[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2892 Reported in House (RH)]

                                                  Union Calendar No. 78
111th CONGRESS
  1st Session
                                H. R. 2892

                          [Report No. 111-157]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2010, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2009

  Mr. Price of North Carolina, from the Committee on Appropriations, 
 reported the following bill; which was committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2010, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2010, and for other purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $147,427,000: Provided, That 
not to exceed $60,000 shall be for official reception and 
representation expenses, of which $20,000 shall be made available to 
the Office of Policy solely to host Visa Waiver Program negotiations in 
Washington, DC.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $268,690,000, of which 
not less than $1,000,000 shall be for logistics training; and of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount made available under this 
heading, $6,000,000 shall remain available until expended solely for 
the alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations at 
the Nebraska Avenue Complex; and $17,131,000 shall remain available 
until expended for the Human Resources Information Technology program.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $63,530,000, of which $11,000,000 shall remain 
available until expended for financial systems consolidation efforts.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$299,593,000; of which $86,912,000 shall be available for salaries and 
expenses; and of which $212,681,000, to remain available until 
expended, shall be available for development and acquisition of 
information technology equipment, software, services, and related 
activities for the Department of Homeland Security: Provided, That none 
of the funds appropriated shall be used to support or supplement the 
appropriations provided for the United States Visitor and Immigrant 
Status Indicator Technology project or the Automated Commercial 
Environment: Provided further, That the Chief Information Officer shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, not more than 60 days after the date of enactment 
of this Act, an expenditure plan for all information technology 
acquisition projects that: (1) are funded under this heading; or (2) 
are funded by multiple components of the Department of Homeland 
Security through reimbursable agreements: Provided further, That such 
expenditure plan shall include each specific project funded, key 
milestones, all funding sources for each project, details of annual and 
lifecycle costs, and projected cost savings or cost avoidance to be 
achieved by the project.

                        Analysis and Operations

    For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $345,556,000, of which not 
to exceed $5,000 shall be for official reception and representation 
expenses; and of which $199,677,000 shall remain available until 
September 30, 2011.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

    For necessary expenses of the Office of the Federal Coordinator for 
Gulf Coast Rebuilding, $2,000,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $111,874,000, of which not to exceed $150,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and transportation of 
unaccompanied minor aliens; purchase and lease of up to 4,500 (4,000 
for replacement only) police-type vehicles; and contracting with 
individuals for personal services abroad; $7,576,897,000, of which 
$3,226,000 shall be derived from the Harbor Maintenance Trust Fund for 
administrative expenses related to the collection of the Harbor 
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $45,000 shall be for official reception and 
representation expenses; of which not less than $309,629,000 shall be 
for Air and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of 
which not to exceed $1,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security; and of which not more than $800,000 
shall be for procurement of portable solar charging rechargeable 
battery systems, to be awarded under full and open competition: 
Provided, That for fiscal year 2010, the overtime limitation prescribed 
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) shall be $35,000; and notwithstanding any other provision of 
law, none of the funds appropriated by this Act may be available to 
compensate any employee of U.S. Customs and Border Protection for 
overtime, from whatever source, in an amount that exceeds such 
limitation, except in individual cases determined by the Secretary of 
Homeland Security, or the designee of the Secretary, to be necessary 
for national security purposes, to prevent excessive costs, or in cases 
of immigration emergencies.

                        automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $462,445,000, to remain available until expended, of which not 
less than $267,960,000 shall be for the development of the Automated 
Commercial Environment: Provided, That of the total amount made 
available under this heading, $167,960,000 may not be obligated for the 
Automated Commercial Environment program until 30 days after the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a report on the results to date and plans for 
the program from the Department of Homeland Security.

        border security fencing, infrastructure, and technology

    For expenses for border security fencing, infrastructure, and 
technology, $732,000,000, to remain available until expended: Provided, 
That of the total amount made available under this heading, 
$150,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure, prepared by the Secretary of 
Homeland Security, reviewed by the Government Accountability Office, 
and submitted not later than 90 days after the date of the enactment of 
this Act, for a program to establish and maintain a security barrier 
along the borders of the United States, of fencing and vehicle barriers 
where practicable, and of other forms of tactical infrastructure and 
technology, that includes--
            (1) a detailed accounting of the program's implementation 
        to date for all investments, including technology and tactical 
        infrastructure, for funding already expended relative to system 
        capabilities or services, system performance levels, mission 
        benefits and outcomes, milestones, cost targets, program 
        management capabilities, identification of the maximum 
        investment, including life-cycle costs, related to the Secure 
        Border Initiative program or any successor program, and 
        description of the methodology used to obtain these cost 
        figures;
            (2) a description of how specific projects will further the 
        objectives of the Secure Border Initiative, as defined in the 
        Department of Homeland Security Secure Border Plan, and how the 
        expenditure plan allocates funding to the highest priority 
        border security needs;
            (3) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (4) an identification of staffing, including full-time 
        equivalents, contractors, and detailees, by program office;
            (5) a description of how the plan addresses security needs 
        at the Northern border and ports of entry, including 
        infrastructure, technology, design and operations requirements, 
        specific locations where funding would be used, and priorities 
        for Northern border activities;
            (6) a report on budget, obligations and expenditures, the 
        activities completed, and the progress made by the program in 
        terms of obtaining operational control of the entire border of 
        the United States;
            (7) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones to 
        fully address such recommendations;
            (8) a certification by the Chief Procurement Officer of the 
        Department including all supporting documents or memoranda, and 
        documentation and a description of the investment review 
        processes used to obtain such certifications, that--
                    (A) the program has been reviewed and approved in 
                accordance with the investment management process of 
                the Department, and that the process fulfills all 
                capital planning and investment control requirements 
                and reviews established by the Office of Management and 
                Budget, including as provided in Circular A-11, part 7;
                    (B) the plans for the program comply with the 
                Federal acquisition rules, requirements, guidelines, 
                and practices, and a description of the actions being 
                taken to address areas of non-compliance, the risks 
                associated with such actions, together with any plans 
                for addressing these risks, and the status of the 
                implementation of such actions; and
                    (C) procedures to prevent conflicts of interest 
                between the prime integrator and major subcontractors 
                are established and that the Secure Border Initiative 
                Program Office has adequate staff and resources to 
                effectively manage the Secure Border Initiative program 
                and all contracts under such program, including the 
                exercise of technical oversight;
            (9) a certification by the Chief Information Officer of the 
        Department including all supporting documents or memoranda, and 
        documentation and a description of the investment review 
        processes used to obtain such certifications that--
                    (A) the system architecture of the program has been 
                determined to be sufficiently aligned with the 
                information systems enterprise architecture of the 
                Department to minimize future rework, including a 
                description of all aspects of the architectures that 
                were or were not assessed in making the alignment 
                determination, the date of the alignment determination, 
                and any known areas of misalignment together with the 
                associated risks and corrective actions to address any 
                such areas;
                    (B) the program has a risk management process that 
                regularly and proactively identifies, evaluates, 
                mitigates, and monitors risks throughout the system 
                life cycle and communicates high-risk conditions to 
                U.S. Customs and Border Protection and Department of 
                Homeland Security investment decision-makers, as well 
                as a listing of all the program's high risks and the 
                status of efforts to address such risks; and
                    (C) an independent verification and validation 
                agent is currently under contract for the projects 
                funded under this heading;
            (10) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the Secure 
        Border Initiative program are being addressed so as to ensure 
        adequate staff and resources to effectively manage the Secure 
        Border Initiative; and
            (11) an analysis by the Secretary for each segment, defined 
        as not more than 15 miles, of fencing or tactical 
        infrastructure, of the selected approach compared to other, 
        alternative means of achieving operational control, including 
        cost, level of operational control, possible unintended effects 
        on communities, and other factors critical to the 
        decisionmaking process:
Provided further, That the Secretary shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on 
program progress, and obligations and expenditures for all outstanding 
task orders as well as specific objectives to be achieved through the 
award of current and remaining task orders planned for the balance of 
available appropriations at least 15 days before the award of any task 
order requiring an obligation of funds in an amount greater than 
$25,000,000 and before the award of a task order that would cause 
cumulative obligations of funds to exceed 50 percent of the total 
amount appropriated: Provided further, That none of the funds made 
available under this heading may be obligated unless the Department has 
complied with section 102(b)(1)(C)(i) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and the 
Secretary certifies such to the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, That none of 
the funds made available under this heading may be obligated for any 
project or activity for which the Secretary has exercised waiver 
authority pursuant to section 102(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 
days have elapsed from the date of the publication of the decision in 
the Federal Register.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, and rental payments 
for facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include the following: the 
interdiction of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; and at the 
discretion of the Secretary of Homeland Security, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $513,826,000, to remain 
available until expended: Provided, That no aircraft or other related 
equipment, with the exception of aircraft that are one of a kind and 
have been identified as excess to U.S. Customs and Border Protection 
requirements and aircraft that have been damaged beyond repair, shall 
be transferred to any other Federal agency, department, or office 
outside of the Department of Homeland Security during fiscal year 2010 
without the prior approval of the Committees on Appropriations of the 
Senate and the House of Representatives.

