Health Affairs</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Emergency Management Agency</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>state and local programs</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For grants, contracts, cooperative agreements, and other
activities, $2,829,000,000 (increased by $7,000,000) shall be allocated
as follows:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) $15,000,000 shall be for the Citizen Corps
Program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (8) $50,000,000 shall be for Buffer Zone
Protection Program Grants.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (12) $235,000,000 shall be for training,
exercises, technical assistance, and other programs, of which--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) $3,000,000 shall be for the Rural
Domestic Preparedness Consortium, Eastern Kentucky
University:</DELETED>
<DELETED>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.</DELETED>
<DELETED>firefighter assistance grants</DELETED>
<DELETED> 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.</DELETED>
<DELETED>emergency management performance grants</DELETED>
<DELETED> 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.</DELETED>
<DELETED>radiological emergency preparedness program</DELETED>
<DELETED> 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.</DELETED>
<DELETED>united states fire administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>disaster relief</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) the detailed information required in
supporting documentation for reimbursements; and</DELETED>
<DELETED> (2) the necessity for timeliness of agency
billings.</DELETED>
<DELETED>disaster assistance direct loan program account</DELETED>
<DELETED> 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).</DELETED>
<DELETED>flood map modernization fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>national flood insurance fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>national predisaster mitigation fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>emergency food and shelter</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND
SERVICES</DELETED>
<DELETED>United States Citizenship and Immigration Services</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Law Enforcement Training Center</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>acquisitions, construction, improvements, and related
expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Science and Technology</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>research, development, acquisition, and operations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Domestic Nuclear Detection Office</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>research, development, and operations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>
<DELETED>(including rescissions of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 517. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2009'' and inserting ``2010''.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (b) Subsection (a) does not apply to obligation of funds
for a contract awarded--</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (2) pursuant to the Small Business Act (15 U.S.C.
631 et seq.);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) by another Federal agency using funds provided
through an interagency agreement.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) a controlled substance, as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802);
or</DELETED>
<DELETED> (2) a biological product, as defined in section
351 of the Public Health Service Act (42 U.S.C. 262).</DELETED>
<DELETED> 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).</DELETED>
<DELETED> Sec. 532. Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``Until
September 30, 2009'' and inserting ``Until September 30,
2010,''; and</DELETED>
<DELETED> (2) in subsection (d)(1), by striking ``September
30, 2009,'' and inserting ``September 30, 2010,''.</DELETED>
<DELETED> Sec. 533. None of the funds made available in this Act
may be used for planning, testing, piloting, or developing a national
identification card.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines would
compromise national security.</DELETED>
<DELETED> (c) In this section--</DELETED>
<DELETED> (1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 539. From the unobligated balances of prior year
appropriations made available for ``Analysis and Operations'',
$2,203,000 is rescinded.</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (1) by striking ``Dalton Fire District'' and all
that follows through ``750,000'' and inserting the
following:</DELETED>
``Franklin Regional Council of Governments, MA............. 250,000
Town of Lanesborough, MA................................... 175,000
University of Massachusetts, MA............................ 175,000'';
<DELETED> (2) by striking ``Santee and'';</DELETED>
<DELETED> (3) by striking ``3,000,000'' and inserting
``1,500,000'';</DELETED>
<DELETED> (4) by inserting after the item relating to
Adjutant General's Office of Emergency Preparedness the
following:</DELETED>
``Town of Branchville, SC.................................. 1,500,000''
;
<DELETED> and</DELETED>
<DELETED> (5) by striking ``Public Works Department of the
City of Santa Cruz, CA'' and inserting ``Monterey County Water
Resources Agency, CA''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> (b) Protection of Social Security Administration
Programs.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) responding to individuals who
contest a tentative nonconfirmation provided by
the basic pilot confirmation system established
under such section;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) GAO Study of Basic Pilot Confirmation System.--
</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Matters to be studied.--In the study required
under paragraph (1), the Comptroller General shall determine
and analyze--</DELETED>
<DELETED> (A) the causes of erroneous tentative
nonconfirmations under the basic pilot confirmation
system;</DELETED>
<DELETED> (B) the processes by which such erroneous
tentative nonconfirmations are remedied; and</DELETED>
<DELETED> (C) the effect of such erroneous tentative
nonconfirmations on individuals, employers, and Federal
agencies.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) GAO Study of Effects of Basic Pilot Program on Small
Entities.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the costs of compliance with such
program on small entities;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) the projected reporting,
recordkeeping, and other compliance requirements of
such program on small entities;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) Specific contents.--The report shall provide
specific and separate details with respect to--</DELETED>
<DELETED> (A) small businesses (as defined in
section 601 of title 5, United States Code) with fewer
than 50 employees; and</DELETED>
<DELETED> (B) small entities operating in States
that have mandated use of the basic pilot
program.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.</DELETED>
<DELETED>clarification of fee authority</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (b) Construction.--Subsection (a) shall be construed to
apply for fiscal year 1998 and each fiscal year thereafter.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Section 44903(j)(2)(C) of title 49, United States
Code, is amended by adding at the end the following new
clause:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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)).</DELETED>
<DELETED> This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2010''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2010, and for other
purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $149,268,000: Provided, That
not to exceed $60,000 shall be for official reception and
representation expenses, of which $20,000 shall be made available to
the Office of Policy solely to host Visa Waiver Program negotiations in
Washington, DC: Provided further, That $20,000,000 shall not be
available for obligation for the Office of Policy until the Secretary
submits an expenditure plan for the Office of Policy for fiscal year
2010.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $307,690,000, of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount, $5,000,000 shall remain
available until expended solely for the alteration and improvement of
facilities, tenant improvements, and relocation costs to consolidate
Department headquarters operations at the Nebraska Avenue Complex; and
$17,131,000 shall remain available until expended for the Human
Resources Information Technology program.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $63,530,000, of which $11,000,000 shall remain
available until expended for financial systems consolidation efforts:
Provided, That of the total amount made available under this heading,
$5,000,000 shall not be obligated until the Chief Financial Officer or
an individual acting in such capacity submits a financial management
improvement plan that addresses the recommendations outlined in the
Department of Homeland Security Office of Inspector General report #
OIG-09-72, including yearly measurable milestones, to the Committees on
Appropriations of the Senate and the House of Representatives: Provided
further, That the plan described in the preceding proviso shall be
submitted not later than January 4, 2010.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$338,393,000; of which $86,912,000 shall be available for salaries and
expenses; and of which $251,481,000, to remain available until
expended, shall be available for development and acquisition of
information technology equipment, software, services, and related
activities for the Department of Homeland Security: Provided, That of
the total amount appropriated, not less than $82,788,000 shall be
available for data center development, of which not less than
$38,540,145 shall be available for power capabilities upgrades at Data
Center One (National Center for Critical Information Processing and
Storage): Provided further, That the Chief Information Officer shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, not more than 60 days after the date of enactment
of this Act, an expenditure plan for all information technology
acquisition projects that: (1) are funded under this heading; or (2)
are funded by multiple components of the Department of Homeland
Security through reimbursable agreements: Provided further, That key
milestones, all funding sources for each project, details of annual and
lifecycle costs, and projected cost savings or cost avoidance to be
achieved by the project.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $347,845,000, of which not
to exceed $5,000 shall be for official reception and representation
expenses; and of which $208,145,000 shall remain available until
September 30, 2011.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $2,000,000.
Office of the Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $115,874,000, of which not to exceed $150,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 4,500 (4,000
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,075,649,000, of which
$3,226,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $309,629,000 shall be
for Air and Marine Operations; of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of
which not to exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations; and of which not to
exceed $1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided, That for fiscal year 2010, the overtime
limitation prescribed in section 5(c)(1) of the Act of February 13,
1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any
other provision of law, none of the funds appropriated by this Act may
be available to compensate any employee of U.S. Customs and Border
Protection for overtime, from whatever source, in an amount that
exceeds such limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the Secretary, to be
necessary for national security purposes, to prevent excessive costs,
or in cases of immigration emergencies: Provided further, That of the
total amount provided, $1,700,000 shall remain available until
September 30, 2011, for the Global Advanced Passenger Information/
Passenger Name Record Program.
automation modernization
For expenses for U.S. Customs and Border Protection automated
systems, $462,445,000, to remain available until expended, of which not
less than $267,960,000 shall be for the development of the Automated
Commercial Environment: Provided, That of the total amount made
available under this heading, $167,960,000 may not be obligated for the
Automated Commercial Environment program until 30 days after the
Committees on Appropriations of the Senate and the House of
Representatives receive a report on the results to date and plans for
the program from the Department of Homeland Security.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $800,000,000, to remain available until expended: Provided,
That of the amount provided under this heading, $50,000,000 shall not
be obligated until the Committees on Appropriations of the Senate and
the House of Representatives receive a plan for expenditure, prepared
by the Secretary of Homeland Security and submitted not later than 90
days after the date of the enactment of this Act, for a program to
establish and maintain a security barrier along the borders of the
United States of fencing and vehicle barriers, where practicable, and
other forms of tactical infrastructure and technology.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, the operations of
which include the following: the interdiction of narcotics and other
goods; the provision of support to Federal, State, and local agencies
in the enforcement or administration of laws enforced by the Department
of Homeland Security; and at the discretion of the Secretary of
Homeland Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humanitarian
efforts, $515,826,000, to remain available until expended: Provided,
That no aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as excess to
U.S. Customs and Border Protection requirements and aircraft that have
been damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2010 without the prior approval of the
Committees on Appropriations of the Senate and the House of
Representatives.
construction and facilities management
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$316,070,000, to remain available until expended, of which $39,700,000
shall be for the Advanced Training Center: Provided, That for fiscal
year 2011 and thereafter, the annual budget submission of U.S. Customs
and Border Protection for ``Construction and Facilities Management''
shall, in consultation with the General Services Administration,
include a detailed 5-year plan for all Federal land border port of
entry projects with a yearly update of total projected future funding
needs.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type vehicles;
$5,360,100,000, of which not to exceed $7,500,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $305,000 shall be for promotion of public awareness of the child
pornography tipline and anti-child exploitation activities; of which
not less than $5,400,000 shall be used to facilitate agreements
consistent with section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary, or the designee of the Secretary,
may waive that amount as necessary for national security purposes and
in cases of immigration emergencies: Provided further, That of the
total amount provided, $15,770,000 shall be for activities in fiscal
year 2010 to enforce laws against forced child labor, of which not to
exceed $6,000,000 shall remain available until expended: Provided
further, That of the total amount available, not less than
$1,000,000,000 shall be available to identify aliens convicted of a
crime, and who may be deportable, and to remove them from the United
States once they are judged deportable: Provided further, That the
Secretary, or the designee of the Secretary, shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, at least quarterly, on progress implementing the
preceding proviso, and the funds obligated during that quarter to make
that progress: Provided further, That funding made available under this
heading shall maintain a level of not less than 33,400 detention beds
through September 30, 2010: Provided further, That of the total amount
provided, not less than $2,539,180,000 is for detention and removal
operations, including transportation of unaccompanied minor aliens:
Provided further, That of the total amount provided, $6,800,000 shall
remain available until September 30, 2011, for the Visa Security
Program: Provided further, That nothing under this heading shall
prevent U.S. Immigration and Customs Enforcement from exercising those
authorities provided under immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens convicted
of a crime.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $85,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $10,000,000 shall
not be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive an expenditure plan prepared
by the Secretary of Homeland Security.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,237,828,000, to remain
available until September 30, 2011, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not to
exceed $4,395,195,000 shall be for screening operations, of which
$1,154,775,000 shall be available for explosives detection systems; and
not to exceed $842,633,000 shall be for aviation security direction and
enforcement: Provided further, That of the amount made available in the
preceding proviso for explosives detection systems, $806,669,000 shall
be available for the purchase and installation of these systems, of
which not less than 28 percent shall be available for the purchase and
installation of certified explosives detection systems at medium- and
small-sized airports: Provided further, That any award to deploy
explosives detection systems shall be based on risk, the airports
current reliance on other screening solutions, lobby congestion
resulting in increased security concerns, high injury rates, airport
readiness, and increased cost effectiveness: Provided further, That
security service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That any funds collected and made available
from aviation security fees pursuant to section 44940(i) of title 49,
United States Code, may, notwithstanding paragraph (4) of such section
44940(i), be expended for the purpose of improving screening at airport
screening checkpoints, which may include the purchase and utilization
of emerging technology equipment; the refurbishment and replacement of
current equipment; the installation of surveillance systems to monitor
checkpoint activities; the modification of checkpoint infrastructure to
support checkpoint reconfigurations; and the creation of additional
checkpoints to screen aviation passengers and airport personnel:
Provided further, That the sum appropriated under this heading from the
general fund shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2010, so as to
result in a final fiscal year appropriation from the general fund
estimated at not more than $3,137,828,000: Provided further, That any
security service fees collected in excess of the amount made available
under this heading shall become available during fiscal year 2011:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General and
Assistant Attorneys General and the United States attorneys; and senior
members of the Executive Office of the President, including the
Director of the Office of Management and Budget; shall not be exempt
from Federal passenger and baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation security
activities, $142,616,000, to remain available until September 30, 2011.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment
and Credentialing, $171,999,000, to remain available until September
30, 2011.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $999,580,000,
to remain available until September 30, 2011: Provided, That of the
funds appropriated under this heading, $20,000,000 may not be obligated
for headquarters administration until the Secretary of Homeland
Security submits to the Committees on Appropriations of the Senate and
the House of Representatives detailed expenditure plans for air cargo
security, and for checkpoint support and explosives detection systems
refurbishment, procurement, and installations on an airport-by-airport
basis for fiscal year 2010: Provided further, That these plans shall be
submitted no later than 60 days after the date of enactment of this
Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $860,111,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; for purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and for repairs
and service-life replacements, not to exceed a total of $26,000,000;
minor shore construction projects not exceeding $1,000,000 in total
cost at any location; payments pursuant to section 156 of Public Law
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$6,838,291,000, of which $581,503,000 shall be for defense-related
activities, $241,503,000 of which are designated as being for overseas
deployments and other activities pursuant to sections 401(c)(4) and
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010; of which $24,500,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which not to exceed $20,000 shall be for
official reception and representation expenses; and of which $3,600,000
shall be available until expended for the cost of repairing,
rehabilitating, altering, modifying, and making improvements, including
customized tenant improvements, to any replacement or expanded
Operations Systems Center facility: Provided, That none of the funds
made available by this or any other Act shall be available for
administrative expenses in connection with shipping commissioners in
the United States: Provided further, That none of the funds made
available by this Act shall be for expenses incurred for recreational
vessels under section 12114 of title 46, United States Code, except to
the extent fees are collected from yacht owners and credited to this
appropriation: Provided further, That the Coast Guard shall comply with
the requirements of section 527 of Public Law 108-136 with respect to
the Coast Guard Academy: Provided further, That of the funds provided
under this heading, $30,000,000 is withheld from obligation from
Headquarters Directorates until the second quarter acquisition report
required by Public Law 108-7 and the fiscal year 2008 joint explanatory
statement accompanying Public Law 110-161 is received by the Committees
on Appropriations of the Senate and the House of Representatives.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,198,000, to remain available until
expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $133,632,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,597,580,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $123,000,000 shall be available until
September 30, 2014, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $147,500,000 shall be
available until September 30, 2012, for other equipment; of which
$27,100,000 shall be available until September 30, 2012, for shore
facilities and aids to navigation facilities, including not less than
$300,000 for the Coast Guard Academy Pier and not less than $16,800,000
for Coast Guard Station Cleveland Harbor; of which $105,200,000 shall
be available for personnel compensation and benefits and related costs;
and of which $1,194,780,000 shall be available until September 30,
2014, for the Integrated Deepwater Systems program: Provided, That of
the funds made available for the Integrated Deepwater Systems program,
$305,500,000 is for aircraft and $734,680,000 is for surface ships:
Provided further, That the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, in conjunction with the President's fiscal year 2011
budget, a review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an annual
performance comparison of Integrated Deepwater Systems program assets
to pre-Deepwater legacy assets; a status report of legacy assets; a
detailed explanation of how the costs of legacy assets are being
accounted for within the Integrated Deepwater Systems program; and the
earned value management system gold card data for each Integrated
Deepwater Systems program asset: Provided further, That the Secretary
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a comprehensive review of the Revised
Deepwater Implementation Plan every 5 years, beginning in fiscal year
2011, that includes a complete projection of the acquisition costs and
schedule for the duration of the plan through fiscal year 2027:
Provided further, That the Secretary shall annually submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
under section 1105(a) of title 31, United States Code, a future-years
capital investment plan for the Coast Guard that identifies for each
capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until project completion, whichever is
earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent to
the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified: Provided further,
That subsections (a) and (b) of section 6402 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) shall apply to fiscal year
2010.