                          facilities management

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$682,133,000, of which not to exceed $150,000 shall be available for 
payment for rental space in connection with preclearance operations; 
and of which $279,870,000 shall remain available until expended; of 
which not more than $3,500,000 shall be for acquisition, design, and 
construction of U.S. Customs and Border Protection Air and Marine 
facilities at El Paso International Airport, Texas.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$5,311,493,000, 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 shall remain available until 
September 30, 2011, for the Visa Security Program: Provided further, 
That none of the funds provided under this heading may be used to 
continue a delegation of law enforcement authority authorized under 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been violated: Provided further, That none of the funds 
provided under this heading may be used to continue any contract for 
the provision of detention services if the two most recent overall 
performance evaluations received by the contracted facility are less 
than ``adequate'' or the equivalent median score in any subsequent 
performance evaluation system: Provided further, That nothing under 
this heading shall prevent U.S. Immigation and Customs Enforcement from 
exercising those authorities provided under immigration laws (as 
defined in section 101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens 
convicted of a crime: Provided further, That none of the funds provided 
under this heading may be obligated to co-locate field offices of U.S. 
Immigration and Customs Enforcement until the Secretary of Homeland 
Security submits to the Committees on Appropriations of the Senate and 
the House of Representatives a plan for the nationwide implementation 
of the Alternatives to Detention Program that identifies: (1) the funds 
required for nationwide program implementation, (2) the timeframe for 
achieving nationwide program implementation; and (3) an estimate of the 
number of individuals who could be enrolled in a nationwide program.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of Federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives no later 
than December 31, 2009, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2010 through revenues and 
collection of security fees, and shall adjust the fees to ensure fee 
collections are sufficient to ensure that the Federal Protective 
Service maintains not fewer than 1,200 full-time equivalent staff and 
900 full-time equivalent Police Officers, Inspectors, Area Commanders, 
and Special Agents who, while working, are directly is engaged on a 
daily basis protecting and enforcing laws at Federal buildings 
(referred to as ``in-service field staff''): Provided further, That 
none of the funds made available in this Act may be used to modify or 
restructure the bureaucratic organization of the Federal Protective 
Service as part of U.S. Immigration and Customs Enforcement.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $105,000,000, to remain available until expended.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$11,818,000, to remain available until expended: Provided, That none of 
the funds made available in this Act may be used to solicit or consider 
any request to privatize facilities currently owned by the United 
States Government and used to detain aliens unlawfully present in the 
United States until the Committees on Appropriations of the Senate and 
the House of Representatives receive a plan for carrying out that 
privatization.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,265,740,000, to remain 
available until September 30, 2011, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not to 
exceed $4,409,776,000 shall be for screening operations, of which 
$1,138,106,000 shall be available for explosives detection systems; and 
not to exceed $855,964,000 shall be for aviation security direction and 
enforcement: Provided further, That of the amount made available in the 
preceding proviso for explosives detection systems, $800,000,000 shall 
be available for the purchase and installation of these systems: 
Provided further, That of the total amount provided, $1,250,000 shall 
be made available for Safe Skies Alliance to develop and enhance 
research and training capabilities for Transportation Security Officer 
improvised explosive recognition training: Provided further, That 
security service fees authorized under section 44940 of title 49, 
United States Code, shall be credited to this appropriation as 
offsetting collections and shall be available only for aviation 
security: Provided further, That any funds collected and made available 
from aviation security fees pursuant to section 44940(i) of title 49, 
United States Code, may, notwithstanding paragraph (4) of such section 
44940(i), be expended for the purpose of improving screening at airport 
screening checkpoints, which may include the purchase and utilization 
of emerging technology equipment; the refurbishment and replacement of 
current equipment; the installation of surveillance systems to monitor 
checkpoint activities; the modification of checkpoint infrastructure to 
support checkpoint reconfigurations; and the creation of additional 
checkpoints to screen aviation passengers and airport personnel: 
Provided further, That the sum appropriated under this heading from the 
general fund shall be reduced on a dollar-for-dollar basis as such 
offsetting collections are received during fiscal year 2010, so as to 
result in a final fiscal year appropriation from the general fund 
estimated at not more than $3,165,740,000: Provided further, That any 
security service fees collected in excess of the amount made available 
under this heading shall become available during fiscal year 2011: 
Provided further, That Members of the House of Representatives and 
Senate, including the leadership; the heads of Federal agencies and 
commissions, including the Secretary, Under Secretaries, and Assistant 
Secretaries of Homeland Security; the Attorney General and Assistant 
Attorneys General and the United States attorneys; and senior members 
of the Executive Office of the President, including the Director of the 
Office of Management and Budget; shall not be exempt from Federal 
passenger and baggage screening.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation security 
activities, $103,416,000, to remain available until September 30, 2011.

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $171,999,000, to remain available until September 
30, 2011: Provided, That if the Assistant Secretary of Homeland 
Security (Transportation Security Administration) determines that the 
Secure Flight program does not need to check airline passenger names 
against the full terrorist watch list, the Assistant Secretary shall 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives that no significant security risks are raised by 
screening airline passenger names only against a subset of the full 
terrorist watch list.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $992,980,000, 
to remain available until September 30, 2011: Provided, That not to 
exceed $5,000,000 may be obligated for headquarters administration 
until the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives detailed 
expenditure plans for checkpoint support and explosives detection 
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2010: Provided further, That these plans 
shall be submitted no later than 60 days after the date of enactment of 
this Act.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $860,111,000.

                              Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $700,000) and for repairs 
and service-life replacements for small boats for such requirements, 
not to exceed a total of $26,000,000; minor shore construction projects 
not exceeding $1,000,000 in total cost at any location; payments 
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 
Stat. 1920); and recreation and welfare; $6,822,026,000, of which 
$340,000,000 shall be for defense-related activities; of which 
$241,503,000 is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111\th\ 
Congress), the concurrent resolution on the budget for fiscal year 
2010; of which $24,500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to 
exceed $20,000 shall be for official reception and representation 
expenses: Provided, That none of the funds made available by this or 
any other Act shall be available for administrative expenses in 
connection with shipping commissioners in the United States: Provided 
further, That none of the funds made available by this Act shall be for 
expenses incurred for recreational vessels under section 12114 of title 
46, United States Code, except to the extent fees are collected from 
yacht owners and credited to this appropriation: Provided further, That 
the Coast Guard shall comply with the requirements of section 527 of 
Public Law 108-136 with respect to the Coast Guard Academy.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the Coast Guard under chapter 19 of title 
14, United States Code, $13,198,000, to remain available until 
expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $133,632,000.

              acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,347,480,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $103,000,000 shall be available until 
September 30, 2014, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $119,500,000 shall be 
available until September 30, 2012, for other equipment; of which 
$10,000,000 shall be available until September 30, 2012, for shore 
facilities and aids to navigation facilities; of which $100,000,000 
shall be available for personnel compensation and benefits and related 
costs; and of which $1,014,980,000 shall be available until September 
30, 2014, for the Integrated Deepwater Systems program: Provided, That 
of the funds made available for the Integrated Deepwater Systems 
program, $269,000,000 is for aircraft and $591,380,000 is for surface 
ships: Provided further, That the Secretary of Homeland Security shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, in conjunction with the President's fiscal year 
2011 budget, a review of the Revised Deepwater Implementation Plan that 
identifies any changes to the plan for the fiscal year; an annual 
performance comparison of Integrated Deepwater Systems program assets 
to pre-Deepwater legacy assets; a status report of such legacy assets; 
a detailed explanation of how the costs of such legacy assets are being 
accounted for within the Integrated Deepwater Systems program; and the 
earned value management system gold card data for each Integrated 
Deepwater Systems program asset: Provided further, That the Secretary 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a comprehensive review of the Revised 
Deepwater Implementation Plan every 5 years, beginning in fiscal year 
2011, that includes a complete projection of the acquisition costs and 
schedule for the duration of the plan through fiscal year 2027: 
Provided further, That the Secretary shall annually submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is submitted 
under section 1105(a) of title 31, United States Code, a future-years 
capital investment plan for the Coast Guard that identifies for each 
capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next 5 fiscal years or until project completion, whichever is 
        earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified: Provided further, 
That subsections (a) and (b) of section 6402 of the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (Public Law 110-28) shall apply to fiscal year 
2010.

                         alteration of bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $10,000,000, to remain available until expended.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$19,745,000, to remain available until expended, of which $500,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,361,245,000, to remain available until expended.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including: purchase of not to exceed 652 vehicles for police-type use 
for replacement only; hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; services of 
expert witnesses at such rates as may be determined by the Director of 
the Secret Service; rental of buildings in the District of Columbia, 
and fencing, lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may be 
necessary to perform protective functions; payment of per diem or 
subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee requires an 
employee to work 16 hours per day or to remain overnight at a post of 
duty; conduct of and participation in firearms matches; presentation of 
awards; travel of United States Secret Service employees on protective 
missions without regard to the limitations on such expenditures in this 
or any other Act if approval is obtained in advance from the Committees 
on Appropriations of the Senate and the House of Representatives; 
research and development; grants to conduct behavioral research in 
support of protective research and operations; and payment in advance 
for commercial accommodations as may be necessary to perform protective 
functions; $1,457,409,000, of which not to exceed $25,000 shall be for 
official reception and representation expenses; of which not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations; of 
which $2,366,000 shall be for forensic and related support of 
investigations of missing and exploited children; and of which 
$6,000,000 shall be for a grant for activities related to the 
investigations of missing and exploited children and shall remain 
available until expended: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 30, 2011: 
Provided further, That up to $1,000,000 for National Special Security 
Events shall remain available until expended: Provided further, That 
the United States Secret Service is authorized to obligate funds in 
anticipation of reimbursements from Federal agencies and entities, as 
defined in section 105 of title 5, United States Code, receiving 
training sponsored by the James J. Rowley Training Center, except that 
total obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year: Provided further, That none of the funds made available 
under this heading shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that the 
Secretary of Homeland Security, or the designee of the Secretary, may 
waive that amount as necessary for national security purposes: Provided 
further, That none of the funds made available to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided further, That the 
Director of the United States Secret Service may enter into an 
agreement to perform such service on a fully reimbursable basis.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,975,000, to remain 
available until expended.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Management 
and Analysis, $44,577,000: Provided, That not to exceed $5,000 shall be 
for official reception and representation expenses.

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$883,346,000, of which $744,085,000 shall remain available until 
September 30, 2011:  Provided, That of the amount made available under 
this heading, $155,000,000 may not be obligated for the National Cyber 
Security Initiative program and $25,000,000 may not be obligated for 
the Next Generation Networks program until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure for that program that describes the 
strategic context of the program; the specific goals and milestones set 
for the program; and the funds allocated to achieving each of those 
goals: Provided further, That of the total amount provided, $1,000,000 
is for Philadelphia infrastructure monitoring; $3,500,000 is for State 
and local cyber security training; $3,000,000 is for the Power and 
Cyber Systems Protection, Analysis, and Testing Program at the Idaho 
National Laboratory; $3,500,000 is for the Cyber Security Test Bed and 
Evaluation Center; $3,000,000 is for the Multi-State Information 
Sharing and Analysis Center; $500,000 is for the Virginia Operational 
Integration Cyber Center of Excellence; $100,000 is for the Upstate New 
York Cyber Initiative; and $1,000,000 is for interoperable 
communications, technical assistance and outreach programs.

    united states visitor and immigrant status indicator technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $351,800,000, to 
remain available until expended: Provided, That of the total amount 
made available under this heading, $75,000,000 may not be obligated for 
the United States Visitor and Immigrant Status Indicator Technology 
program until the Committees on Appropriations of the Senate and the 
House of Representatives receive a plan for expenditure prepared by the 
Secretary of Homeland Security that includes--
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost 
        targets, and program management capabilities;
            (2) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones 
        for fully addressing such recommendations;
            (4)(A) a certification by the Chief Procurement Officer of 
        the Department that--
                    (i) the program has been reviewed and approved in 
                accordance with the investment management process of 
                the Department;
                    (ii) the process fulfills all capital planning and 
                investment control requirements and reviews established 
                by the Office of Management and Budget, including as 
                provided in Circular A-11, part 7; and
                    (iii) the plans for the program comply with Federal 
                acquisition rules, requirements, guidelines, and 
                practices; and
            (B) a description by the Chief Procurement Officer of the 
        actions being taken to address areas of non-compliance, the 
        risks associated with such areas as well as any plans for 
        addressing such risks, and the status of the implementation of 
        such actions;
            (5)(A) a certification by the Chief Information Officer of 
        the Department that--
                    (i) an independent verification and validation 
                agent is currently under contract for the program;
                    (ii) the system architecture of the program is 
                sufficiently aligned with the information systems 
                enterprise architecture of the Department to minimize 
                future rework, including a description of all aspects 
                of the architecture that were or were not assessed in 
                making the alignment determination, the date of the 
                alignment determination, and any known areas of 
                misalignment along with the associated risks and 
                corrective actions to address any such areas; and
                    (iii) the program has a risk management process 
                that regularly identifies, evaluates, mitigates, and 
                monitors risks throughout the system life cycle, and 
                communicates high-risk conditions to agency and 
                Department investment decision makers; and
            (B) a listing by the Chief Information Officer of all the 
        program's high risks and the status of efforts to address them;
            (6) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report; and
            (7) a detailed accounting of operation and maintenance, 
        contractor services, and program costs associated with the 
        management of identity services.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$128,400,000, of which $30,411,000 is for salaries and expenses: 
Provided, That $97,989,000 shall remain available until September 30, 
2011, for biosurveillance, BioWatch, medical readiness planning, 
chemical response, and other activities, including $5,000,000 for the 
North Carolina Collaboratory for Bio-Preparedness, University of North 
Carolina, Chapel Hill: Provided further, That not to exceed $3,000 
shall be for official reception and representation expenses.

                  Federal Emergency Management Agency

                     management and administration

    For necessary expenses for management and administration of the 
Federal Emergency Management Agency, $844,500,000, including activities 
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire 
Assistance Act of 2000 (Div. 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.