alteration of bridges
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $4,000,000, to remain available until expended: Provided, That of
the amounts made available under this heading, $4,000,000 shall be for
the Fort Madison Bridge in Fort Madison, Iowa.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$29,745,000, to remain available until expended, of which $500,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,361,245,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use,
of which 652 shall be for replacement only, and hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; services of expert witnesses at such rates as may be
determined by the Director of the Secret Service; rental of buildings
in the District of Columbia, and fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; payment of per diem or subsistence allowances to employees
where a protective assignment during the actual day or days of the
visit of a protectee requires an employee to work 16 hours per day or
to remain overnight at a post of duty; conduct of and participation in
firearms matches; presentation of awards; travel of United States
Secret Service employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if approval
is obtained in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and development;
grants to conduct behavioral research in support of protective research
and operations; and payment in advance for commercial accommodations as
may be necessary to perform protective functions; $1,482,709,000; of
which not to exceed $25,000 shall be for official reception and
representation expenses; of which not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which $2,366,000 shall
be for forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be for a grant for
activities related to the investigations of missing and exploited
children and shall remain available until expended: Provided, That up
to $18,000,000 provided for protective travel shall remain available
until September 30, 2011: Provided further, That up to $1,000,000 for
National Special Security Events shall remain available until expended:
Provided further, That the United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from Federal
agencies and entities, as defined in section 105 of title 5, United
States Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under this
heading at the end of the fiscal year: Provided further, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary for
national security purposes: Provided further, That none of the funds
appropriated to the United States Secret Service by this Act or by
previous appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of Homeland
Security: Provided further, That the Director of the United States
Secret Service may enter into an agreement to perform such service on a
fully reimbursable basis: Provided further, That the United States
Secret Service shall open an international field office in Tallinn,
Estonia to combat electronic crimes with funds made available under
this heading in Public Law 110-329: Provided further, That $4,040,000
shall not be made available for obligation until enactment into law of
authorizing legislation that incorporates the authorities of the United
States Secret Service Uniformed Division into the United States Code,
including restructuring the United States Secret Service Uniformed
Division's pay chart.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,975,000, to remain
available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
salaries and expenses
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management
and Analysis, $44,577,000: Provided, That not to exceed $5,000 shall be
for official reception and representation expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$901,416,000, of which $760,755,000 shall remain available until
September 30, 2011: Provided, That of the total amount provided,
$20,000,000 is for necessary expenses of the National Infrastructure
Simulation and Analysis Center.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $378,194,000, to
remain available until expended: Provided, That of the total amount
made available under this heading, $75,000,000 may not be obligated for
the United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure prepared by the
Secretary of Homeland Security not later than 90 days after the date of
enactment of this Act: Provided further, That not less than $28,000,000
of unobligated balances of prior year appropriations shall remain
available and be obligated solely for implementation of a biometric air
exit capability.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives no later
than December 31, 2009, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2010 through revenues and
collection of security fees, and shall adjust the fees to ensure fee
collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,200 full-time equivalent staff and
900 full-time equivalent Police Officers, Inspectors, Area Commanders,
and Special Agents who, while working, are directly engaged on a daily
basis protecting and enforcing laws at Federal buildings (referred to
as ``in-service field staff'').
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$135,000,000, of which $30,411,000 is for salaries and expenses; and of
which $104,589,000 is to remain available until September 30, 2011, for
biosurveillance, BioWatch, medical readiness planning, chemical
response, and other activities: Provided, That not to exceed $3,000
shall be for official reception and representation expenses.
Federal Emergency Management Agency
management and administration
For necessary expenses for management and administration of the
Federal Emergency Management Agency, $859,700,000, including activities
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire
Assistance Act of 2000 (division C, title I, 114 Stat. 583), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina
Emergency Management Reform Act of 2006 (Public Law 109-295; 120 Stat.
1394): Provided, That not to exceed $3,000 shall be for official
reception and representation expenses: Provided further, That the
President's budget submitted under section 1105(a) of title 31, United
States Code, shall be detailed by office for the Federal Emergency
Management Agency: Provided further, That of the total amount made
available under this heading, $32,500,000 shall be for the Urban Search
and Rescue Response System, of which not to exceed $1,600,000 may be
made available for administrative costs; and $6,995,000 shall be for
the Office of National Capital Region Coordination: Provided further,
That for purposes of planning, coordination, execution, and decision-
making related to mass evacuation during a disaster, the Governors of
the State of West Virginia and the Commonwealth of Pennsylvania, or
their designees, shall be incorporated into efforts to integrate the
activities of Federal, State, and local governments in the National
Capital Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $3,067,200,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That of the amount provided
by this paragraph, $60,000,000 shall be for Operation
Stonegarden.
(2) $887,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which, notwithstanding subsection
(c)(1) of such section, $20,000,000 shall be for grants to
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary of Homeland
Security to be at high risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $40,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizen Corps Program.
(6) $356,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under sections 1406, 1513, and
1532 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182),
of which not less than $25,000,000 shall be for Amtrak
security, and not less than $6,000,000 shall be for Over-the-
Road Bus Security Assistance.
(7) $350,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(8) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(9) $50,000,000 shall be for Driver's License Security
Grants Program, pursuant to section 204(a) of the REAL ID Act
of 2005 (division B of Public Law 109-13).
(10) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579).
(11) $20,000,000 shall be for grants for Emergency
Operations Centers under section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c),
of which no less than $1,500,000 shall be for the Ohio
Emergency Management Agency Emergency Operations Center,
Columbus, Ohio; no less than $1,000,000 shall be for the City
of Chicago Emergency Operations Center, Chicago, Illinois; no
less than $600,000 shall be for the Ames Emergency Operations
Center, Ames, Iowa; no less than $353,000 shall be for the
County of Union Emergency Operations Center, Union County, New
Jersey; no less than $300,000 shall be for the City of
Hackensack Emergency Operations Center, Hackensack, New Jersey;
no less than $247,000 shall be for the Township of South Orange
Village Emergency Operations Center, South Orange, New Jersey;
no less than $1,000,000 shall be for the City of Mount Vernon
Emergency Operations Center, Mount Vernon, New York; no less
than $900,000 shall be for the City of Whitefish Emergency
Operations Center, Whitefish, Montana; no less than $1,000,000
shall be for the Lincoln County Emergency Operations Center,
Lincoln County, Washington; no less than $980,000 shall be for
the City of Providence Emergency Operations Center, Providence,
Rhode Island; no less than $980,000 for the North Louisiana
Regional Emergency Operations Center, Lincoln Parish,
Louisiana; and no less than $900,000 for the City of North
Little Rock Emergency Operations Center, North Little Rock,
Arkansas.
(12) $264,200,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $164,500,000 is for purposes of training in
accordance with section 1204 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1102), of which $62,500,000 shall be for the
Center for Domestic Preparedness; $23,000,000 shall be
for the National Energetic Materials Research and
Testing Center, New Mexico Institute of Mining and
Technology; $23,000,000 shall be for the National
Center for Biomedical Research and Training, Louisiana
State University; $23,000,000 shall be for the National
Emergency Response and Rescue Training Center, Texas
A&M University; $23,000,000 shall be for the National
Exercise, Test, and Training Center, Nevada Test Site;
$5,000,000 shall be for the Transportation Technology
Center, Incorporated, in Pueblo, Colorado; and
$5,000,000 shall be for the Natural Disaster
Preparedness Training Center, University of Hawaii,
Honolulu, Hawaii; and
(B) $1,700,000 shall be for the Center for
Counterterrorism and Cyber Crime, Norwich University,
Northfield, Vermont:
Provided, That 4.1 percent of the amounts provided under this heading
shall be transferred to the Federal Emergency Management Agency
``Management and Administration'' account for program administration,
and an expenditure plan for program administration shall be provided to
the Committees on Appropriations of the Senate and the House of
Representatives within 60 days of the date of enactment of this Act:
Provided further, That, notwithstanding section 2008(a)(11) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other
provision of law, a grantee may use not more than 5 percent of the
amount of a grant made available under this heading for expenses
directly related to administration of the grant: Provided further,
That for grants under paragraphs (1) through (5), the applications for
grants shall be made available to eligible applicants not later than 25
days after the date of enactment of this Act, that eligible applicants
shall submit applications not later than 90 days after the grant
announcement, and that the Administrator of the Federal Emergency
Management Agency shall act within 90 days after receipt of an
application: Provided further, That for grants under paragraphs (6)
through (10), the applications for grants shall be made available to
eligible applicants not later than 30 days after the date of enactment
of this Act, that eligible applicants shall submit applications within
45 days after the grant announcement, and that the Federal Emergency
Management Agency shall act not later than 60 days after receipt of an
application: Provided further, That for grants under paragraphs (1) and
(2), the installation of communications towers is not considered
construction of a building or other physical facility: Provided
further, That grantees shall provide reports on their use of funds, as
determined necessary by the Secretary: Provided further, That (a) the
Center for Domestic Preparedness may provide training to emergency
response providers from the Federal Government, foreign governments, or
private entities, if the Center for Domestic Preparedness is reimbursed
for the cost of such training, and any reimbursement under this
subsection shall be credited to the account from which the expenditure
being reimbursed was made and shall be available, without fiscal year
limitation, for the purposes for which amounts in the account may be
expended, (b) the head of the Center for Domestic Preparedness shall
ensure that any training provided under (a) does not interfere with the
primary mission of the Center to train State and local emergency
response providers.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$800,000,000, of which $380,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2010: Provided, That 5 percent of
the amount available under this heading shall be for program
administration, and an expenditure plan for program administration
shall be provided to the Committees on Appropriations of the Senate and
the House of Representatives within 60 days of the date of enactment of
this Act.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $350,000,000: Provided, That total
administrative costs shall be 3 percent of the total amount
appropriated under this heading.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2010, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2010, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $45,588,000.