                        state and local programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other 
activities, $2,829,000,000 shall be allocated as follows:
            (1) $950,000,000 shall be for the State Homeland Security 
        Grant Program under section 2004 of the Homeland Security Act 
        of 2002 (6 U.S.C. 605): Provided, That of the amount provided 
        by this paragraph, $60,000,000 shall be for Operation 
        Stonegarden: Provided further, That notwithstanding subsection 
        (c)(4) of such section 2004, for fiscal year 2010, the 
        Commonwealth of Puerto Rico shall make available to local and 
        tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $887,000,000 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 shall be for grants to 
        organizations (as described under section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of such code) determined by the Secretary of 
        Homeland Security to be at high risk of a terrorist attack.
            (3) $40,000,000 shall be for the Metropolitan Medical 
        Response System under section 635 of the Post-Katrina Emergency 
        Management Reform Act of 2006 (6 U.S.C. 723).
            (4) $15,000,000 shall be for the Citizen Corps Program.
            (5) $250,000,000 shall be for Public Transportation 
        Security Assistance and Railroad Security Assistance under 
        sections 1406 and 1513 of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007 (6 U.S.C. 1135 and 1163): 
        Provided, That such public transportation security assistance 
        shall be provided directly to public transportation agencies.
            (6) $250,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C 
        70107(c).
            (7) $12,000,000 shall be for Over-the-Road Bus Security 
        Assistance under section 1532 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
        1182).
            (8) $50,000,000 shall be for Buffer Zone Protection Program 
        Grants.
            (9) $50,000,000 shall be for grants in accordance with 
        section 204 of the REAL ID Act of 2005 (49 U.S.C. 30301 note).
            (10) $50,000,000 shall be for the Interoperable Emergency 
        Communications Grant Program under section 1809 of the Homeland 
        Security Act of 2002 (6 U.S.C. 579).
            (11) $40,000,000 shall remain available until expended for 
        grants for Emergency Operations Centers under section 614 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5196c), as detailed in the statement 
        accompanying this Act.
            (12) $235,000,000 shall be for training, exercises, 
        technical assistance, and other programs, of which--
                    (A) $132,000,000 shall be for the National Domestic 
                Preparedness Consortium in accordance with section 1204 
                of the Implementing Recommendations of the 9/11 
                Commission Act of 2007 (6 U.S.C. 1102), of which 
                $23,000,000 shall be for the National Energetic 
                Materials Research and Testing Center, New Mexico 
                Institute of Mining and Technology; $23,000,000 shall 
                be for the National Center for Biomedical Research and 
                Training, Louisiana State University; $23,000,000 shall 
                be for the National Emergency Response and Rescue 
                Training Center, Texas A&M University; $23,000,000 
                shall be for the National Exercise, Test, and Training 
                Center, Nevada Test Site; and $40,000,000 shall be for 
                the Center for Domestic Preparedness, Alabama; and
                    (B) $3,000,000 shall be for the Rural Domestic 
                Preparedness Consortium, Eastern Kentucky University:
Provided, That not to exceed 3 percent of the amounts provided under 
this heading may be transferred to the Federal Emergency Management 
Agency ``Management and Administration'' account for program 
administration, and an expenditure plan for program administration 
shall be provided to the Committees on Appropriations of the Senate and 
the House of Representatives within 60 days after the date of enactment 
of this Act: Provided further, That for grants under paragraphs (1) 
through (4), the applications for grants shall be made available to 
eligible applicants not later than 25 days after the date of enactment 
of this Act, eligible applicants shall submit applications not later 
than 90 days after the grant announcement, and the Administrator of the 
Federal Emergency Management Agency shall act within 90 days after 
receipt of an application: Provided further, That for grants under 
paragraphs (5) through (7) and (10), the applications for grants shall 
be made available to eligible applicants not later than 30 days after 
the date of enactment of this Act, eligible applicants shall submit 
applications within 45 days after the grant announcement, and the 
Federal Emergency Management Agency shall act not later than 60 days 
after receipt of an application: Provided further, That for grants 
under paragraphs (1) and (2), the installation of communications towers 
is not considered construction of a building or other physical 
facility: Provided further, That grantees shall provide reports on 
their use of funds, as determined necessary by the Secretary: Provided 
further, That (a) the Center for Domestic Preparedness may provide 
training to emergency response providers from the Federal Government, 
foreign governments, or private entities, if the Center for Domestic 
Preparedness is reimbursed for the cost of such training, and any 
reimbursement under this subsection shall be credited to the account 
from which the expenditure being reimbursed was made and shall be 
available, without fiscal year limitation, for the purposes for which 
amounts in the account may be expended, (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, 2011: Provided, That not to exceed 
5 percent of the amount available under this heading shall be available 
for program administration, and an expenditure plan for program 
administration shall be provided to the Committees on Appropriations of 
the Senate and the House of Representatives within 60 days of the date 
of enactment of this Act.

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $330,000,000: Provided, That total 
administrative costs shall not exceed 3 percent of the total amount 
appropriated under this heading.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2010, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2010, and remain 
available until expended.

                   united states fire administration

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $45,588,000.

                            disaster relief

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$2,000,000,000, to remain available until expended: Provided, That the 
Federal Emergency Management Agency shall submit an expenditure plan to 
the Committees on Appropriations of the Senate and the House of 
Representatives detailing the use of the funds for disaster readiness 
and support within 60 days after the date of enactment of this Act: 
Provided further, That the Federal Emergency Management Agency shall 
submit to such Committees a quarterly report detailing obligations 
against the expenditure plan and a justification for any changes in 
spending: Provided further, That of the total amount provided, 
$16,000,000 shall be transferred to the Department of Homeland Security 
Office of Inspector General for audits and investigations related to 
disasters, subject to section 503 of this Act: Provided further, That 
up to $90,080,000 may be transferred to the Federal Emergency 
Management Agency ``Management and Administration'' account for 
management and administration functions: Provided further, That the 
amount provided in the previous proviso shall not be available for 
transfer to the ``Management and Administration'' account until the 
Federal Emergency Management Agency submits an expenditure plan to the 
Committees on Appropriations of the Senate and the House of 
Representatives: Provided further, That the Administrator of the 
Federal Emergency Management Agency shall report monthly beginning July 
1, 2009, to the Committee on Appropriations of the House of 
Representatives regarding the number of individuals and households in 
need of Federal disaster assistance as a result of such severe storms, 
tornados, flooding, and mudslides (under FEMA-1841-DR) but denied 
assistance due to failure to meet flood insurance requirements. Such 
report shall include the reasons and circumstances for each denial per 
individual and household: Provided further, That for any request for 
reimbursement from a Federal agency to the Department of Homeland 
Security to cover expenditures under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any 
mission assignment orders issued by the Department for such purposes, 
the Secretary of Homeland Security shall take appropriate steps to 
ensure that each agency is periodically reminded of Department policies 
on--
            (1) the detailed information required in supporting 
        documentation for reimbursements; and
            (2) the necessity for timeliness of agency billings.

            disaster assistance direct loan program account

    For activities under section 319 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for 
the cost of direct loans: Provided, That gross obligations for the 
principal amount of direct loans shall not exceed $25,000,000: Provided 
further, That the cost of modifying such loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).

                      flood map modernization fund

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 
available until expended: Provided, That total administrative costs 
shall not exceed 3 percent of the total amount appropriated under this 
heading.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $159,469,000, which shall remain available until 
September 30, 2011, and shall be derived from offsetting collections 
assessed and collected under section 1308(b)(3) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4015(b)(3)), which shall be available 
as follows: (1) not to exceed $52,149,000 for salaries and expenses 
associated with flood mitigation and flood insurance operations; and 
(2) no less than $107,320,000 for flood plain management and flood 
mapping: Provided, That any additional fees collected pursuant to 
section 1308(b)(3) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4015(b)(3)) shall be credited as an offsetting collection to 
this account, to be available for flood plain management and flood 
mapping: Provided further, That if the Administrator of the Federal 
Emergency Management Agency determines that such amount for salaries 
and expenses is insufficient, the Administrator of the Federal 
Emergency Management Agency may use amounts made available under this 
heading for flood plain management and flood mapping to pay for such 
salaries and expenses, but only if the Administrator submits to the 
Committees on Appropriations of the Senate and the House of 
Representatives notice of the Administrator's intention to use such 
funds for such purpose 30 days in advance of any such use: Provided 
further, That in fiscal year 2010, no funds shall be available from the 
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C. 
4017) in excess of: (1) $85,000,000 for operating expenses; (2) 
$969,370,000 for commissions and taxes of agents; (3) such sums as are 
necessary for interest on Treasury borrowings; and (4) $120,000,000, 
which shall remain available until expended for flood mitigation 
actions, of which $70,000,000 shall be for severe repetitive loss 
properties under section 1361A of the National Flood Insurance Act of 
1968 (42 U.S.C. 4102a), of which $10,000,000 shall be for repetitive 
insurance claims properties under section 1323 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4030), and of which $40,000,000 is for 
flood mitigation assistance under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs 
(B) and (C) of subsection (b)(3) and subsection (f) of section 1366 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and 
notwithstanding subsection (a)(7) of section 1310 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4017): Provided further, That amounts 
collected under section 102 of the Flood Disaster Protection Act of 
1973 and section 1366(i) of the National Flood Insurance Act of 1968 
(42 U.S.C 1366(i)) shall be deposited in the National Flood Insurance 
Fund to supplement other amounts specified as available for section 
1366 of the National Flood Insurance Act of 1968, notwithstanding 42 
U.S.C. 4012a(f)(8), 4104c(i), and 4104d(b)(2)-(3): Provided further, 
That total administrative costs shall not exceed 4 percent of the total 
appropriation.