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,456,866,000, to remain available until expended: Provided, That the
Federal Emergency Management Agency shall submit an expenditure plan to
the Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds for disaster readiness
and support within 60 days after the date of enactment of this Act:
Provided further, That the Federal Emergency Management Agency shall
provide a quarterly report detailing obligations against the
expenditure plan and a justification for any changes in spending:
Provided further, That not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall submit a report to the Committee on
Appropriations of the Senate, the Committee on Appropriations of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate that includes (1) a plan for the
acquisition of alternative temporary housing units, and (2) procedures
for expanding repair of existing multi-family rental housing units
authorized under section 689i(a) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 776(a)), semi-permanent, or
permanent housing options: Provided further, That of the total amount
provided, $16,000,000 shall be transferred to the Department of
Homeland Security Office of Inspector General for audits and
investigations related to disasters, subject to section 503 of this
Act: Provided further, That up to $50,000,000 may be transferred to
Federal Emergency Management Agency ``Management and Administration''
for management and administration functions: Provided further, That the
amount provided in the previous proviso shall not be available for
transfer to ``Management and Administration'' until the Federal
Emergency Management Agency submits an implementation plan to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That the Federal Emergency
Management Agency shall submit the monthly ``Disaster Relief'' report,
as specified in Public Law 110-161, to the Committees on Appropriations
of the Senate and the House of Representatives, and include the amounts
provided to each Federal agency for mission assignments: Provided
further, That for any request for reimbursement from a Federal agency
to the Department of Homeland Security to cover expenditures under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), or any mission assignment orders issued by the
Department for such purposes, the Secretary of Homeland Security shall
take appropriate steps to ensure that each agency is periodically
reminded of Department policies on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for
the cost of direct loans: Provided, That gross obligations for the
principal amount of direct loans shall not exceed $25,000,000: Provided
further, That the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
flood map modernization fund
For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
available until expended: Provided, That total administrative costs
shall not exceed 3 percent of the total amount appropriated under this
heading.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $159,469,000, which shall be derived from
offsetting collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), which is
available as follows: (1) not to exceed $52,149,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations; and (2) no less than $107,320,000 for flood plain
management and flood mapping, which shall remain available until
September 30, 2011: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)) shall be credited as an offsetting collection to
this account, to be available for flood plain management and flood
mapping: Provided further, That in fiscal year 2010, no funds shall be
available from the National Flood Insurance Fund under section 1310 of
that Act (42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating
expenses; (2) $969,370,000 for commissions and taxes of agents; (3)
such sums as are necessary for interest on Treasury borrowings; and (4)
$120,000,000, which shall remain available until expended for flood
mitigation actions, of which $70,000,000 is for severe repetitive loss
properties under section 1361A of the National Flood Insurance Act of
1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive
insurance claims properties under section 1323 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4030), and of which $40,000,000 is for
flood mitigation assistance under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs
(B) and (C) of subsection (b)(3) and subsection (f) of section 1366 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and
notwithstanding subsection (a)(7) of section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017): Provided further, That amounts
collected under section 102 of the Flood Disaster Protection Act of
1973 and section 1366(i) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to supplement
other amounts specified as available for section 1366 of the National
Flood Insurance Act of 1968, notwithstanding 42 U.S.C. 4012a(f)(8),
4104c(i), and 4104d(b)(2)-(3): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $120,000,000, to remain available until expended:
Provided, That the total administrative costs associated with such
grants shall not exceed 3 percent of the total amount made available
under this heading.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $175,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$135,700,000, of which $5,000,000 is for the processing of military
naturalization applications and $118,500,000 is for the E-Verify
program to assist United States employers with maintaining a legal
workforce: Provided, That of the amount provided for the E-Verify
program, $10,000,000 is available until expended for E-Verify process
and system enhancements: Provided further, That notwithstanding any
other provision of law, funds available to United States Citizenship
and Immigration Services may be used to acquire, operate, equip,
dispose of and replace up to five vehicles, of which two are for
replacement only, for areas where the Administrator of General Services
does not provide vehicles for lease: Provided further, That the
Director of United States Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles between the employees' residences and places of employment.
federal law enforcement training center
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $244,356,000, of which up to $47,751,000 shall
remain available until September 30, 2011, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended for Federal law enforcement
agencies participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for the needs
of participating agencies; and of which not to exceed $12,000 shall be
for official reception and representation expenses: Provided, That the
Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by the
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note), as amended by Public Law 110-329 (122 Stat.
3677), is further amended by striking ``December 31, 2011'' and
inserting ``December 31, 2012'': Provided further, That the Federal Law
Enforcement Training Accreditation Board, including representatives
from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, shall lead
the Federal law enforcement training accreditation process to continue
the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors: Provided further, That the Director of the Federal Law
Enforcement Training Center shall schedule basic or advanced law
enforcement training, or both, at all four training facilities under
the control of the Federal Law Enforcement Training Center to ensure
that such training facilities are operated at the highest capacity
throughout the fiscal year.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $43,456,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $143,200,000: Provided,
That not to exceed $10,000 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.); $851,729,000, to remain
available until September 30, 2011: Provided, That not less than
$20,865,000 shall be available for the Southeast Region Research
Initiative at the Oak Ridge National Laboratory: Provided further, That
not less than $3,000,000 shall be available for Distributed Environment
for Critical Infrastructure Decisionmaking Exercises: Provided further,
That not less than $12,000,000 is for construction expenses of the
Pacific Northwest National Laboratory: Provided further, That not less
than $2,000,000 shall be for the Cincinnati Urban Area partnership
established through the Regional Technology Integration Initiative:
Provided further, That not less than $36,312,000 shall be for the
National Bio and Agro-defense Facility.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) for management and administration of programs and
activities, $37,500,000: Provided, That not to exceed $3,000 shall be
for official reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $326,537,000, to
remain available until September 30, 2011.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $10,000,000, to remain available
until September 30, 2011: Provided, That none of the funds appropriated
under this heading in this Act or any other Act shall be obligated for
full-scale procurement of Advanced Spectroscopic Portal monitors until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a report
certifying that a significant increase in operational effectiveness
will be achieved: Provided further, That the Secretary shall submit
separate and distinct certifications prior to the procurement of
Advanced Spectroscopic Portal monitors for primary and secondary
deployment that address the unique requirements for operational
effectiveness of each type of deployment: Provided further, That the
Secretary shall continue to consult with the National Academy of
Sciences before making such certifications: Provided further, That none
of the funds appropriated under this heading shall be used for high-
risk concurrent development and production of mutually dependent
software and hardware.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program, project, or activity; (2) eliminates a program,
project, office, or activity; (3) increases funds for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific
activity by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5) contracts
out any function or activity for which funding levels were requested
for Federal full-time equivalents in the object classification tables
contained in the fiscal year 2010 Budget Appendix for the Department of
Homeland Security, as modified by the explanatory statement
accompanying this Act, unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days in advance
of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a change in
existing programs, projects, or activities as approved by the Congress,
unless the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the protection of
property.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2010: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2010 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That such
fund shall be paid in advance or reimbursed at rates which will return
the full cost of each service: Provided further, That the Working
Capital Fund shall be subject to the requirements of section 503 of
this Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2010 from appropriations for salaries and expenses
for fiscal year 2010 in this Act shall remain available through
September 30, 2011, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2010 until the enactment of an Act authorizing
intelligence activities for fiscal year 2010.