                  national predisaster mitigation fund

    For the predisaster mitigation grant program under section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133), $100,000,000, to remain available until expended and as 
detailed in the statement accompanying this Act: Provided, That the 
total administrative costs associated with such grants shall not exceed 
3 percent of the total amount made available under this heading.

                       emergency food and shelter

    To carry out the emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $200,000,000, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total amount made available under this heading.

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$248,000,000, of which $100,000,000 shall be for processing 
applications for asylum or refugee status; and of which $112,000,000 is 
for the basic pilot program, as authorized by section 402 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), to assist United States employers with maintaining 
a legal workforce: Provided, That notwithstanding any other provision 
of law, funds available to United States Citizenship and Immigration 
Services may be used to acquire, operate, equip, and dispose of up to 
five vehicles, for replacement only, for areas where the Administrator 
of General Services does not provide vehicles for lease: Provided 
further, That the Director of United States Citizenship and Immigration 
Services may authorize employees who are assigned to those areas to use 
such vehicles to travel between the employees' residences and places of 
employment: Provided further, That none of the funds made available 
under this heading may be obligated for processing applications for 
asylum or refugee status unless the Secretary of Homeland Security has 
published a final rule updating part 103 of title 8, Code of Federal 
Regulations, to discontinue the asylum/refugee surcharge: Provided 
further, That none of the funds made available under this heading for 
may be obligated for development of the ``REAL ID hub'' until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure for that 
program that describes the strategic context of the program, the 
specific goals and milestones set for the program, and the funds 
allocated for achieving each of these goals and milestones.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; the purchase of not to exceed 117 vehicles 
for police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $239,356,000, of which up to $47,751,000 shall 
remain available until September 30, 2011, for materials and support 
costs of Federal law enforcement basic training; of which $300,000 
shall remain available until expended for Federal law enforcement 
agencies participating in training accreditation, to be distributed as 
determined by the Federal Law Enforcement Training Center for the needs 
of participating agencies; and of which not to exceed $12,000 shall be 
for official reception and representation expenses: Provided, That the 
Center is authorized to obligate funds in anticipation of 
reimbursements from agencies receiving training sponsored by the 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note), as amended by Public Law 110-329 (122 Stat. 
3677), is further amended by striking ``December 31, 2011'' and 
inserting ``December 31, 2012'': Provided further, That the Federal Law 
Enforcement Training Accreditation Board, including representatives 
from the Federal law enforcement community and non-Federal 
accreditation experts involved in law enforcement training, shall lead 
the Federal law enforcement training accreditation process to continue 
the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors: Provided further, That the Director of the Federal Law 
Enforcement Training Center shall schedule basic or advanced law 
enforcement training, or both, at all four training facilities under 
the control of the Federal Law Enforcement Training Center to ensure 
that such training facilities are operated at the highest capacity 
throughout the fiscal year.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $43,456,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from Government agencies requesting the construction of 
special use facilities.

                         Science and Technology

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of 
programs and activities, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $142,200,000: Provided, 
That not to exceed $10,000 shall be for official reception and 
representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); $825,356,000, to remain 
available until expended: Provided, That of the amount provided, 
$12,000,000 shall be for construction expenses of the Pacific Northwest 
National Laboratory: Provided further, That not less than $10,000,000 
shall be available for the National Institute for Hometown Security, 
Kentucky: Provided further, That not less than $2,000,000 shall be 
available for the Naval Postgraduate School: Provided further, That not 
less than $1,000,000 shall be available to continue a homeland security 
research, development, and manufacturing pilot project: Provided 
further, That $500,000 shall be available for a demonstration project 
to develop situational awareness and decision support capabilities 
through remote sensing technologies: Provided further, That $4,000,000 
shall be available for a pilot program to develop a replicable port 
security system that would improve maritime domain awareness: Provided 
further, That none of the funds available under this heading, in this 
Act, or in any previously enacted law shall be obligated for 
construction of a National Bio- and Agro-defense Facility located on 
the United States mainland until the Secretary of Homeland Security 
receives a risk assessment prepared by a person who is not an officer 
or employee of the Department of Homeland Security of whether foot-and-
mouth disease work can be done safely on the United States mainland.

                   Domestic Nuclear Detection Office

                     management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office 
as authorized by title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.) as amended, for management and administration of 
programs and activities, $39,599,000: Provided, That not to exceed 
$3,000 shall be for official reception and representation expenses.

                 research, development, and operations

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

                      TITLE V--GENERAL PROVISIONS

                    (including rescissions of funds)