Sec. 507. None of the funds made available by this Act may be used
to make a grant allocation, discretionary grant award, discretionary
contract award, Other Transaction Agreement, or to issue a letter of
intent totaling in excess of $1,000,000, or to announce publicly the
intention to make such an award, including a contract covered by the
Federal Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the Senate and
the House of Representatives at least 3 full business days in advance
of making such an award or issuing such a letter: Provided, That if the
Secretary of Homeland Security determines that compliance with this
section would pose a substantial risk to human life, health, or safety,
an award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified not later than 5 full business days after such an award is
made or letter issued: Provided further, That no notification shall
involve funds that are not available for obligation: Provided further,
That the notification shall include the amount of the award, the fiscal
year in which the funds for the award were appropriated, and the
account from which the funds are being drawn: Provided further, That
the Federal Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives 5 full
business days in advance of announcing publicly the intention of making
an award under the State Homeland Security Grant Program; Urban Area
Security Initiative; and the Regional Catastrophic Preparedness Grant
Program.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 519, 520, 528, and 531 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073, 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
Sec. 512. None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation
of the Secure Flight program or any other follow-on or successor
passenger screening program that: (1) utilizes or tests algorithms
assigning risk to passengers whose names are not on Government watch
lists; or (2) uses data or a database that is obtained from or remains
under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data obtained from
air carriers.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided as of June 1, 2004, by
employees (including employees serving on a temporary or term basis) of
United States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 515. (a) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air carriers
and airports to ensure that the screening of cargo carried on passenger
aircraft, as defined in section 44901(g)(5) of title 49, United States
Code, increases incrementally each quarter until the requirement of
section 44901(g)(2)(B) of title 49 are met.
(b) Not later than 45 days after the end of each quarter, the
Assistant Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a report on air cargo
inspection statistics by airport and air carrier detailing the
incremental progress being made to meet the requirement of section
44901(g)(2)(B) of title 49, United States Code.
Sec. 516. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' for fiscal years 2004, 2005, 2006,
2007, and 2008 that are recovered or deobligated shall be available
only for the procurement or installation of explosives detection
systems, for air cargo, baggage, and checkpoint screening systems,
subject to notification: Provided, That quarterly reports shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives on any funds that are recovered or
deobligated.
Sec. 517. Any funds appropriated to United States Coast Guard,
``Acquisition, Construction, and Improvements'' for fiscal years 2002,
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion
that are recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Replacement Patrol Boat (FRC-B) program.
Sec. 518. (a)(1) Except as provided in paragraph (2), none of the
funds provided in this or any other Act shall be available to commence
or continue operations of the National Applications Office until--
(A) the Secretary certifies that: (i) National Applications
Office programs comply with all existing laws, including all
applicable privacy and civil liberties standards; and, (ii)
that clear definitions of all proposed domains are established
and are auditable;
(B) the Comptroller General of the United States notifies
the Committees on Appropriations of the Senate and the House of
Representatives and the Secretary that the Comptroller has
reviewed such certification; and
(C) the Secretary notifies the Committees of all funds to
be expended on the National Applications Office pursuant to
section 503 of this Act.
(2) Paragraph (1) shall not apply with respect to any use of funds
for activities substantially similar to such activities conducted by
the Department of the Interior as set forth in the 1975 charter for the
Civil Applications Committee under the provisions of law codified at
section 31 of title 43, United States Code.
(b) The Inspector General shall provide to the Committees on
Appropriations of the Senate and the House of Representatives a
classified report on a quarterly basis containing a review of the data
collected by the National Applications Office, including a description
of the collection purposes and the legal authority under which the
collection activities were authorized: Provided, That the report shall
also include a listing of all data collection activities carried out on
behalf of the National Applications Office by any component of the
National Guard.
(c) None of the funds provided in this or any other Act shall be
available to commence operations of the National Immigration
Information Sharing Operation until the Secretary certifies that such
program complies with all existing laws, including all applicable
privacy and civil liberties standards, the Comptroller General of the
United States notifies the Committees on Appropriations of the Senate
and the House of Representatives and the Secretary that the Comptroller
has reviewed such certification, and the Secretary notifies the
Committees on Appropriations of the Senate and the House of
Representatives of all funds to be expended on the National Immigration
Information Sharing Operation pursuant to section 503.
Sec. 519. Within 45 days after the close of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report that includes
total obligations, on-board versus funded full-time equivalent staffing
levels, and the number of contract employees by office.
Sec. 520. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2009'' and inserting ``2010''.
Sec. 521. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 522. (a) None of the funds provided by this or any other Act
may be obligated for the development, testing, deployment, or operation
of any portion of a human resources management system authorized by 5
U.S.C. 9701(a), or by regulations prescribed pursuant to such section,
for an employee as defined in 5 U.S.C. 7103(a)(2).
(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in 5 U.S.C. 9701(e),
in the planning, testing, and development of any portion of a human
resources management system that is developed, tested, or deployed for
persons excluded from the definition of employee as that term is
defined in 5 U.S.C. 7103(a)(2).
Sec. 523. None of the funds made available in this or any other
Act may be used to enforce section 4025(1) of Public Law 108-458 unless
the Assistant Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007, that
butane lighters are not a significant threat to civil aviation
security.
Sec. 524. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of the
enactment of this Act.
Sec. 525. (a) Except as provided in subsection (b), none of the
funds appropriated in this or any other Act to the Office of the
Secretary and Executive Management, the Office of the Under Secretary
for Management, or the Office of the Chief Financial Officer, may be
obligated for a grant or contract funded under such headings by a means
other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, such as the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) under the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland Security
may waive the application of this section for the award of a contract
in the interest of national security or if failure to do so would pose
a substantial risk to human health or welfare.
(2) Not later than 5 days after the date on which the Secretary of
Homeland Security issues a waiver under this subsection, the Secretary
shall submit notification of that waiver to the Committees on
Appropriations of the Senate and the House of Representatives,
including a description of the applicable contract and an explanation
of why the waiver authority was used. The Secretary may not delegate
the authority to grant such a waiver.
(d) In addition to the requirements established by this section,
the Inspector General for the Department of Homeland Security shall
review departmental contracts awarded through other than full and open
competition to assess departmental compliance with applicable laws and
regulations: Provided, That the Inspector General shall review selected
contracts awarded in the previous fiscal year through other than full
and open competition: Provided further, That in determining which
contracts to review, the Inspector General shall consider the cost and
complexity of the goods and services to be provided under the contract,
the criticality of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the results
of the reviews to the Committees on Appropriations of the Senate and
the House of Representatives no later than February 5, 2010.
Sec. 526. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 527. None of the funds made available in this Act may be used
to destroy or put out to pasture any horse or other equine belonging to
the Federal Government that has become unfit for service, unless the
trainer or handler is first given the option to take possession of the
equine through an adoption program that has safeguards against
slaughter and inhumane treatment.
Sec. 528. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 529. None of the funds provided in this Act under the heading
``Office of the Chief Information Officer'' shall be used for data
center development other than for Data Center One (National Center for
Critical Information Processing and Storage) until the Chief
Information Officer certifies that Data Center One (National Center for
Critical Information Processing and Storage) is fully utilized as the
Department's primary data storage center at the highest capacity
throughout the fiscal year.
Sec. 530. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 531. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 532. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 533. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for
any new hires by the Department of Homeland Security that are not
verified through the basic pilot program under section 401 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note).
Sec. 534. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section shall
apply only to individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day supply:
Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 535. None of the funds made available in this Act may be used
by the Secretary of Homeland Security or any delegate of the Secretary
to issue any rule or regulation which implements the Notice of Proposed
Rulemaking related to Petitions for Aliens To Perform Temporary
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed.
Reg. 3984 (January 27, 2005).
Sec. 536. Section 537 of the Department of Homeland Security
Appropriations Act, 2009 (division D of Public Law 110-329; 122 Stat.
3682) shall apply with respect to funds made available in this Act in
the same manner as such sections applied to funds made available in
that Act.
Sec. 537. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 538. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date that
the President determines whether to declare a major disaster because of
an event and any appeal is completed, the Administrator shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and Infrastructure of
the House of Representatives, the Committees on Appropriations of the
Senate and the House of Representatives, and publish on the website of
the Federal Emergency Management Agency, a report regarding that
decision, which shall summarize damage assessment information used to
determine whether to declare a major disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 539. Notwithstanding any other provision of law, should the
Secretary of Homeland Security determine that the National Bio and
Agro-defense Facility be located at a site other than Plum Island, New
York, the Secretary shall have the Administrator of General Services
sell through public sale all real and related personal property and
transportation assets which support Plum Island operations, subject to
such terms and conditions as necessary to protect government interests
and meet program requirements: Provided, That the gross proceeds of
such sale shall be deposited as offsetting collections into the
Department of Homeland Security Science and Technology ``Research,
Development, Acquisition, and Operations'' account and, subject to
appropriation, shall be available until expended, for site acquisition,
construction, and costs related to the construction of the National Bio
and Agro-defense Facility, including the costs associated with the
sale, including due diligence requirements, necessary environmental
remediation at Plum Island, and reimbursement of expenses incurred by
the General Services Administration which shall not exceed 1 percent of
the sale price or $5,000,000, whichever is greater: Provided further,
That after the completion of construction and environmental
remediation, the unexpended balances of funds appropriated for costs in
the preceding proviso shall be available for transfer to the
appropriate account for design and construction of a consolidated
Department of Homeland Security Headquarters project, excluding daily
operations and maintenance costs, notwithstanding section 503 of this
Act, and the Committees on Appropriations of the Senate and the House
of Representatives shall be notified 15 days prior to such transfer.
Sec. 540. Any official that is required by this Act to report or
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 541. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under 31 U.S.C. 9703.2(g)(4)(B)
from the Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security.
Sec. 542. (a) Not later than 3 months from the date of enactment of
this Act, the Secretary of Homeland Security shall consult with the
Secretaries of Defense and Transportation and develop a concept of
operations for unmanned aerial systems in the United States national
airspace system for the purposes of border and maritime security
operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of enactment of
this Act on any foreseeable challenges to complying with subsection
(a).
Sec. 543. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an airport
does not need to participate in the basic pilot program, the Assistant
Secretary shall certify to the Committees on Appropriations of the
Senate and the House of Representatives that no security risks will
result by such non-participation.
Sec. 544. For fiscal year 2010 and thereafter, the Secretary may
provide to personnel appointed or assigned to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I of
the Foreign Service Act of 1990 (22 U.S.C. 4081 et seq.).
Sec. 545. Section 144 of the Continuing Appropriations Resolution,
2009 (division A of Public Law 110-329; 122 Stat. 3581), as amended by
section 101 of division J of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 988), is further amended by striking
``September 30, 2009'' and inserting ``September 30, 2012''.
Sec. 546. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note) is amended by striking ``Unless'' and all that
follows.
Sec. 547. The head of each agency or department of the United
States that enters into a contract shall require, as a condition of the
contract, that the contractor participate in the pilot program
described in 404 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-209; 8 U.S.C.
1324a note) to verify the employment eligibility of--
(1) all individuals hired during the term of the contract
by the contractor to perform employment duties within the
United States; and
(2) all individuals assigned by the contractor to perform
work within the United States the under such contract.
Sec. 548. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1),
and 405(b)(2) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C.
1324a note) are amended by striking ``basic pilot program'' each place
that term appears and inserting ``E-Verify Program''.
(2) The heading of section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 is amended by striking ``Basic
Pilot'' and inserting ``E-Verify''.
(b) Section 404(h)(1) of the Illegal Immigration Reform and
Immigration Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C.
1324a note) is amended by striking ``under a pilot program'' and
inserting ``under this subtitle''.
Sec. 549. Section 610 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8
U.S.C. 1153 note) is amended--
(1) by striking ``pilot'' each place it appears; and
(2) in subsection (b), by striking ``for 15 years''.
Sec. 550. Notwithstanding any other provision of law, should the
Secretary of Homeland Security determine that specific U.S. Immigration
and Customs Enforcement Service Processing Centers, or other U.S.
Immigration and Customs Enforcement owned detention facilities, no
longer meet the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers, or other U.S. Immigration and
Customs Enforcement owned detention facilities, by directing the
Administrator of General Services to sell all real and related personal
property which support Service Processing Centers, or other U.S.
Immigration and Customs Enforcement owned detention facilities,
operations, subject to such terms and conditions as necessary to
protect government interests and meet program requirements: Provided,
That the proceeds, net of the costs of sale incurred by the General
Services Administration and U.S. Immigration and Customs Enforcement
shall be deposited as offsetting collections into a separate account
that shall be available, subject to appropriation, until expended for
other real property capital asset needs of existing U.S. Immigration
and Customs Enforcement assets, excluding daily operations and
maintenance costs, as the Secretary deems appropriate.
Sec. 551. Section 550 of Public Law 109-295 is amended in
subsection (b) by deleting from the last proviso ``three years after
the date of enactment of this Act'' and inserting in lieu thereof
``October 4, 2010''.
Sec. 552. For fiscal year 2010 and thereafter, the Secretary of
Homeland Security may collect fees from any non-Federal participant in
a conference, seminar, exhibition, symposium, or similar meeting
conducted by the Department of Homeland Security in advance of the
conference, either directly or by contract, and those fees shall be
credited to the appropriation or account from which the costs of the
conference, seminar, exhibition, symposium, or similar meeting are paid
and shall be available to pay the costs of the Department of Homeland
Security with respect to the conference or to reimburse the Department
for costs incurred with respect to the conference: Provided, That in
the event the total amount of fees collected with respect to a
conference exceeds the actual costs of the Department of Homeland
Security with respect to the conference, the amount of such excess
shall be deposited into the Treasury as miscellaneous receipts:
Provided further, That the Secretary shall provide a report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than January 5, 2011, providing the level of
collections and a summary by agency of the purposes and levels of
expenditures for the prior fiscal year, and shall report annually
thereafter.
Sec. 553. For purposes of section 210C of the Homeland Security
Act of 2002 (6 U.S.C. 124j) a rural area shall also include any area
that is located in a metropolitan statistical area and a county,
borough, parish, or area under the jurisdiction of an Indian tribe with
a population of not more than 50,000.
Sec. 554. From the unobligated balances of prior year
appropriations made available for ``Analysis and Operations'',
$5,000,000 are rescinded.
Sec. 555. From the unobligated balances of prior year
appropriations made available for U.S. Immigration and Customs
Enforcement ``Construction'', $7,000,000 are rescinded.
Sec. 556. From the unobligated balances of prior year
appropriations made available for National Protection and Programs
Directorate ``Infrastructure Protection and Information Security'',
$8,000,000 are rescinded.
Sec. 557. From the unobligated balances of prior year
appropriations made available for Science and Technology ``Research,
Development, Acquisition, and Operations'', $7,500,000 are rescinded.
Sec. 558. From the unobligated balances of prior year
appropriations made available for Domestic Nuclear Detection Office
``Research, Development, and Operations'', $8,000,000 are rescinded.
Sec. 559. (a) Subject to subsection (b), none of the funds
appropriated or otherwise made available by this Act may be available
to operate the Loran-C signal after January 4, 2010.
(b) The limitation in subsection (a) shall take effect only if the
Commandant of the Coast Guard certifies that--
(1) the termination of the operation of the Loran-C signal
as of the date specified in subsection (a) will not adversely
impact the safety of maritime navigation; and
(2) the Loran-C system infrastructure is not needed as a
backup to the Global Positioning System or any other Federal
navigation requirement.
(c) If the Commandant makes the certification described in
subsection (b), the Coast Guard shall, commencing January 4, 2010,
terminate the operation of the Loran-C signal and commence a phased
decommissioning of the Loran-C system infrastructure.
(d) Not later than 30 days after such certification pursuant to
subsection (b), the Commandant shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
setting forth a proposed schedule for the phased decommissioning of the
Loran-C system infrastructure in the event of the decommissioning of
such infrastructure in accordance to subsection (c).
(e) If the Commandant makes the certification described in
subsection (b), the Secretary of Homeland Security, acting through the
Commandant of the Coast Guard, may, notwithstanding any other provision
of law, sell any real and personal property under the administrative
control of the Coast Guard and used for the Loran system, by directing
the Administrator of General Services to sell such real and personal
property, subject to such terms and conditions that the Secretary
believes to be necessary to protect government interests and program
requirements of the Coast Guard: Provided, That the proceeds, less the
costs of sale incurred by the General Services Administration, shall be
deposited as offsetting collections into the Coast Guard
``Environmental Compliance and Restoration'' account and, subject to
appropriation, shall be available until expended for environmental
compliance and restoration purposes associated with the Loran system,
for the demolition of improvements on such real property, and for the
costs associated with the sale of such real and personal property,
including due diligence requirements, necessary environmental
remediation, and reimbursement of expenses incurred by the General
Services Administration: Provided further, That after the completion of
such activities, the unexpended balances shall be available for any
other environmental compliance and restoration activities of the Coast
Guard.
border fence completion
Sec. 560. (a) Minimum Requirements.--Section 102(b)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note) is amended--
(1) in subparagraph (A), by adding at the end the
following: ``Fencing that does not effectively restrain
pedestrian traffic (such as vehicle barriers and virtual
fencing) may not be used to meet the 700-mile fence requirement
under this subparagraph.'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) not later than December 31, 2010,
complete the construction of all the reinforced
fencing and the installation of the related
equipment described in subparagraph (A).''; and
(3) in subparagraph (C), by adding at the end the
following:
``(iii) Funding not contingent on
consultation.--Amounts appropriated to carry
out this paragraph may not be impounded or
otherwise withheld for failure to fully comply
with the consultation requirement under clause
(i).''.
(b) Report.--Not later than September 30, 2009, the Secretary of
Homeland Security shall submit a report to Congress that describes--
(1) the progress made in completing the reinforced fencing
required under section 102(b)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
note), as amended by this Act; and
(2) the plans for completing such fencing before December
31, 2010.
Sec. 561. None of the amounts made available under this Act may be
used to implement changes to the final rule describing the process for
employers to follow after receiving a ``no match'' letter in order to
qualify for ``safe harbor'' status (promulgated on August 15, 2007).
Sec. 562. None of the funds made available under this Act may be
obligated for the construction of the National Bio and Agro-defense
Facility on the United States mainland until 90 days after the later
of--
(1) the date on which the Secretary of Homeland Security
completes a site-specific bio-safety and bio-security
mitigation assessment to determine the requirements necessary
to ensure safe operation of the National Bio and Agro-defense
Facility at the preferred site identified in the January 16,
2009, Record of Decision published in Federal Register Vol. 74,
Number 111; or
(2) the date on which the Secretary of Homeland Security,
in coordination with the Secretary of Agriculture, submits to
the Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives a report
that--
(A) describes the procedure that will be used to
issue the permit to conduct foot-and-mouth disease live
virus research under section 7524 of the Food,
Conservation, and Energy Act of 2008 (21 U.S.C. 113a
note; Public Law 110-246); and
(B) includes plans to establish an emergency
response plan with city, regional, and State officials
in the event of an accidental release of foot-and-mouth
disease or another hazardous pathogen.
Sec. 563. (a) Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Attorney General and the Administrative Office of
the United States Courts, shall submit a report to the congressional
committees set forth in subsection (b) that provides details about--
(1) additional Border Patrol sectors that should be
utilizing Operation Streamline programs; and
(2) resources needed from the Department of Homeland
Security, the Department of Justice, and the Judiciary, to
increase the effectiveness of Operation Streamline programs at
some Border Patrol sectors and to utilize such programs at
additional sectors.
(b) The congressional committees set forth in this subsection are--
(1) the Committee on Appropriations of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the House of
Representatives;
(4) the Committee on the Judiciary of the House of
Representatives; and
(5) the Committee on Homeland Security and Governmental
Affairs of the Senate.
maritime transportation security information
Sec. 564. (a) Short Title.--This section may be cited as the
``American Communities' Right to Public Information Act''.
(b) In General.--Section 70103(d) of title 46, United States Code,
is amended to read as follows:
``(d) Nondisclosure of Information.--
``(1) In general.--Information developed under this chapter
is not required to be disclosed to the public, including--
``(A) facility security plans, vessel security
plans, and port vulnerability assessments; and
``(B) other information related to security plans,
procedures, or programs for vessels or facilities
authorized under this chapter.
``(2) Limitations.--Nothing in paragraph (1) shall be
construed to authorize the designation of information as
sensitive security information (as defined in section 1520.5 of
title 49, Code of Federal Regulations)--
``(A) to conceal a violation of law, inefficiency,
or administrative error;
``(B) to prevent embarrassment to a person,
organization, or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of
information that does not require protection in the
interest of transportation security, including basic
scientific research information not clearly related to
transportation security.''.
(c) Conforming Amendments.--
(1) Section 114(r) of title 49, United States Code, is
amended by adding at the end thereof the following:
``(4) Limitations.--Nothing in this subsection, or any
other provision of law, shall be construed to authorize the
designation of information as sensitive security information
(as defined in section 1520.5 of title 49, Code of Federal
Regulations)--
``(A) to conceal a violation of law, inefficiency,
or administrative error;
``(B) to prevent embarrassment to a person,
organization, or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of
information that does not require protection in the
interest of transportation security, including basic
scientific research information not clearly related to
transportation security.''.
(2) Section 40119(b) of title 49, United States Code, is
amended by adding at the end thereof the following:
``(3) Nothing in paragraph (1) shall be construed to
authorize the designation of information as sensitive security
information (as defined in section 15.5 of title 49, Code of
Federal Regulations)--
``(A) to conceal a violation of law, inefficiency,
or administrative error;
``(B) to prevent embarrassment to a person,
organization, or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of
information that does not require protection in the
interest of transportation security, including basic
scientific research information not clearly related to
transportation security.''.
definition of switchblade knives
Sec. 565. Section 4 of the Act entitled ``An Act to prohibit the
introduction, or manufacture for introduction, into interstate commerce
of switchblade knives, and for other purposes'' (commonly known as the
Federal Switchblade Act) (15 U.S.C. 1244) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or'' and
(3) by adding at the end the following:
``(5) a knife that contains a spring, detent, or other
mechanism designed to create a bias toward closure of the blade
and that requires exertion applied to the blade by hand, wrist,
or arm to overcome the bias toward closure to assist in opening
the knife.''.
federal deposit insurance act technical correction
Sec. 566. (a) Applicable Annual Percentage Rate of Interest.--
Section 44(f)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1831u(f)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``(or in the case of a governmental entity located in such
State, paid)'' after ``received, or reserved''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``nondepository institution operating in such State''
and inserting ``governmental entity located in such
State or any person that is not a depository
institution described in subparagraph (A) doing
business in such State'';
(B) by redesignating clause (ii) as clause (iii);
(C) in clause (i)--
(i) in subclause (III)--
(I) in item (aa), by adding ``and''
at the end;
(II) in item (bb), by striking ``,
to facilitate'' and all that follows
through ``2009''; and
(III) by striking item (cc); and
(ii) by adding after subclause (III) the
following:
``(IV) the uniform accessibility of
bonds and obligations issued under the
American Recovery and Reinvestment Act
of 2009;''; and
(D) by inserting after clause (i) the following:
``(ii) to facilitate interstate commerce
through the issuance of bonds and obligations
under any provision of State law, including
bonds and obligations for the purpose of
economic development, education, and
improvements to infrastructure; and''.
(b) Effective Period.--The amendments made by this section shall
apply with respect to contracts consummated during the period beginning
on the date of enactment of this Act and ending on December 31, 2010.
detainee photographic records protection and open freedom of
information act
Sec. 567. (a) Detainee Photographic Records Protection.--(1) Short
title.--This subsection may be cited as the ``Detainee Photographic
Records Protection Act of 2009''.
(2) Definitions.--In this subsection:
(A) Covered record.--The term ``covered record''
means any record--
(i) that is a photograph that--
(I) was taken during the period
beginning on September 11, 2001,
through January 22, 2009; and
(II) relates to the treatment of
individuals engaged, captured, or
detained after September 11, 2001, by
the Armed Forces of the United States
in operations outside of the United
States; and
(ii) for which a certification by the
Secretary of Defense under paragraph (3) is in
effect.
(B) Photograph.--The term ``photograph''
encompasses all photographic images, whether originals
or copies, including still photographs, negatives,
digital images, films, video tapes, and motion
pictures.
(3) Certification.--
(A) In general.--For any photograph described under
paragraph (2)(A)(i), the Secretary of Defense shall
issue a certification, if the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of
Staff, determines that the disclosure of that
photograph would endanger--
(i) citizens of the United States; or
(ii) members of the Armed Forces or
employees of the United States Government
deployed outside the United States.
(B) Certification expiration.--A certification
under subparagraph (A) and a renewal of a certification
under subparagraph (C) shall expire 3 years after the
date on which the certification or renewal, as the case
may be, is made.
(C) Certification renewal.--The Secretary of
Defense may issue--
(i) a renewal of a certification in
accordance with subparagraph (A) at any time;
and
(ii) more than 1 renewal of a
certification.
(D) Notice to congress.--A timely notice of the
Secretary's certification shall be submitted to
Congress.
(4) Nondisclosure of detainee records.--A covered record
shall not be subject to--
(A) disclosure under section 552 of title 5, United
States Code (commonly referred to as the Freedom of
Information Act); or
(B) disclosure under any proceeding under that
section.
(5) Rule of construction.--Nothing in this subsection shall
be construed to preclude the voluntary disclosure of a covered
record.
(6) Effective date.--This subsection shall take effect on
the date of enactment of this Act and apply to any photograph
created before, on, or after that date that is a covered
record.
(b) Open Freedom of Information Act.--
(1) Short title.--This subsection may be cited as the
``OPEN FOIA Act of 2009''.
(2) Specific citations in statutory exemptions.--Section
552(b) of title 5, United States Code, is amended by striking
paragraph (3) and inserting the following:
``(3) specifically exempted from disclosure by statute
(other than section 552b of this title), if that statute--
``(A)(i) requires that the matters be withheld from
the public in such a manner as to leave no discretion
on the issue; or
``(ii) establishes particular criteria for
withholding or refers to particular types of matters to
be withheld; and
``(B) if enacted after the date of enactment of the
OPEN FOIA Act of 2009, specifically cites to this
paragraph.''.
Sec. 568. (a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security shall, in
consultation with the entities specified in subsection (c), submit to
Congress a report on improving cross-border inspection processes in an
effort to reduce the time to travel between locations in the United
States and locations in Ontario and Quebec by intercity passenger rail.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an evaluation of potential cross-border inspection
processes and methods including rolling inspections that comply
with Department of Homeland Security requirements that would
reduce the time to perform inspections on routes between
locations in the United States and locations in Ontario and
Quebec by intercity passenger rail;
(2) an assessment of the extent to which improving or
expanding infrastructure and increasing staffing could increase
the efficiency with which intercity rail passengers are
inspected at border crossings without decreasing security;
(3) an updated evaluation of the potential for pre-
clearance by the Department of Homeland Security of intercity
rail passengers at locations along routes between locations in
the United States and locations in Ontario and Quebec,
including through the joint use of inspection facilities with
the Canada Border Services Agency, based on the report required
by section 1523 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 450);
(4) an estimate of the timeline for implementing the
methods for reducing the time to perform inspections between
locations in the United States and locations in Ontario and
Quebec by intercity passenger rail based on the evaluations and
assessments described in paragraphs (1), (2), and (3); and
(5) a description of how such evaluations and assessments
would apply with respect to--
(A) all existing intercity passenger rail routes
between locations in the United States and locations in
Ontario and Quebec, including designated high-speed
rail corridors;
(B) any intercity passenger rail routes between
such locations that have been used over the past 20
years and on which cross-border passenger rail service
does not exist as of the date of the enactment of this
Act; and
(C) any potential future rail routes between such
locations.
(c) Entities Specified.--The entities to be consulted in the
development of the report required by subsection (a) are--
(1) the Government of Canada, including the Canada Border
Services Agency and Transport Canada and other agencies of the
Government of Canada with responsibility for providing border
services;
(2) the Provinces of Ontario and Quebec;
(3) the States of Maine, Massachusetts, New Hampshire, New
York, and Vermont;
(4) the National Railroad Passenger Corporation; and
(5) the Federal Railroad Administration.
administrative law judges
Sec. 569. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary reemployment
basis to conduct arbitrations of disputes as part of the arbitration
panel established by the President under section 601 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5;
123 Stat. 164).
proper disposal of personal information collected through the
registered traveler program
Sec. 570. (a) In General.--Any company that collects or retains
personal information directly from individuals who participated in the
Registered Traveler program shall safeguard and dispose of such
information in accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems''; and
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled ``Recommended
Security Controls for Federal Information Systems and
Organizations,'';
(3) any supplemental standards established by the Assistant
Secretary, Transportation Security Administration (referred to
in this section as the ``Assistant Secretary'').
(b) Certification.--The Assistant Secretary shall require any
company through the sponsoring entity described in subsection (a) to
provide, not later than 30 days after the date of the enactment of this
Act, written certification to the sponsoring entity that such
procedures are consistent with the minimum standards established under
paragraph (a)(1-3) with a description of the procedures used to comply
with such standards.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Assistant Secretary shall submit a report to Congress
that--
(1) describes the procedures that have been used to
safeguard and dispose of personal information collected through
the Registered Traveler program; and
(2) provides the status of the certification by any company
described in subsection (a) that such procedures are consistent
with the minimum standards established by paragraph (a)(1-3).
immigration provisions
Sec. 571. (a) Special Immigrant Nonminister Religious Worker
Program.--
(1) Extension.--Section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(27)(C)(ii)),
as amended by section 2(a) of the Special Immigrant Nonminister
Religious Worker Program Act (Public Law 110-391), is amended
by striking ``September 30, 2009'' each place such term appears
and inserting ``September 30, 2012''.
(2) Study and plan.--Not later than the earlier of 90 days
after the date of the enactment of this Act or March 30, 2010,
the Director of United States Citizenship and Immigration
Services shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives that includes--
(A) the results of a study conducted under the
supervision of the Director to evaluate the Special
Immigrant Nonminister Religious Worker Program to
identify the risks of fraud and noncompliance by
program participants; and
(B) a detailed plan that describes the actions to
be taken by the Department of Homeland Security against
noncompliant program participants and future
noncompliant program participants.
(3) Progress report.--Not later than the earlier of 90 days
after the submission of the report under subsection (b) or June
30, 2010, the Director of United States Citizenship and
Immigration Services shall submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary
of the House of Representatives that describes the progress
made in reducing the number of noncompliant participants of the
Special Immigrant Nonminister Religious Worker Program.
(b) Conrad State 30 J-1 Visa Waiver Program.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
1182 note) is amended by striking ``September 30, 2009'' and inserting
``September 30, 2012''.
(c) Relief for Surviving Spouses.--
(1) In general.--The second sentence of section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended by striking ``for at least
2 years at the time of the citizen's death''.
(2) Applicability.--
(A) In general.--The amendment made by paragraph
(1) shall apply to all applications and petitions
relating to immediate relative status under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)) pending on or after the
date of the enactment of this Act.
(B) Transition cases.--
(i) In general.--Notwithstanding any other
provision of law, an alien described in clause
(ii) who seeks immediate relative status
pursuant to the amendment made by paragraph (1)
shall file a petition under section
204(a)(1)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)(ii))
not later than the date that is 2 years after
the date of the enactment of this Act.
(ii) Aliens described.--An alien is
described in this clause if--
(I) the alien's United States
citizen spouse died before the date of
the enactment of this Act;
(II) the alien and the citizen
spouse were married for less than 2
years at the time of the citizen
spouse's death; and
(III) the alien has not remarried.
(d) Humanitarian Consideration for Pending Petitions and
Applications.--
(1) Amendment.--Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end
the following:
``(l) Humanitarian Consideration for Pending Petitions and
Applications.--
``(1) In general.--An alien described in paragraph (2) who
was the beneficiary or derivative beneficiary of a petition (as
defined in section 204, 207, or 208) filed on behalf of the
alien or principal beneficiary before the death of the
qualifying relative and who continues to reside in the United
States shall have such petition and any related or subsequent
applications for adjustment of status to that of a person
admitted for lawful permanent residence adjudicated as if the
death had not occurred, unless the Secretary of Homeland
Security determines, in the unreviewable discretion of the
Secretary, that approval would not be in the public interest.
``(2) Alien described.--An alien described in this
paragraph is an alien who, immediately prior to the death of
his or her qualifying relative, was--
``(A) an immediate relative (as described in
section 201(b)(2)(A)(i));
``(B) a family-sponsored immigrant (as described in
subsection (a) or (d) of section 203);
``(C) a derivative beneficiary of an employment-
based immigrant under section 203(b) (as described in
section 203(d));
``(D) a spouse or child of a refugee (as described
in section 207(c)(2)); or
``(E) an asylee (as described in section
208(b)(3)).''.
(2) Construction.--Nothing in the amendment made by
paragraph (1) may be construed to limit or waive any ground of
removal, basis for denial of petition or application, or other
criteria for adjudicating petitions or applications as
otherwise provided under the immigration laws of the United
States other than ineligibility based solely on the lack of a
qualifying family relationship as specifically provided by such
amendment.
Sec. 572. (a) The amount appropriated under the heading
``Firefighter Assistance Grants'' under the heading ``Federal Emergency
Management Agency'' under by title III for necessary expenses for
programs authorized by the Federal Fire Prevention and Control Act of
1974 is increased by $10,000,000 for necessary expenses to carry out
the programs authorized under section 33 of that Act (15 U.S.C. 2229).
(b) The total amount of appropriations under the heading ``Aviation
Security'' under the heading ``Transportation Security Administration''
under title II, the amount for screening operations and the amount for
explosives detection systems under the first proviso under that heading
and the amount for the purchase and installation of explosives
detection systems under the second proviso under that heading are
reduced by $4,500,000.
(c) From the unobligated balances of amounts appropriated before
the date of enactment of this Act for the appropriations account under
the heading ``State and Local Programs'' under the heading ``Federal
Emergency Management Agency'' for ``Trucking Industry Security
Grants'', $5,500,000 are rescinded.
Sec. 573. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That the prescription
drug may not be--
proper awarding of incentive fees for contract performance
Sec. 574. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 575. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such contract is
entered into in accordance with the requirements of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253) or
Chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above referenced
statutes.
checking the immigration status of employees
Sec. 576. Section 403(a)(3)(A) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C.
1324a note) is amended--
(1) by striking ``The person'' and inserting the following:
``(i) Upon hiring.--The person''; and
(2) by adding at the end the following:
``(ii) Existing employees.--An employer
that elects to verify the employment
eligibility of existing employees shall verify
the employment eligibility of all such
employees not later than 10 days after
notifying the Secretary of Homeland Security of
such election.''.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2010''.
Passed the House of Representatives June 24, 2009.
Attest:
LORRAINE C. MILLER,
Clerk.
Passed the Senate July 10, 2009.
Attest:
NANCY ERICKSON,
Secretary.