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2010, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program, project, office, or activity; (2) eliminates a 
program, project, office, or activity; (3) increases funds for any 
program, project, or activity for which funds have been denied or 
restricted by the Congress; (4) proposes to use funds directed for a 
specific activity by either of the Committees on Appropriations of the 
Senate or the House of Representatives for a different purpose; or (5) 
contracts out any function or activity for which funding levels were 
requested for Federal full-time equivalents in the object 
classification tables contained in the fiscal year 2010 Budget Appendix 
for the Department of Homeland Security, as modified by the explanatory 
statement accompanying this Act, unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2010, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees or 
proceeds available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, projects, or 
activities through a reprogramming of funds in excess of $5,000,000 or 
10 percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 10 
percent as approved by the Congress; or (3) results from any general 
savings from a reduction in personnel that would result in a change in 
existing programs, projects, or activities as approved by the Congress, 
unless the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
that imminently threaten the safety of human life or the protection of 
property.
    (e) Within 90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
listing all dollar amounts specified in this Act and accompanying 
explanatory statement that are identified in the detailed funding table 
at the end of the explanatory statement accompanying this Act or any 
other amounts specified in this Act or accompanying explanatory 
statement: Provided, That such dollar amounts specified in this Act and 
accompanying explanatory statement shall be subject to the conditions 
and requirements of subsections (a), (b), and (c) of this section.
    Sec. 504.  The Department of Homeland Security Working Capital 
Fund, established pursuant to section 403 of Public Law 103-356 (31 
U.S.C. 501 note), shall continue operations as a permanent working 
capital fund for fiscal year 2010: Provided, That none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security may be used to make payments to the Working Capital Fund, 
except for the activities and amounts allowed in the President's fiscal 
year 2010 budget: Provided further, That funds provided to the Working 
Capital Fund shall be available for obligation until expended to carry 
out the purposes of the Working Capital Fund: Provided further, That 
all departmental components shall be charged only for direct usage of 
each Working Capital Fund service: Provided further, That funds 
provided to the Working Capital Fund shall be used only for purposes 
consistent with the contributing component: Provided further, That such 
fund shall be paid in advance or reimbursed at rates which will return 
the full cost of each service: Provided further, That the Working 
Capital Fund shall be subject to the requirements of section 503 of 
this Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2010 from appropriations for salaries and expenses 
for fiscal year 2010 in this Act shall remain available through 
September 30, 2011, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2010 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2010.
    Sec. 507.  None of the funds made available by this Act may be used 
to make a grant allocation, grant award, contract award, other 
transactional agreement, or to issue a letter of intent totaling in 
excess of $1,000,000, or to announce publicly the intention to make 
such an award, including a contract covered by the Federal Acquisition 
Regulation, unless the Secretary of Homeland Security notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 3 full business days in advance of making such 
an award or issuing such a letter: Provided, That if the Secretary of 
Homeland Security determines that compliance with this section would 
pose a substantial risk to human life, health, or safety, an award may 
be made without notification and the Committees on Appropriations of 
the Senate and the House of Representatives shall be notified not later 
than 5 full business days after such an award is made or letter issued: 
Provided further, That no notification shall involve funds that are not 
available for obligation: Provided further, That the notification shall 
include the amount of the award, the fiscal year for which the funds 
for the award were appropriated, and the account from which the funds 
are being drawn: Provided further, That the Federal Emergency 
Management Agency shall brief the Committees on Appropriations of the 
Senate and the House of Representatives 5 full business days in advance 
of announcing publicly the intention of making an award under the State 
and Local Programs.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 519, 520, 522, 528, 530, and 531 of the 
Department of Homeland Security Appropriations Act, 2008 (division E of 
Public Law 110-161; 121 Stat. 2072, 2073, 2074, 2082) shall apply with 
respect to funds made available in this Act in the same manner as such 
sections applied to funds made available in that Act.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.).
    Sec. 512.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided as of June 1, 2004, by 
employees (including employees serving on a temporary or term basis) of 
United States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as immigration 
information officers, contact representatives, or investigative 
assistants.
    Sec. 513. (a) The Secretary of Homeland Security shall research, 
develop, and procure new technologies to inspect and screen air cargo 
carried on passenger aircraft by the earliest date possible.
    (b) Checked baggage explosive detection equipment and screeners 
that exist as of the date of the enactment of this Act shall be used to 
screen air cargo carried on passenger aircraft to the greatest extent 
practicable at each airport until technologies developed under 
subsection (a) are available for such purpose.
    (c) The Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall work with air carriers and airports to 
ensure that the screening of cargo carried on passenger aircraft, as 
defined in section 44901(g)(5) of title 49, United States Code, 
increases incrementally each quarter.
    (d) Not later than 45 days after the end of each quarter, the 
Assistant Secretary shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a report on air cargo 
inspection statistics by airport and air carrier detailing the 
incremental progress being made to meet the requirements of section 
44901(g)(2) of title 49, United States Code.
    (e) Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, a report 
on how the Transportation Security Administration plans to meet the 
requirement for screening all air cargo on passenger aircraft by the 
deadline under section 44901(g) of title 49, United States Code. The 
report shall identify the elements of the system to screen 100 percent 
of cargo transported between domestic airports at a level of security 
commensurate with the level of security for the screening of passenger 
checked baggage.
    Sec. 514.  Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to the Transportation 
Security Administration ``Aviation Security'', ``Administration'' and 
``Transportation Security Support'' accounts for fiscal years 2004, 
2005, 2006, and 2007 that are recovered or deobligated shall be 
available only for the procurement or installation of explosives 
detection systems for air cargo, baggage, and checkpoint screening 
systems, subject to notification: Provided, That quarterly reports 
shall be submitted to the Committees on Appropriations of the Senate 
and the House of Representatives on any funds that are recovered or 
deobligated.
    Sec. 515.  Any funds appropriated to the Coast Guard ``Acquisition, 
Construction, and Improvements'' account for fiscal years 2002, 2003, 
2004, 2005, and 2006 for the 110-123 foot patrol boat conversion that 
are recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Fast Response Cutter program.
    Sec. 516.  Within 45 days after the end of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report for that month 
that includes total obligations, on-board versus funded full-time 
equivalent staffing levels, and the number of contract employees for 
each office of the Department.
    Sec. 517.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2009'' and inserting ``2010''.
    Sec. 518.  The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 519. (a) None of the funds provided by this or any other Act 
may be obligated for the development, testing, deployment, or operation 
of any portion of a human resources management system authorized by 
Section 9701(a) of title 5, United States Code, or by regulations 
prescribed pursuant to such section, for an employee, as that term is 
defined in section 7103(a)(2) of such title.
    (b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in section 9701(e) of 
title 5, United States Code, in the planning, testing, and development 
of any portion of a human resources management system that is 
developed, tested, or deployed for persons excluded from the definition 
of employee as that term is defined in section 7103(a)(2) of such 
title.
    Sec. 520.  For fiscal year 2010, none of the funds made available 
in this or any other Act may be used to enforce section 4025(1) of 
Public Law 108-458 unless the Assistant Secretary of Homeland Security 
(Transportation Security Administration) reverses the determination of 
July 19, 2007, that butane lighters are not a significant threat to 
civil aviation security.
    Sec. 521.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of the 
enactment of this Act.
    Sec. 522. (a) Except as provided in subsection (b), none of the 
funds appropriated in this or any other Act to the Office of the 
Secretary and Executive Management, the Office of the Under Secretary 
for Management, or the Office of the Chief Financial Officer, may be 
obligated for a grant or contract funded under such headings by any 
means other than full and open competition.
    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
            (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a mandated 
        preferential program, including the AbilityOne Program, that is 
        authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
        seq.);
            (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
        seq.);
            (3) in an amount less than the simplified acquisition 
        threshold described under section 302A(a) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        252a(a)); or
            (4) by another Federal agency using funds provided through 
        an interagency agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland Security 
may waive the application of this section for the award of a contract 
in the interest of national security or if failure to do so would pose 
a substantial risk to human health or welfare.
            (2) Not later than 5 days after the date on which the 
        Secretary of Homeland Security issues a waiver under this 
        subsection, the Secretary shall submit notification of that 
        waiver to the Committees on Appropriations of the Senate and 
        the House of Representatives, including a description of the 
        applicable contract and an explanation of why the waiver 
        authority was used. The Secretary may not delegate the 
        authority to grant such a waiver.
    (d) In addition to the requirements established by subsections (a), 
(b), and (c) of this section, the Inspector General of the Department 
of Homeland Security shall review departmental contracts awarded 
through means other than a full and open competition to assess 
departmental compliance with applicable laws and regulations: Provided, 
That the Inspector General shall review selected contracts awarded in 
the previous fiscal year through other than full and open competition: 
Provided further, That in selecting which contracts to review, the 
Inspector General shall consider the cost and complexity of the goods 
and services to be provided under the contract, the criticality of the 
contract to fulfilling Department missions, past performance problems 
on similar contracts or by the selected vendor, complaints received 
about the award process or contractor performance, and such other 
factors as the Inspector General deems relevant: Provided further, That 
the Inspector General shall report the results of the reviews to the 
Committees on Appropriations of the Senate and the House of 
Representatives.
    Sec. 523.  None of the funds provided by this or previous 
appropriations Acts shall be used to fund any position designated as a 
Principal Federal Official for any Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared 
disasters or emergencies.
    Sec. 524.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 525.  None of the funds made available in this Act may be used 
to destroy or put out to pasture any horse or other equine belonging to 
the Federal Government that has become unfit for service, unless the 
trainer or handler is first given the option to take possession of the 
equine through an adoption program that has safeguards against 
slaughter and inhumane treatment.
    Sec. 526.  None of the funds provided in this Act shall be 
available to carry out section 872 of the Homeland Security Act of 2002 
(6 U.S.C. 452).
    Sec. 527.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 528.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 529.  None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the basic pilot program under section 401 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note).
    Sec. 530.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
381(g)) from importing a prescription drug from Canada that complies 
with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.): 
Provided, That this section shall apply only to individuals 
transporting on their person a personal-use quantity of the 
prescription drug, not to exceed a 90-day supply: Provided further, 
That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 531.  None of the funds made available in this Act may be used 
by the Secretary of Homeland Security or any delegate of the Secretary 
to issue any rule or regulation which implements the Notice of Proposed 
Rulemaking related to Petitions for Aliens To Perform Temporary 
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed. 
Reg. 3984 (January 27, 2005).
    Sec. 532.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2009'' and inserting ``Until September 30, 2010,''; and
            (2) in subsection (d)(1), by striking ``September 30, 
        2009,'' and inserting ``September 30, 2010,''.
    Sec. 533.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 534. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date that 
the President determines whether to declare a major disaster because of 
an event and any appeal is completed, the Administrator shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, the Committee on Transportation and Infrastructure of 
the House of Representatives, the Committees on Appropriations of the 
Senate and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment information used to 
determine whether to declare a major disaster.
    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 535.  Notwithstanding any other provision of law, in the 
fiscal year 2010 or a subsequent fiscal year, if the Secretary of 
Homeland Security determine that the National Bio- and Agro-defense 
Facility should be located at a site other than Plum Island, New York, 
the Secretary shall liquidate the Plum Island asset by directing the 
Administrator of General Services to sell, through public sale, all 
real and related personal property and transportation assets that 
support Plum Island operations, subject to such terms and conditions as 
the Secretary determines are necessary to protect government interests 
and meet program requirements: Provided, That the proceeds of such sale 
shall be deposited as offsetting collections into the Department of 
Homeland Security Science and Technology ``Research, Development, 
Acquisition, and Operations'' account and, subject to appropriation, 
shall be available until expended, for site acquisition, construction, 
and costs related to the construction of the National Bio- and Agro-
defense Facility, including the costs associated with the sale, 
including due diligence requirements, necessary environmental 
remediation at Plum Island, and reimbursement of expenses incurred by 
the General Services Administration: Provided further, That after the 
completion of construction and environmental remediation, the 
unexpended balances of funds appropriated for costs referred to in the 
preceding proviso shall be available for transfer to the appropriate 
account for design and construction of a consolidated Department of 
Homeland Security Headquarters project, excluding daily operations and 
maintenance costs, notwithstanding section 503 of this Act, and the 
Committees on Appropriations of the Senate and the House of 
Representatives shall be notified 15 days prior to such transfer.
    Sec. 536.  Any official who is required by this Act to report or 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives may not delegate such authority to perform that act 
unless specifically authorized herein.
    Sec. 537.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under subsection (g)(4)(B) of 
title 31, Unites States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security: Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives approve 
the proposed transfers.
    Sec. 538.  If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an airport 
does not need to participate in the basic pilot program under section 
402 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note), the Assistant Secretary shall certify to 
the Committees on Appropriations of the Senate and the House of 
Representatives that no security risks will result from such non-
participation.
    Sec. 539.  From the unobligated balances of prior year 
appropriations made available for ``Analysis and Operations'', 
$2,203,000 is rescinded.
    Sec. 540.  The explanatory statement referenced in section 4 of 
Public Law 110-161 for ``National Predisaster Mitigation Fund'' under 
Federal Emergency Management Agency is deemed to be amended--
            (1) by striking ``Dalton Fire District'' and all that 
        follows through ``750,000'' and inserting the following:


``Franklin Regional Council of Governments, MA.............      250,000
Town of Lanesborough, MA...................................      175,000
University of Massachusetts, MA............................   175,000'';
 

            (2) by striking ``Santee and'';
            (3) by striking ``3,000,000'' and inserting ``1,500,000'';
            (4) by inserting after the item relating to Adjutant 
        General's Office of Emergency Preparedness the following:


``Town of Branchville, SC..................................  1,500,000''
                                                                       ;
 

    and
            (5) by striking ``Public Works Department of the City of 
        Santa Cruz, CA'' and inserting ``Monterey County Water 
        Resources Agency, CA''.
    Sec. 541.  Section 203(m) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking 
``September 30, 2009'' and inserting ``September 30, 2010''.
    Sec. 542.  From the unobligated balances of prior year 
appropriations made available for the ``Infrastructure Protection and 
Information Security'' account, $5,963,000 is rescinded.
    Sec. 543.  From unobligated amounts that are available to the Coast 
Guard for fiscal year 2008 or 2009 for acquisition, construction, and 
improvements for shoreside facilities and aids to navigation at Coast 
Guard Sector Buffalo, the Secretary of Homeland Security shall use such 
sums as may be necessary to make improvements to the land along the 
northern portion of Sector Buffalo to enhance public access to the 
Buffalo Lighthouse and the waterfront.
    Sec. 544.  For fiscal year 2010 and hereinafter, the Secretary may 
provide to personnel appointed or assigned to serve abroad, allowances 
and benefits similar to those provided under chapter 9 of title I of 
the Foreign Service Act of 1990 (22 U.S.C. 4081 et seq.).
    Sec. 545. (a) Extension of Programs.--Section 143 of Division A of 
the Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 et seq.), 
as amended by section 101 of division J of the Omnibus Appropriations 
Act, 2009 (Public Law 111-8), is amended by striking ``September 30, 
2009'' and inserting ``September 30, 2011''.
    (b) Protection of Social Security Administration Programs.--
            (1) Funding under agreement.--Effective for fiscal years 
        beginning on or after October 1, 2009, the Commissioner of 
        Social Security and the Secretary of Homeland Security shall 
        enter into and maintain an agreement which shall--
                    (A) provide funds to the Commissioner for the full 
                costs of the responsibilities of the Commissioner under 
                section 404 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note), including--
                            (i) acquiring, installing, and maintaining 
                        technological equipment and systems necessary 
                        for the fulfillment of the responsibilities of 
                        the Commissioner under such section 404, but 
                        only that portion of such costs that are 
                        attributable exclusively to such 
                        responsibilities; and
                            (ii) responding to individuals who contest 
                        a tentative nonconfirmation provided by the 
                        basic pilot confirmation system established 
                        under such section;
                    (B) subject to the availability of appropriations 
                for such purpose, provide such funds quarterly in 
                advance of the applicable quarter based on estimating 
                methodology agreed to by the Commissioner and the 
                Secretary (except in such instances where the delayed 
                enactment of an annual appropriation may preclude such 
                quarterly payments); and
                    (C) require an annual accounting and reconciliation 
                of the actual costs incurred and the funds provided 
                under the agreement, which shall be jointly reviewed by 
                the Office of the Inspector General of the Social 
                Security Administration and the Office of Inspector 
                General of the Department of Homeland Security.
            (2) Continuation of employment verification in absence of 
        timely agreement.--In any case in which the agreement required 
        under paragraph (1) for any fiscal year beginning on or after 
        October 1, 2009, has not been reached as of October 1 of such 
        fiscal year, the most recent agreement between the Commissioner 
        and the Secretary of Homeland Security providing for funding to 
        cover the costs of the responsibilities of the Commissioner 
        under section 404 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
        shall be deemed in effect on an interim basis for such fiscal 
        year until such time as an agreement required under paragraph 
        (1) is subsequently reached, except that the terms of such 
        interim agreement shall be modified by the Director of the 
        Office of Management and Budget to adjust for inflation and any 
        increase or decrease in the volume of requests under the basic 
        pilot confirmation system. In any case in which an interim 
        agreement applies for any fiscal year under this paragraph, the 
        Commissioner and the Secretary shall, not later than October 1 
        of such fiscal year, notify the Committee on Ways and Means of 
        the House of Representatives, the Committees on the Judiciary 
        of the Senate and the House of Representatives, the Committees 
        on Appropriations of the Senate and the House of 
        Representatives, and the Committee on Finance of the Senate of 
        the failure to reach the agreement required under paragraph (1) 
        for such fiscal year. Until such time as the agreement required 
        under paragraph (1) has been reached for such fiscal year, the 
        Commissioner and the Secretary shall, not later than the end of 
        each 90-day period after October 1 of such fiscal year, notify 
        such Committees of the status of negotiations between the 
        Commissioner and the Secretary in order to reach such an 
        agreement.
    (c) GAO Study of Basic Pilot Confirmation System.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Comptroller General shall 
        conduct a study regarding erroneous tentative nonconfirmations 
        under the basic pilot confirmation system established under 
        section 404(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1324a note).
            (2) Matters to be studied.--In the study required under 
        paragraph (1), the Comptroller General shall determine and 
        analyze--
                    (A) the causes of erroneous tentative 
                nonconfirmations under the basic pilot confirmation 
                system;
                    (B) the processes by which such erroneous tentative 
                nonconfirmations are remedied; and
                    (C) the effect of such erroneous tentative 
                nonconfirmations on individuals, employers, and Federal 
                agencies.
            (3) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Comptroller General shall submit the 
        results of the study required under paragraph (1) to the 
        Committee on Ways and Means of the House of Representatives, 
        the Committees on the Judiciary of the Senate and the House of 
        Representatives, the Committee on Finance of the Senate, and 
        the Committees on Appropriations of the Senate and the House of 
        Representatives.
    (d) GAO Study of Effects of Basic Pilot Program on Small 
Entities.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Comptroller General shall submit 
        to the Committees on the Judiciary of the Senate and the House 
        of Representatives and the Committees on Appropriations of the 
        Senate and the House of Representatives a report containing the 
        Comptroller General's analysis of the effects of the basic 
        pilot program described in section 404(a) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1324a note) on small entities (as defined in section 601 
        of title 5, United States Code). The report shall detail--
                    (A) the costs of compliance with such program on 
                small entities;
                    (B) a description and an estimate of the number of 
                small entities enrolled and participating in such 
                program or an explanation of why no such estimate is 
                available;
                    (C) the projected reporting, recordkeeping, and 
                other compliance requirements of such program on small 
                entities;
                    (D) factors that impact small entities' enrollment 
                and participation in such program, including access to 
                appropriate technology, geography, entity size, and 
                class of entity; and
                    (E) the steps, if any, the Secretary of Homeland 
                Security has taken to minimize the economic impact of 
                participating in such program on small entities.
            (2) Direct and indirect effects.--The report shall cover, 
        and treat separately, direct effects (such as wages, time, and 
        fees spent on compliance) and indirect effects (such as the 
        effect on cash flow, sales, and competitiveness).
            (3) Specific contents.--The report shall provide specific 
        and separate details with respect to--
                    (A) small businesses (as defined in section 601 of 
                title 5, United States Code) with fewer than 50 
                employees; and
                    (B) small entities operating in States that have 
                mandated use of the basic pilot program.
    Sec. 546. (a) In General.--Strike subparagraphs (A) through (C) 
that appear within section 426(b) of division J of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447) and insert the following:
                    ```(A) Secretaray of state.--One-third of the 
                amounts deposited into the Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of State until expended for programs and 
                activities--
                            ```(i) to increase the number of consular 
                        and diplomatic security personnel assigned 
                        primarily to the function of preventing and 
                        detecting fraud by applicants for visas 
                        described in subparagraph (H)(i), (H)(ii), or 
                        (L) of section 101(a)(15);
                            ```(ii) otherwise to prevent and detect 
                        visa fraud, including fraud by applicants for 
                        visas described in subparagraph (H)(i), 
                        (H)(ii), or (L) of section 101(a)(15), as well 
                        as the purchase, lease, construction, and 
                        staffing of facilities for the processing of 
                        these classes of visa, in consultation with the 
                        Secretary of Homeland Security as appropriate; 
                        and
                            ```(iii) upon request by the Secretary of 
                        Homeland Security, to assist such Secretary in 
                        carrying out the fraud prevention and detection 
                        programs and activities described in 
                        subparagraph (B).
                    ```(B) Secretary of homeland security.--One-third 
                of the amounts deposited into the Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of Homeland Security until expended for 
                programs and activities to prevent and detect 
                immigration benefit fraud, including fraud with respect 
                to petitions filed under paragraph (1) or (2)(A) of 
                section 214(c) to grant an alien nonimmigrant status 
                described in subparagraph (H) or (L) of section 
                101(a)(15).
                    ```(C) Secretary of labor.--One-third of the 
                amounts deposited into the Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of Labor until expended for wage and hour 
                enforcement programs and activities otherwise 
                authorized to be conducted by the Secretary of Labor 
                that focus on industries likely to employ 
                nonimmigrants, including enforcement programs and 
                activities described in section 212(n) and enforcement 
                programs and activities related to section 
                214(c)(14)(A)(i).'''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

                     clarification of fee authority

    Sec. 547.  (a) In General.--In addition to collection of 
registration fees described in section 244(c)(1)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting 
services, biometric services, and other necessary services may be 
collected when administering the program described in section 244 of 
such Act.
    (b) Construction.--Subsection (a) shall be construed to apply for 
fiscal year 1998 and each fiscal year thereafter.
    Sec. 548.  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is 
amended by striking ``three years after the date of enactment of this 
Act'' and inserting ``October 4, 2010''.
    Sec. 549.  For Fiscal Year 2010 and thereafter, the Secretary of 
Homeland Security may collect fees from any non-Federal participant in 
a conference, seminar, exhibition, symposium, or similar meeting 
conducted by the Department of Homeland Security in advance of the 
conference, either directly or by entering into a contract, and those 
fees shall be credited to the appropriation or account from which the 
costs of the conference, seminar, exhibition, symposium, or similar 
meeting are paid and shall be available to pay the costs of the 
Department of Homeland Security with respect to the conference or to 
reimburse the Department for costs incurred with respect to the 
conference. In the event the total amount of fees collected with 
respect to a conference exceeds the actual costs of the Department of 
Homeland Security with respect to the conference, the amount of such 
excess shall be deposited into the Treasury as miscellaneous receipts.
    Sec. 550.  From unobligated balances for fiscal year 2009 made 
available for the Federal Emergency Management Agency ``Trucking 
Industry Security Grants'' account, $5,572,000 is rescinded.
    Sec. 551.  None of the funds made avilable in this Act may be 
obligated for full-scale procurement of Advanced Spectroscopic Portal 
monitors until the Secretary of Homeland Security submits to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report certifying that a significant increase in 
operational effectiveness will be achieved: Provided, That the 
Secretary shall submit separate and distinct certifications prior to 
the procurement of Advaced Spectroscopic Portal monitors for primary 
and secondary deployment that address the unique requirements for 
operational effectiveness of each type of deployment: Provided further, 
That the Secretary shall consult with the National Academy of Sciences 
before making such certifications: Provided further, That none of the 
funds provided in this Act may be obligated for high-risk concurrent 
development and production of mutually dependent software and hardware.
    Sec. 552. (a) As part of a plan regarding the proposed disposition 
of any individual who is detained, as of April 30, 2009, at Naval 
Station, Guantanamo Bay, Cuba, the Secretary of Homeland Security shall 
conduct a threat assessment for each such individual who is proposed to 
be transferred to the continental United States, Alaska, Hawaii, the 
District of Columbia, or the United States Territories that--
    (1) determines the risk that the individual might instigate an act 
of terrorism within the continental United States, Alaska, Hawaii, the 
District of Columbia, or the United States Territories if the 
individual were so transferred; and
    (2) determines the risk that the individual might advocate, coerce, 
or incite violent extremism, ideologically motivated criminal activity, 
or acts of terrorism, among inmate populations at incarceration 
facilities within the continental United States, Alaska, Hawaii, the 
District of Columbia, or the United States Territories if the 
individual were transferred to such a facility.
    (b) Section 44903(j)(2)(C) of title 49, United States Code, is 
amended by adding at the end the following new clause:
            ``(v) Inclusion of detainees on no fly list.--The Assistant 
        Secretary, in coordination with the Terrorist Screening Center, 
        shall include on the No Fly List any individual who was a 
        detainee held at the Naval Station, Guantanamo Bay, Cuba, 
        unless the President certifies in writing to Congress that the 
        detainee poses no threat to the United States, its citizens, or 
        its allies. For purposes of this clause, the term `detainee' 
        means an individual in the custody or under the physical 
        control of the United States as a result of armed conflict.''.
    (c) None of the funds made available in this Act may be used to 
provide any immigration benefit (including a visa, admission into the 
United States, parole into the United States, or classification as a 
refugee or applicant for asylum) to any individual who is detained, as 
of April 20, 2009, at Naval Station, Guantanamo Bay, Cuba.
    (d) Nothing in subsections (b) and (c) shall be construed to 
prohibit a detainee held at Guantanamo Bay from being brought to the 
United States for prosecution.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2010''.
                                                  Union Calendar No. 78

111th CONGRESS

  1st Session

                               H. R. 2892

                          [Report No. 111-157]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2010, and for other purposes.

_______________________________________________________________________

                             June 16, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed