[Congressional Record Volume 155, Number 103 (Friday, July 10, 2009)]
[Senate]
[Pages S7361-S7372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010

  On Thursday, July 9, the Senate passed H.R. 2892, as amended, as 
follows:

                               H.R. 2892

       Resolved, That the bill from the House of Representatives 
     (H.R. 2892) entitled ``An Act making appropriations for the 
     Department of Homeland Security for the fiscal year ending 
     September 30, 2010, and for other purposes.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2010, and for other purposes, namely:

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       For necessary expenses of the Office of the Secretary of 
     Homeland Security, as authorized by section 102 of the 
     Homeland Security Act of 2002 (6 U.S.C. 112), and executive 
     management of the Department of Homeland Security, as 
     authorized by law, $149,268,000: Provided, That not to exceed 
     $60,000 shall be for official reception and representation 
     expenses, of which $20,000 shall be made available to the 
     Office of Policy solely to host Visa Waiver Program 
     negotiations in Washington, DC: Provided further, That 
     $20,000,000 shall not be available for obligation for the 
     Office of Policy until the Secretary submits an expenditure 
     plan for the Office of Policy for fiscal year 2010.

              Office of the Under Secretary for Management

       For necessary expenses of the Office of the Under Secretary 
     for Management, as authorized by sections 701 through 705 of 
     the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
     $307,690,000, of which not to exceed $3,000 shall be for 
     official reception and representation expenses: Provided, 
     That of the total amount, $5,000,000 shall remain available 
     until expended solely for the alteration and improvement of 
     facilities, tenant improvements, and relocation costs to 
     consolidate Department headquarters operations at the 
     Nebraska Avenue Complex; and $17,131,000 shall remain 
     available until expended for the Human Resources Information 
     Technology program.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, as authorized by section 103 of the Homeland 
     Security Act of 2002 (6 U.S.C. 113), $63,530,000, of which 
     $11,000,000 shall remain available until expended for 
     financial systems consolidation efforts: Provided, That of 
     the total amount made available under this heading, 
     $5,000,000 shall not be obligated until the Chief Financial 
     Officer or an individual acting in such capacity submits a 
     financial management improvement plan that addresses the 
     recommendations outlined in the Department of Homeland 
     Security Office of Inspector General report # OIG-09-72, 
     including yearly measurable milestones, to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives: Provided further, That the plan described in 
     the preceding proviso shall be submitted not later than 
     January 4, 2010.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, as authorized by section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
     wide technology investments, $338,393,000; of which 
     $86,912,000 shall be available for salaries and expenses; and 
     of which $251,481,000, to remain available until expended, 
     shall be available for development and acquisition of 
     information technology equipment, software, services, and 
     related activities for the Department of Homeland Security: 
     Provided, That of the total amount appropriated, not less 
     than $82,788,000 shall be available for data center 
     development, of which not less than $38,540,145 shall be 
     available for power capabilities upgrades at Data Center One 
     (National Center for Critical Information Processing and 
     Storage): Provided further, That the Chief Information 
     Officer shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives, not more than 60 
     days after the date of enactment of this Act, an expenditure 
     plan for all information technology acquisition projects 
     that: (1) are funded under this heading; or (2) are funded by 
     multiple components of the Department of Homeland Security 
     through reimbursable agreements: Provided further, That key 
     milestones, all funding sources for each project, details of 
     annual and lifecycle costs, and projected cost savings or 
     cost avoidance to be achieved by the project.

                        Analysis and Operations

       For necessary expenses for intelligence analysis and 
     operations coordination activities, as authorized by title II 
     of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $347,845,000, of which not to exceed $5,000 shall be for 
     official reception and representation expenses; and of which 
     $208,145,000 shall remain available until September 30, 2011.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

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

                    Office of the Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $115,874,000, of which not to exceed 
     $150,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, agricultural 
     inspections and regulatory activities related to plant and 
     animal imports, and transportation of unaccompanied minor 
     aliens; purchase and lease of up to 4,500 (4,000 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $8,075,649,000, of 
     which $3,226,000 shall be derived from the Harbor Maintenance 
     Trust Fund for administrative expenses related to the 
     collection of the Harbor Maintenance Fee pursuant to section 
     9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
     not to exceed $45,000 shall be for official reception and 
     representation expenses; of which not less than $309,629,000 
     shall be for Air and Marine Operations; of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 
     shall be derived from that account; of which not to exceed 
     $150,000 shall be available for payment for rental space in 
     connection with preclearance operations; and of which not to 
     exceed $1,000,000 shall be for awards of compensation to 
     informants, to be accounted for solely under the certificate 
     of the Secretary of Homeland Security: Provided, That for 
     fiscal year 2010, the overtime limitation prescribed in 
     section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
     267(c)(1)) shall be $35,000; and notwithstanding any other 
     provision of law, none of the funds appropriated by this Act 
     may be available to compensate any employee of U.S. Customs 
     and Border Protection for overtime, from whatever source, in 
     an amount that exceeds such limitation, except in individual 
     cases determined by the Secretary of Homeland Security, or 
     the designee of the Secretary, to be necessary for national 
     security purposes, to prevent excessive costs, or in cases of 
     immigration emergencies: Provided further, That of the total 
     amount provided, $1,700,000 shall remain available until

[[Page S7362]]

     September 30, 2011, for the Global Advanced Passenger 
     Information/Passenger Name Record Program.

                        automation modernization

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

        border security fencing, infrastructure, and technology

       For expenses for border security fencing, infrastructure, 
     and technology, $800,000,000, to remain available until 
     expended: Provided, That of the amount provided under this 
     heading, $50,000,000 shall not be obligated until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive a plan for expenditure, prepared by 
     the Secretary of Homeland Security and submitted not later 
     than 90 days after the date of the enactment of this Act, for 
     a program to establish and maintain a security barrier along 
     the borders of the United States of fencing and vehicle 
     barriers, where practicable, and other forms of tactical 
     infrastructure and technology.

 air and marine interdiction, operations, maintenance, and procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aerial 
     systems, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, the operations of which include the following: the 
     interdiction of narcotics and other goods; the provision of 
     support to Federal, State, and local agencies in the 
     enforcement or administration of laws enforced by the 
     Department of Homeland Security; and at the discretion of the 
     Secretary of Homeland Security, the provision of assistance 
     to Federal, State, and local agencies in other law 
     enforcement and emergency humanitarian efforts, $515,826,000, 
     to remain available until expended: Provided, That no 
     aircraft or other related equipment, with the exception of 
     aircraft that are one of a kind and have been identified as 
     excess to U.S. Customs and Border Protection requirements and 
     aircraft that have been damaged beyond repair, shall be 
     transferred to any other Federal agency, department, or 
     office outside of the Department of Homeland Security during 
     fiscal year 2010 without the prior approval of the Committees 
     on Appropriations of the Senate and the House of 
     Representatives.

                 construction and facilities management

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $316,070,000, to remain available 
     until expended, of which $39,700,000 shall be for the 
     Advanced Training Center: Provided, That for fiscal year 2011 
     and thereafter, the annual budget submission of U.S. Customs 
     and Border Protection for ``Construction and Facilities 
     Management'' shall, in consultation with the General Services 
     Administration, include a detailed 5-year plan for all 
     Federal land border port of entry projects with a yearly 
     update of total projected future funding needs.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 3,790 (2,350 for replacement 
     only) police-type vehicles; $5,360,100,000, of which not to 
     exceed $7,500,000 shall be available until expended for 
     conducting special operations under section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Secretary 
     of Homeland Security; of which not less than $305,000 shall 
     be for promotion of public awareness of the child pornography 
     tipline and anti-child exploitation activities; of which not 
     less than $5,400,000 shall be used to facilitate agreements 
     consistent with section 287(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(g)); and of which not to 
     exceed $11,216,000 shall be available to fund or reimburse 
     other Federal agencies for the costs associated with the 
     care, maintenance, and repatriation of smuggled aliens 
     unlawfully present in the United States: Provided, That none 
     of the funds made available under this heading shall be 
     available to compensate any employee for overtime in an 
     annual amount in excess of $35,000, except that the 
     Secretary, or the designee of the Secretary, may waive that 
     amount as necessary for national security purposes and in 
     cases of immigration emergencies: Provided further, That of 
     the total amount provided, $15,770,000 shall be for 
     activities in fiscal year 2010 to enforce laws against forced 
     child labor, of which not to exceed $6,000,000 shall remain 
     available until expended: Provided further, That of the total 
     amount available, not less than $1,000,000,000 shall be 
     available to identify aliens convicted of a crime, and who 
     may be deportable, and to remove them from the United States 
     once they are judged deportable: Provided further, That the 
     Secretary, or the designee of the Secretary, shall report to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives, at least quarterly, on progress 
     implementing the preceding proviso, and the funds obligated 
     during that quarter to make that progress: Provided further, 
     That funding made available under this heading shall maintain 
     a level of not less than 33,400 detention beds through 
     September 30, 2010: Provided further, That of the total 
     amount provided, not less than $2,539,180,000 is for 
     detention and removal operations, including transportation of 
     unaccompanied minor aliens: Provided further, That of the 
     total amount provided, $6,800,000 shall remain available 
     until September 30, 2011, for the Visa Security Program:  
     Provided further, That nothing under this heading shall 
     prevent U.S. Immigration and Customs Enforcement from 
     exercising those authorities provided under immigration laws 
     (as defined in section 101(a)(17) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(17))) during priority 
     operations pertaining to aliens convicted of a crime.

                        automation modernization

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

                 Transportation Security Administration

                           aviation security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $5,237,828,000, to remain available until September 30, 2011, 
     of which not to exceed $10,000 shall be for official 
     reception and representation expenses: Provided, That of the 
     total amount made available under this heading, not to exceed 
     $4,395,195,000 shall be for screening operations, of which 
     $1,154,775,000 shall be available for explosives detection 
     systems; and not to exceed $842,633,000 shall be for aviation 
     security direction and enforcement: Provided further, That of 
     the amount made available in the preceding proviso for 
     explosives detection systems, $806,669,000 shall be available 
     for the purchase and installation of these systems, of which 
     not less than 28 percent shall be available for the purchase 
     and installation of certified explosives detection systems at 
     medium- and small-sized airports: Provided further, That any 
     award to deploy explosives detection systems shall be based 
     on risk, the airports current reliance on other screening 
     solutions, lobby congestion resulting in increased security 
     concerns, high injury rates, airport readiness, and increased 
     cost effectiveness: Provided further, That security service 
     fees authorized under section 44940 of title 49, United 
     States Code, shall be credited to this appropriation as 
     offsetting collections and shall be available only for 
     aviation security: Provided further, That any funds collected 
     and made available from aviation security fees pursuant to 
     section 44940(i) of title 49, United States Code, may, 
     notwithstanding paragraph (4) of such section 44940(i), be 
     expended for the purpose of improving screening at airport 
     screening checkpoints, which may include the purchase and 
     utilization of emerging technology equipment; the 
     refurbishment and replacement of current equipment; the 
     installation of surveillance systems to monitor checkpoint 
     activities; the modification of checkpoint infrastructure to 
     support checkpoint reconfigurations; and the creation of 
     additional checkpoints to screen aviation passengers and 
     airport personnel: Provided further, That the sum 
     appropriated under this heading from the general fund shall 
     be reduced on a dollar-for-dollar basis as such offsetting 
     collections are received during fiscal year 2010, so as to 
     result in a final fiscal year appropriation from the general 
     fund estimated at not more than $3,137,828,000: Provided 
     further, That any security service fees collected in excess 
     of the amount made available under this heading shall become 
     available during fiscal year 2011: Provided further, That 
     Members of the United States House of Representatives and 
     United States Senate, including the leadership; the heads of 
     Federal agencies and commissions, including the Secretary, 
     Deputy Secretary, Under Secretaries, and Assistant 
     Secretaries of the Department of Homeland Security; the 
     United States Attorney General and Assistant Attorneys 
     General and the United States attorneys; and senior members 
     of the Executive Office of the President, including the 
     Director of the Office of Management and Budget; shall not be 
     exempt from Federal passenger and baggage screening.

                    surface transportation security

       For necessary expenses of the Transportation Security 
     Administration related to providing surface transportation 
     security activities, $142,616,000, to remain available until 
     September 30, 2011.

           transportation threat assessment and credentialing

       For necessary expenses for the development and 
     implementation of screening programs of the Office of 
     Transportation Threat Assessment and Credentialing, 
     $171,999,000, to remain available until September 30, 2011.

                    transportation security support

       For necessary expenses of the Transportation Security 
     Administration related to providing transportation security 
     support and intelligence pursuant to the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597; 49 U.S.C. 40101 note), $999,580,000, to remain available 
     until September 30, 2011: Provided, That of the funds 
     appropriated under this heading, $20,000,000 may not be 
     obligated for headquarters administration until the Secretary 
     of Homeland Security submits to the Committees on

[[Page S7363]]

     Appropriations of the Senate and the House of Representatives 
     detailed expenditure plans for air cargo security, and for 
     checkpoint support and explosives detection systems 
     refurbishment, procurement, and installations on an airport-
     by-airport basis for fiscal year 2010: Provided further, That 
     these plans shall be submitted no later than 60 days after 
     the date of enactment of this Act.

                          federal air marshals

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

                              Coast Guard

                           operating expenses

       For necessary expenses for the operation and maintenance of 
     the Coast Guard, not otherwise provided for; purchase or 
     lease of not to exceed 25 passenger motor vehicles, which 
     shall be for replacement only; for purchase or lease of small 
     boats for contingent and emergent requirements (at a unit 
     cost of no more than $700,000) and for repairs and service-
     life replacements, not to exceed a total of $26,000,000; 
     minor shore construction projects not exceeding $1,000,000 in 
     total cost at any location; payments pursuant to section 156 
     of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and 
     recreation and welfare; $6,838,291,000, of which $581,503,000 
     shall be for defense-related activities, $241,503,000 of 
     which are designated as being for overseas deployments and 
     other activities pursuant to sections 401(c)(4) and 423(a)(1) 
     of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010; of which 
     $24,500,000 shall be derived from the Oil Spill Liability 
     Trust Fund to carry out the purposes of section 1012(a)(5) of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of 
     which not to exceed $20,000 shall be for official reception 
     and representation expenses; and of which $3,600,000 shall be 
     available until expended for the cost of repairing, 
     rehabilitating, altering, modifying, and making improvements, 
     including customized tenant improvements, to any replacement 
     or expanded Operations Systems Center facility: Provided, 
     That none of the funds made available by this or any other 
     Act shall be available for administrative expenses in 
     connection with shipping commissioners in the United States: 
     Provided further, That none of the funds made available by 
     this Act shall be for expenses incurred for recreational 
     vessels under section 12114 of title 46, United States Code, 
     except to the extent fees are collected from yacht owners and 
     credited to this appropriation: Provided further, That the 
     Coast Guard shall comply with the requirements of section 527 
     of Public Law 108-136 with respect to the Coast Guard 
     Academy: Provided further, That of the funds provided under 
     this heading, $30,000,000 is withheld from obligation from 
     Headquarters Directorates until the second quarter 
     acquisition report required by Public Law 108-7 and the 
     fiscal year 2008 joint explanatory statement accompanying 
     Public Law 110-161 is received by the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.

                environmental compliance and restoration

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

                            reserve training

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

              acquisition, construction, and improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law; 
     $1,597,580,000, of which $20,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $123,000,000 shall be available 
     until September 30, 2014, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $147,500,000 shall be available until September 30, 2012, for 
     other equipment; of which $27,100,000 shall be available 
     until September 30, 2012, for shore facilities and aids to 
     navigation facilities, including not less than $300,000 for 
     the Coast Guard Academy Pier and not less than $16,800,000 
     for Coast Guard Station Cleveland Harbor; of which 
     $105,200,000 shall be available for personnel compensation 
     and benefits and related costs; and of which $1,194,780,000 
     shall be available until September 30, 2014, for the 
     Integrated Deepwater Systems program: Provided, That of the 
     funds made available for the Integrated Deepwater Systems 
     program, $305,500,000 is for aircraft and $734,680,000 is for 
     surface ships: Provided further, That the Secretary of 
     Homeland Security shall submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, in conjunction with the President's fiscal 
     year 2011 budget, a review of the Revised Deepwater 
     Implementation Plan that identifies any changes to the plan 
     for the fiscal year; an annual performance comparison of 
     Integrated Deepwater Systems program assets to pre-Deepwater 
     legacy assets; a status report of legacy assets; a detailed 
     explanation of how the costs of legacy assets are being 
     accounted for within the Integrated Deepwater Systems 
     program; and the earned value management system gold card 
     data for each Integrated Deepwater Systems program asset: 
     Provided further, That the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a comprehensive review of the Revised 
     Deepwater Implementation Plan every 5 years, beginning in 
     fiscal year 2011, that includes a complete projection of the 
     acquisition costs and schedule for the duration of the plan 
     through fiscal year 2027: Provided further, That the 
     Secretary shall annually submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted under section 1105(a) of title 31, United States 
     Code, a future-years capital investment plan for the Coast 
     Guard that identifies for each capital budget line item--
       (1) the proposed appropriation included in that budget;
       (2) the total estimated cost of completion;
       (3) projected funding levels for each fiscal year for the 
     next 5 fiscal years or until project completion, whichever is 
     earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) changes, if any, in the total estimated cost of 
     completion or estimated completion date from previous future-
     years capital investment plans submitted to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives:

     Provided further, That the Secretary shall ensure that 
     amounts specified in the future-years capital investment plan 
     are consistent to the maximum extent practicable with 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the Coast Guard in the 
     President's budget as submitted under section 1105(a) of 
     title 31, United States Code, for that fiscal year: Provided 
     further, That any inconsistencies between the capital 
     investment plan and proposed appropriations shall be 
     identified and justified: Provided further, That subsections 
     (a) and (b) of section 6402 of the U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) shall apply to 
     fiscal year 2010.

                         alteration of bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, as authorized by section 6 of the 
     Truman-Hobbs Act (33 U.S.C. 516), $4,000,000, to remain 
     available until expended: Provided, That of the amounts made 
     available under this heading, $4,000,000 shall be for the 
     Fort Madison Bridge in Fort Madison, Iowa.

              research, development, test, and evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation; and for maintenance, 
     rehabilitation, lease, and operation of facilities and 
     equipment; as authorized by law; $29,745,000, to remain 
     available until expended, of which $500,000 shall be derived 
     from the Oil Spill Liability Trust Fund to carry out the 
     purposes of section 1012(a)(5) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 
     credited to and used for the purposes of this appropriation 
     funds received from State and local governments, other public 
     authorities, private sources, and foreign countries for 
     expenses incurred for research, development, testing, and 
     evaluation.

                              retired pay

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

                      United States Secret Service

                         salaries and expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 652 vehicles for police-
     type use, of which 652 shall be for replacement only, and 
     hire of passenger motor vehicles; purchase of motorcycles 
     made in the United States; hire of aircraft; services of 
     expert witnesses at such rates as may be determined by the 
     Director of the Secret Service; rental of buildings in the 
     District of Columbia, and fencing, lighting, guard booths, 
     and other facilities on private or other property not in 
     Government ownership or control, as may be necessary to 
     perform protective functions; payment of per diem or 
     subsistence allowances to employees where a protective 
     assignment during the actual day or days of the visit of a 
     protectee requires an employee to work 16 hours per day or to 
     remain overnight at a post of duty; conduct of and 
     participation in firearms matches; presentation of awards; 
     travel of United States Secret Service employees on 
     protective missions without regard to the limitations on such 
     expenditures in this or any other Act if approval is obtained 
     in advance from the Committees on Appropriations of the 
     Senate and the House of Representatives; research and 
     development; grants to conduct behavioral research in support 
     of protective research and operations; and payment in advance 
     for commercial accommodations as may be necessary to perform 
     protective functions; $1,482,709,000; of which not to exceed 
     $25,000 shall be for official reception and representation 
     expenses; of which not to exceed $100,000 shall be to provide 
     technical assistance and equipment to foreign law enforcement 
     organizations in counterfeit investigations; of which 
     $2,366,000 shall be for forensic and related support of 
     investigations of missing and exploited children; and of 
     which $6,000,000 shall be for a grant for activities related 
     to the investigations of missing and exploited children and 
     shall remain available until expended: Provided, That up to 
     $18,000,000 provided for protective travel shall remain 
     available until September 30, 2011: Provided further, That

[[Page S7364]]

     up to $1,000,000 for National Special Security Events shall 
     remain available until expended: Provided further, That the 
     United States Secret Service is authorized to obligate funds 
     in anticipation of reimbursements from Federal agencies and 
     entities, as defined in section 105 of title 5, United States 
     Code, receiving training sponsored by the James J. Rowley 
     Training Center, except that total obligations at the end of 
     the fiscal year shall not exceed total budgetary resources 
     available under this heading at the end of the fiscal year: 
     Provided further, That none of the funds made available under 
     this heading shall be available to compensate any employee 
     for overtime in an annual amount in excess of $35,000, except 
     that the Secretary of Homeland Security, or the designee of 
     the Secretary, may waive that amount as necessary for 
     national security purposes: Provided further, That none of 
     the funds appropriated to the United States Secret Service by 
     this Act or by previous appropriations Acts may be made 
     available for the protection of the head of a Federal agency 
     other than the Secretary of Homeland Security: Provided 
     further, That the Director of the United States Secret 
     Service may enter into an agreement to perform such service 
     on a fully reimbursable basis: Provided further, That the 
     United States Secret Service shall open an international 
     field office in Tallinn, Estonia to combat electronic crimes 
     with funds made available under this heading in Public Law 
     110-329: Provided further, That $4,040,000 shall not be made 
     available for obligation until enactment into law of 
     authorizing legislation that incorporates the authorities of 
     the United States Secret Service Uniformed Division into the 
     United States Code, including restructuring the United States 
     Secret Service Uniformed Division's pay chart.

     acquisition, construction, improvements, and related expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                         salaries and expenses

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

           infrastructure protection and information security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.), $901,416,000, of which $760,755,000 shall 
     remain available until September 30, 2011: Provided, That of 
     the total amount provided, $20,000,000 is for necessary 
     expenses of the National Infrastructure Simulation and 
     Analysis Center.

    united states visitor and immigrant status indicator technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1365a), $378,194,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $75,000,000 may not be obligated for the 
     United States Visitor and Immigrant Status Indicator 
     Technology project until the Committees on Appropriations of 
     the Senate and the House of Representatives receive a plan 
     for expenditure prepared by the Secretary of Homeland 
     Security not later than 90 days after the date of enactment 
     of this Act: Provided further, That not less than $28,000,000 
     of unobligated balances of prior year appropriations shall 
     remain available and be obligated solely for implementation 
     of a biometric air exit capability.

                       federal protective service

       The revenues and collections of security fees credited to 
     this account shall be available until expended for necessary 
     expenses related to the protection of federally-owned and 
     leased buildings and for the operations of the Federal 
     Protective Service: Provided, That the Secretary of Homeland 
     Security and the Director of the Office of Management and 
     Budget shall certify in writing to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than December 31, 2009, that the operations of the 
     Federal Protective Service will be fully funded in fiscal 
     year 2010 through revenues and collection of security fees, 
     and shall adjust the fees to ensure fee collections are 
     sufficient to ensure that the Federal Protective Service 
     maintains not fewer than 1,200 full-time equivalent staff and 
     900 full-time equivalent Police Officers, Inspectors, Area 
     Commanders, and Special Agents who, while working, are 
     directly engaged on a daily basis protecting and enforcing 
     laws at Federal buildings (referred to as ``in-service field 
     staff'').

                        Office of Health Affairs

       For necessary expenses of the Office of Health Affairs, 
     $135,000,000, of which $30,411,000 is for salaries and 
     expenses; and of which $104,589,000 is to remain available 
     until September 30, 2011, for biosurveillance, BioWatch, 
     medical readiness planning, chemical response, and other 
     activities: Provided, That not to exceed $3,000 shall be for 
     official reception and representation expenses.

                  Federal Emergency Management Agency

                     management and administration

       For necessary expenses for management and administration of 
     the Federal Emergency Management Agency, $859,700,000, 
     including activities authorized by the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance Act of 
     2000 (division C, title I, 114 Stat. 583), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
     Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 
     sections 107 and 303 of the National Security Act of 1947 (50 
     U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
     App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.), and the Post-Katrina Emergency Management Reform Act 
     of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That 
     not to exceed $3,000 shall be for official reception and 
     representation expenses: Provided further, That the 
     President's budget submitted under section 1105(a) of title 
     31, United States Code, shall be detailed by office for the 
     Federal Emergency Management Agency: Provided further, That 
     of the total amount made available under this heading, 
     $32,500,000 shall be for the Urban Search and Rescue Response 
     System, of which not to exceed $1,600,000 may be made 
     available for administrative costs; and $6,995,000 shall be 
     for the Office of National Capital Region Coordination: 
     Provided further, That for purposes of planning, 
     coordination, execution, and decision-making related to mass 
     evacuation during a disaster, the Governors of the State of 
     West Virginia and the Commonwealth of Pennsylvania, or their 
     designees, shall be incorporated into efforts to integrate 
     the activities of Federal, State, and local governments in 
     the National Capital Region, as defined in section 882 of 
     Public Law 107-296, the Homeland Security Act of 2002.

                        state and local programs

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     activities, $3,067,200,000 shall be allocated as follows:
       (1) $950,000,000 shall be for the State Homeland Security 
     Grant Program under section 2004 of the Homeland Security Act 
     of 2002 (6 U.S.C. 605): Provided, That of the amount provided 
     by this paragraph, $60,000,000 shall be for Operation 
     Stonegarden.
       (2) $887,000,000 shall be for the Urban Area Security 
     Initiative under section 2003 of the Homeland Security Act of 
     2002 (6 U.S.C. 604), of which, notwithstanding subsection 
     (c)(1) of such section, $20,000,000 shall be for grants to 
     organizations (as described under section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax section 
     501(a) of such code) determined by the Secretary of Homeland 
     Security to be at high risk of a terrorist attack.
       (3) $35,000,000 shall be for Regional Catastrophic 
     Preparedness Grants.
       (4) $40,000,000 shall be for the Metropolitan Medical 
     Response System under section 635 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 723).
       (5) $15,000,000 shall be for the Citizen Corps Program.
       (6) $356,000,000 shall be for Public Transportation 
     Security Assistance, Railroad Security Assistance, and Over-
     the-Road Bus Security Assistance under sections 1406, 1513, 
     and 1532 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 
     1163, and 1182), of which not less than $25,000,000 shall be 
     for Amtrak security, and not less than $6,000,000 shall be 
     for Over-the-Road Bus Security Assistance.
       (7) $350,000,000 shall be for Port Security Grants in 
     accordance with 46 U.S.C. 70107.
       (8) $50,000,000 shall be for Buffer Zone Protection Program 
     Grants.
       (9) $50,000,000 shall be for Driver's License Security 
     Grants Program, pursuant to section 204(a) of the REAL ID Act 
     of 2005 (division B of Public Law 109-13).
       (10) $50,000,000 shall be for the Interoperable Emergency 
     Communications Grant Program under section 1809 of the 
     Homeland Security Act of 2002 (6 U.S.C. 579).
       (11) $20,000,000 shall be for grants for Emergency 
     Operations Centers under section 614 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196c), of which no less than $1,500,000 shall be for 
     the Ohio Emergency Management Agency Emergency Operations 
     Center, Columbus, Ohio; no less than $1,000,000 shall be for 
     the City of Chicago Emergency Operations Center, Chicago, 
     Illinois; no less than $600,000 shall be for the Ames 
     Emergency Operations Center, Ames, Iowa; no less than 
     $353,000 shall be for the County of Union Emergency 
     Operations Center, Union County, New Jersey; no less than 
     $300,000 shall be for the City of Hackensack Emergency 
     Operations Center, Hackensack, New Jersey; no less than 
     $247,000 shall be for the Township of South Orange Village 
     Emergency Operations Center, South Orange, New Jersey; no 
     less than $1,000,000 shall be for the City of Mount Vernon 
     Emergency Operations Center, Mount Vernon, New York; no less 
     than $900,000 shall be for the City of Whitefish Emergency 
     Operations Center, Whitefish, Montana; no less than 
     $1,000,000 shall be for the Lincoln County Emergency 
     Operations Center, Lincoln County, Washington; no less than 
     $980,000 shall be for the City of Providence Emergency 
     Operations Center, Providence, Rhode Island; no less than 
     $980,000 for the North Louisiana Regional Emergency 
     Operations Center, Lincoln Parish, Louisiana; and no less 
     than $900,000 for the City of North Little Rock Emergency 
     Operations Center, North Little Rock, Arkansas.
       (12) $264,200,000 shall be for training, exercises, 
     technical assistance, and other programs, of which--

[[Page S7365]]

       (A) $164,500,000 is for purposes of training in accordance 
     with section 1204 of the Implementing Recommendations of the 
     9/11 Commission Act of 2007 (6 U.S.C. 1102), of which 
     $62,500,000 shall be for the Center for Domestic 
     Preparedness; $23,000,000 shall be for the National Energetic 
     Materials Research and Testing Center, New Mexico Institute 
     of Mining and Technology; $23,000,000 shall be for the 
     National Center for Biomedical Research and Training, 
     Louisiana State University; $23,000,000 shall be for the 
     National Emergency Response and Rescue Training Center, Texas 
     A&M University; $23,000,000 shall be for the National 
     Exercise, Test, and Training Center, Nevada Test Site; 
     $5,000,000 shall be for the Transportation Technology Center, 
     Incorporated, in Pueblo, Colorado; and $5,000,000 shall be 
     for the Natural Disaster Preparedness Training Center, 
     University of Hawaii, Honolulu, Hawaii; and
       (B) $1,700,000 shall be for the Center for Counterterrorism 
     and Cyber Crime, Norwich University, Northfield, Vermont:

     Provided, That 4.1 percent of the amounts provided under this 
     heading shall be transferred to the Federal Emergency 
     Management Agency ``Management and Administration'' account 
     for program administration, and an expenditure plan for 
     program administration shall be provided to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     within 60 days of the date of enactment of this Act: Provided 
     further, That, notwithstanding section 2008(a)(11) of the 
     Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any 
     other provision of law, a grantee may use not more than 5 
     percent of the amount of a grant made available under this 
     heading for expenses directly related to administration of 
     the grant:  Provided further, That for grants under 
     paragraphs (1) through (5), the applications for grants shall 
     be made available to eligible applicants not later than 25 
     days after the date of enactment of this Act, that eligible 
     applicants shall submit applications not later than 90 days 
     after the grant announcement, and that the Administrator of 
     the Federal Emergency Management Agency shall act within 90 
     days after receipt of an application: Provided further, That 
     for grants under paragraphs (6) through (10), the 
     applications for grants shall be made available to eligible 
     applicants not later than 30 days after the date of enactment 
     of this Act, that eligible applicants shall submit 
     applications within 45 days after the grant announcement, and 
     that the Federal Emergency Management Agency shall act not 
     later than 60 days after receipt of an application: Provided 
     further, That for grants under paragraphs (1) and (2), the 
     installation of communications towers is not considered 
     construction of a building or other physical facility: 
     Provided further, That grantees shall provide reports on 
     their use of funds, as determined necessary by the Secretary: 
     Provided further, That (a) the Center for Domestic 
     Preparedness may provide training to emergency response 
     providers from the Federal Government, foreign governments, 
     or private entities, if the Center for Domestic Preparedness 
     is reimbursed for the cost of such training, and any 
     reimbursement under this subsection shall be credited to the 
     account from which the expenditure being reimbursed was made 
     and shall be available, without fiscal year limitation, for 
     the purposes for which amounts in the account may be 
     expended, (b) the head of the Center for Domestic 
     Preparedness shall ensure that any training provided under 
     (a) does not interfere with the primary mission of the Center 
     to train State and local emergency response providers.

                     firefighter assistance grants

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $800,000,000, of which $380,000,000 shall be 
     available to carry out section 33 of that Act (15 U.S.C. 
     2229) and $420,000,000 shall be available to carry out 
     section 34 of that Act (15 U.S.C. 2229a), to remain available 
     until September 30, 2010: Provided, That 5 percent of the 
     amount available under this heading shall be for program 
     administration, and an expenditure plan for program 
     administration shall be provided to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     within 60 days of the date of enactment of this Act.

                emergency management performance grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $350,000,000: Provided, That total 
     administrative costs shall be 3 percent of the total amount 
     appropriated under this heading.

              radiological emergency preparedness program

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

                   united states fire administration

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

                            disaster relief

                     (including transfer of funds)

       For necessary expenses in carrying out the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $1,456,866,000, to remain available 
     until expended: Provided, That the Federal Emergency 
     Management Agency shall submit an expenditure plan to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives detailing the use of the funds for disaster 
     readiness and support within 60 days after the date of 
     enactment of this Act: Provided further, That the Federal 
     Emergency Management Agency shall provide a quarterly report 
     detailing obligations against the expenditure plan and a 
     justification for any changes in spending: Provided further, 
     That not later than 60 days after the date of enactment of 
     this Act, the Administrator of the Federal Emergency 
     Management Agency shall submit a report to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate that includes 
     (1) a plan for the acquisition of alternative temporary 
     housing units, and (2) procedures for expanding repair of 
     existing multi-family rental housing units authorized under 
     section 689i(a) of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 776(a)), semi-permanent, or 
     permanent housing options:  Provided further, That of the 
     total amount provided, $16,000,000 shall be transferred to 
     the Department of Homeland Security Office of Inspector 
     General for audits and investigations related to disasters, 
     subject to section 503 of this Act: Provided further, That up 
     to $50,000,000 may be transferred to Federal Emergency 
     Management Agency ``Management and Administration'' for 
     management and administration functions: Provided further, 
     That the amount provided in the previous proviso shall not be 
     available for transfer to ``Management and Administration'' 
     until the Federal Emergency Management Agency submits an 
     implementation plan to the Committees on Appropriations of 
     the Senate and the House of Representatives: Provided 
     further, That the Federal Emergency Management Agency shall 
     submit the monthly ``Disaster Relief'' report, as specified 
     in Public Law 110-161, to the Committees on Appropriations of 
     the Senate and the House of Representatives, and include the 
     amounts provided to each Federal agency for mission 
     assignments: Provided further, That for any request for 
     reimbursement from a Federal agency to the Department of 
     Homeland Security to cover expenditures under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), or any mission assignment orders issued 
     by the Department for such purposes, the Secretary of 
     Homeland Security shall take appropriate steps to ensure that 
     each agency is periodically reminded of Department policies 
     on--
       (1) the detailed information required in supporting 
     documentation for reimbursements; and
       (2) the necessity for timeliness of agency billings.

            disaster assistance direct loan program account

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

                      flood map modernization fund

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

                     national flood insurance fund

       For activities under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster 
     Protection Act of 1973 (42 U.S.C. 4001 et seq.), 
     $159,469,000, which shall be derived from offsetting 
     collections assessed and collected under section 1308(d) of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), 
     which is available as follows: (1) not to exceed $52,149,000 
     for salaries and expenses associated with flood mitigation 
     and flood insurance operations; and (2) no less than 
     $107,320,000 for flood plain management and flood mapping, 
     which shall remain available until September 30, 2011: 
     Provided, That any additional fees collected pursuant to 
     section 1308(d) of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4015(d)) shall be credited as an offsetting 
     collection to this account, to be available for flood plain 
     management and flood mapping: Provided further, That in 
     fiscal year 2010, no funds shall be available from the 
     National Flood Insurance Fund under section 1310 of that Act 
     (42 U.S.C. 4017) in excess of: (1) $85,000,000 for operating 
     expenses; (2) $969,370,000 for commissions and taxes of 
     agents; (3) such sums as are necessary for interest on 
     Treasury borrowings; and (4) $120,000,000, which shall remain 
     available until expended for flood mitigation actions, of 
     which $70,000,000 is for severe repetitive loss properties 
     under section 1361A of the National Flood Insurance Act of

[[Page S7366]]

     1968 (42 U.S.C. 4102a), of which $10,000,000 is for 
     repetitive insurance claims properties under section 1323 of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4030), 
     and of which $40,000,000 is for flood mitigation assistance 
     under section 1366 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4104c) notwithstanding subparagraphs (B) and 
     (C) of subsection (b)(3) and subsection (f) of section 1366 
     of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 
     and notwithstanding subsection (a)(7) of section 1310 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4017): 
     Provided further, That amounts collected under section 102 of 
     the Flood Disaster Protection Act of 1973 and section 1366(i) 
     of the National Flood Insurance Act of 1968 shall be 
     deposited in the National Flood Insurance Fund to supplement 
     other amounts specified as available for section 1366 of the 
     National Flood Insurance Act of 1968, notwithstanding 42 
     U.S.C. 4012a(f)(8), 4104c(i), and 4104d(b)(2)-(3): Provided 
     further, That total administrative costs shall not exceed 4 
     percent of the total appropriation.

                  national predisaster mitigation fund

       For the predisaster mitigation grant program under section 
     203 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5133), $120,000,000, to remain 
     available until expended: Provided, That the total 
     administrative costs associated with such grants shall not 
     exceed 3 percent of the total amount made available under 
     this heading.

                       emergency food and shelter

       To carry out the emergency food and shelter program 
     pursuant to title III of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11331 et seq.), $175,000,000, to 
     remain available until expended: Provided, That total 
     administrative costs shall not exceed 3.5 percent of the 
     total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, $135,700,000, of which $5,000,000 is for the 
     processing of military naturalization applications and 
     $118,500,000 is for the E-Verify program to assist United 
     States employers with maintaining a legal workforce: 
     Provided, That of the amount provided for the E-Verify 
     program, $10,000,000 is available until expended for E-Verify 
     process and system enhancements: Provided further, That 
     notwithstanding any other provision of law, funds available 
     to United States Citizenship and Immigration Services may be 
     used to acquire, operate, equip, dispose of and replace up to 
     five vehicles, of which two are for replacement only, for 
     areas where the Administrator of General Services does not 
     provide vehicles for lease: Provided further, That the 
     Director of United States Citizenship and Immigration 
     Services may authorize employees who are assigned to those 
     areas to use such vehicles between the employees' residences 
     and places of employment.

                federal law enforcement training center

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; the purchase of not 
     to exceed 117 vehicles for police-type use and hire of 
     passenger motor vehicles; expenses for student athletic and 
     related activities; the conduct of and participation in 
     firearms matches and presentation of awards; public awareness 
     and enhancement of community support of law enforcement 
     training; room and board for student interns; a flat monthly 
     reimbursement to employees authorized to use personal mobile 
     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $244,356,000, of 
     which up to $47,751,000 shall remain available until 
     September 30, 2011, for materials and support costs of 
     Federal law enforcement basic training; of which $300,000 
     shall remain available until expended for Federal law 
     enforcement agencies participating in training accreditation, 
     to be distributed as determined by the Federal Law 
     Enforcement Training Center for the needs of participating 
     agencies; and of which not to exceed $12,000 shall be for 
     official reception and representation expenses: Provided, 
     That the Center is authorized to obligate funds in 
     anticipation of reimbursements from agencies receiving 
     training sponsored by the Center, except that total 
     obligations at the end of the fiscal year shall not exceed 
     total budgetary resources available at the end of the fiscal 
     year: Provided further, That section 1202(a) of Public Law 
     107-206 (42 U.S.C. 3771 note), as amended by Public Law 110-
     329 (122 Stat. 3677), is further amended by striking 
     ``December 31, 2011'' and inserting ``December 31, 2012'': 
     Provided further, That the Federal Law Enforcement Training 
     Accreditation Board, including representatives from the 
     Federal law enforcement community and non-Federal 
     accreditation experts involved in law enforcement training, 
     shall lead the Federal law enforcement training accreditation 
     process to continue the implementation of measuring and 
     assessing the quality and effectiveness of Federal law 
     enforcement training programs, facilities, and instructors: 
     Provided further, That the Director of the Federal Law 
     Enforcement Training Center shall schedule basic or advanced 
     law enforcement training, or both, at all four training 
     facilities under the control of the Federal Law Enforcement 
     Training Center to ensure that such training facilities are 
     operated at the highest capacity throughout the fiscal year.

     acquisitions, construction, improvements, and related expenses

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

                         Science and Technology

                     management and administration

       For salaries and expenses of the Office of the Under 
     Secretary for Science and Technology and for management and 
     administration of programs and activities, as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.), $143,200,000: Provided, That not to exceed $10,000 
     shall be for official reception and representation expenses.

           research, development, acquisition, and operations

       For necessary expenses for science and technology research, 
     including advanced research projects; development; test and 
     evaluation; acquisition; and operations; as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.); $851,729,000, to remain available until September 
     30, 2011: Provided, That not less than $20,865,000 shall be 
     available for the Southeast Region Research Initiative at the 
     Oak Ridge National Laboratory: Provided further, That not 
     less than $3,000,000 shall be available for Distributed 
     Environment for Critical Infrastructure Decisionmaking 
     Exercises: Provided further, That not less than $12,000,000 
     is for construction expenses of the Pacific Northwest 
     National Laboratory: Provided further, That not less than 
     $2,000,000 shall be for the Cincinnati Urban Area partnership 
     established through the Regional Technology Integration 
     Initiative: Provided further, That not less than $36,312,000 
     shall be for the National Bio and Agro-defense Facility.

                   Domestic Nuclear Detection Office

                     management and administration

       For salaries and expenses of the Domestic Nuclear Detection 
     Office as authorized by title XIX of the Homeland Security 
     Act of 2002 (6 U.S.C. 591 et seq.) for management and 
     administration of programs and activities, $37,500,000: 
     Provided, That not to exceed $3,000 shall be for official 
     reception and representation expenses.

                 research, development, and operations

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

                          systems acquisition

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

                                TITLE V

                           GENERAL PROVISIONS

                    (including rescissions of funds)

       Sec. 501.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502.  Subject to the requirements of section 503 of 
     this Act, the unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this Act, may be merged with funds in the 
     applicable established accounts, and thereafter may be 
     accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2010, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program, project, or activity; (2) 
     eliminates a program, project, office, or activity; (3) 
     increases funds for any program, project, or activity for 
     which funds have been denied or restricted by the Congress; 
     (4) proposes to use funds directed for a specific activity by 
     either of the Committees on Appropriations of the Senate or 
     the House of Representatives for a different purpose; or (5) 
     contracts out any function or activity for which funding 
     levels were requested for Federal full-time equivalents in 
     the object classification tables contained in the fiscal year 
     2010 Budget Appendix for the Department of Homeland Security, 
     as modified by the explanatory statement accompanying this 
     Act, unless the Committees on Appropriations of

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     the Senate and the House of Representatives are notified 15 
     days in advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2010, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees or proceeds 
     available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for programs, 
     projects, or activities through a reprogramming of funds in 
     excess of $5,000,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by the Congress; or (3) results from any general 
     savings from a reduction in personnel that would result in a 
     change in existing programs, projects, or activities as 
     approved by the Congress, unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) and shall not be 
     available for obligation unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances that imminently threaten the safety of human 
     life or the protection of property.
       Sec. 504.  The Department of Homeland Security Working 
     Capital Fund, established pursuant to section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     as a permanent working capital fund for fiscal year 2010: 
     Provided, That none of the funds appropriated or otherwise 
     made available to the Department of Homeland Security may be 
     used to make payments to the Working Capital Fund, except for 
     the activities and amounts allowed in the President's fiscal 
     year 2010 budget: Provided further, That funds provided to 
     the Working Capital Fund shall be available for obligation 
     until expended to carry out the purposes of the Working 
     Capital Fund: Provided further, That all departmental 
     components shall be charged only for direct usage of each 
     Working Capital Fund service: Provided further, That funds 
     provided to the Working Capital Fund shall be used only for 
     purposes consistent with the contributing component: Provided 
     further, That such fund shall be paid in advance or 
     reimbursed at rates which will return the full cost of each 
     service: Provided further, That the Working Capital Fund 
     shall be subject to the requirements of section 503 of this 
     Act.
       Sec. 505.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2010 from 
     appropriations for salaries and expenses for fiscal year 2010 
     in this Act shall remain available through September 30, 
     2011, in the account and for the purposes for which the 
     appropriations were provided: Provided, That prior to the 
     obligation of such funds, a request shall be submitted to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives for approval in accordance with section 503 
     of this Act.
       Sec. 506.  Funds made available by this Act for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2010 until the enactment of an Act authorizing 
     intelligence activities for fiscal year 2010.
       Sec. 507.  None of the funds made available by this Act may 
     be used to make a grant allocation, discretionary grant 
     award, discretionary contract award, Other Transaction 
     Agreement, or to issue a letter of intent totaling in excess 
     of $1,000,000, or to announce publicly the intention to make 
     such an award, including a contract covered by the Federal 
     Acquisition Regulation, unless the Secretary of Homeland 
     Security notifies the Committees on Appropriations of the 
     Senate and the House of Representatives at least 3 full 
     business days in advance of making such an award or issuing 
     such a letter: Provided, That if the Secretary of Homeland 
     Security determines that compliance with this section would 
     pose a substantial risk to human life, health, or safety, an 
     award may be made without notification and the Committees on 
     Appropriations of the Senate and the House of Representatives 
     shall be notified not later than 5 full business days after 
     such an award is made or letter issued: Provided further, 
     That no notification shall involve funds that are not 
     available for obligation: Provided further, That the 
     notification shall include the amount of the award, the 
     fiscal year in which the funds for the award were 
     appropriated, and the account from which the funds are being 
     drawn: Provided further, That the Federal Emergency 
     Management Agency shall brief the Committees on 
     Appropriations of the Senate and the House of Representatives 
     5 full business days in advance of announcing publicly the 
     intention of making an award under the State Homeland 
     Security Grant Program; Urban Area Security Initiative; and 
     the Regional Catastrophic Preparedness Grant Program.
       Sec. 508.  Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without the advance approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training which cannot be accommodated in existing Center 
     facilities.
       Sec. 509.  None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses for any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus otherwise required under chapter 33 of 
     title 40, United States Code, has not been approved, except 
     that necessary funds may be expended for each project for 
     required expenses for the development of a proposed 
     prospectus.
       Sec. 510.  Sections 519, 520, 528, and 531 of the 
     Department of Homeland Security Appropriations Act, 2008 
     (division E of Public Law 110-161; 121 Stat. 2073, 2074) 
     shall apply with respect to funds made available in this Act 
     in the same manner as such sections applied to funds made 
     available in that Act.
       Sec. 511.  None of the funds in this Act may be used in 
     contravention of the applicable provisions of the Buy 
     American Act (41 U.S.C. 10a et seq.).
       Sec. 512.  None of the funds provided by this or previous 
     appropriations Acts may be obligated for deployment or 
     implementation of the Secure Flight program or any other 
     follow-on or successor passenger screening program that: (1) 
     utilizes or tests algorithms assigning risk to passengers 
     whose names are not on Government watch lists; or (2) uses 
     data or a database that is obtained from or remains under the 
     control of a non-Federal entity: Provided, That this 
     restriction shall not apply to Passenger Name Record data 
     obtained from air carriers.
       Sec. 513.  None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 514.  None of the funds appropriated by this Act may 
     be used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for services provided as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of United States Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.
       Sec. 515. (a) The Assistant Secretary of Homeland Security 
     (Transportation Security Administration) shall work with air 
     carriers and airports to ensure that the screening of cargo 
     carried on passenger aircraft, as defined in section 
     44901(g)(5) of title 49, United States Code, increases 
     incrementally each quarter until the requirement of section 
     44901(g)(2)(B) of title 49 are met.
       (b) Not later than 45 days after the end of each quarter, 
     the Assistant Secretary shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a report on air cargo inspection statistics by airport and 
     air carrier detailing the incremental progress being made to 
     meet the requirement of section 44901(g)(2)(B) of title 49, 
     United States Code.
       Sec. 516.  Except as provided in section 44945 of title 49, 
     United States Code, funds appropriated or transferred to 
     Transportation Security Administration ``Aviation Security'', 
     ``Administration'' and ``Transportation Security Support'' 
     for fiscal years 2004, 2005, 2006, 2007, and 2008 that are 
     recovered or deobligated shall be available only for the 
     procurement or installation of explosives detection systems, 
     for air cargo, baggage, and checkpoint screening systems, 
     subject to notification: Provided, That quarterly reports 
     shall be submitted to the Committees on Appropriations of the 
     Senate and the House of Representatives on any funds that are 
     recovered or deobligated.
       Sec. 517.  Any funds appropriated to United States Coast 
     Guard, ``Acquisition, Construction, and Improvements'' for 
     fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123 
     foot patrol boat conversion that are recovered, collected, or 
     otherwise received as the result of negotiation, mediation, 
     or litigation, shall be available until expended for the 
     Replacement Patrol Boat (FRC-B) program.
       Sec. 518. (a)(1) Except as provided in paragraph (2), none 
     of the funds provided in this or any other Act shall be 
     available to commence or continue operations of the National 
     Applications Office until--
       (A) the Secretary certifies that: (i) National Applications 
     Office programs comply with all existing laws, including all 
     applicable privacy and civil liberties standards; and, (ii) 
     that clear definitions of all proposed domains are 
     established and are auditable;
       (B) the Comptroller General of the United States notifies 
     the Committees on Appropriations of the Senate and the House 
     of Representatives and the Secretary that the Comptroller has 
     reviewed such certification; and
       (C) the Secretary notifies the Committees of all funds to 
     be expended on the National Applications Office pursuant to 
     section 503 of this Act.
       (2) Paragraph (1) shall not apply with respect to any use 
     of funds for activities substantially similar to such 
     activities conducted by the Department of the Interior as set 
     forth in the 1975 charter for the Civil Applications 
     Committee under the provisions of law codified at section 31 
     of title 43, United States Code.
       (b) The Inspector General shall provide to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives a classified report

[[Page S7368]]

     on a quarterly basis containing a review of the data 
     collected by the National Applications Office, including a 
     description of the collection purposes and the legal 
     authority under which the collection activities were 
     authorized: Provided, That the report shall also include a 
     listing of all data collection activities carried out on 
     behalf of the National Applications Office by any component 
     of the National Guard.
       (c) None of the funds provided in this or any other Act 
     shall be available to commence operations of the National 
     Immigration Information Sharing Operation until the Secretary 
     certifies that such program complies with all existing laws, 
     including all applicable privacy and civil liberties 
     standards, the Comptroller General of the United States 
     notifies the Committees on Appropriations of the Senate and 
     the House of Representatives and the Secretary that the 
     Comptroller has reviewed such certification, and the 
     Secretary notifies the Committees on Appropriations of the 
     Senate and the House of Representatives of all funds to be 
     expended on the National Immigration Information Sharing 
     Operation pursuant to section 503.
       Sec. 519.  Within 45 days after the close of each month, 
     the Chief Financial Officer of the Department of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a monthly budget 
     and staffing report that includes total obligations, on-board 
     versus funded full-time equivalent staffing levels, and the 
     number of contract employees by office.
       Sec. 520.  Section 532(a) of Public Law 109-295 (120 Stat. 
     1384) is amended by striking ``2009'' and inserting ``2010''.
       Sec. 521.  The functions of the Federal Law Enforcement 
     Training Center instructor staff shall be classified as 
     inherently governmental for the purpose of the Federal 
     Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 522. (a) None of the funds provided by this or any 
     other Act may be obligated for the development, testing, 
     deployment, or operation of any portion of a human resources 
     management system authorized by 5 U.S.C. 9701(a), or by 
     regulations prescribed pursuant to such section, for an 
     employee as defined in 5 U.S.C. 7103(a)(2).
       (b) The Secretary of Homeland Security shall collaborate 
     with employee representatives in the manner prescribed in 5 
     U.S.C. 9701(e), in the planning, testing, and development of 
     any portion of a human resources management system that is 
     developed, tested, or deployed for persons excluded from the 
     definition of employee as that term is defined in 5 U.S.C. 
     7103(a)(2).
       Sec. 523.  None of the funds made available in this or any 
     other Act may be used to enforce section 4025(1) of Public 
     Law 108-458 unless the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) reverses 
     the determination of July 19, 2007, that butane lighters are 
     not a significant threat to civil aviation security.
       Sec. 524.  Funds made available in this Act may be used to 
     alter operations within the Civil Engineering Program of the 
     Coast Guard nationwide, including civil engineering units, 
     facilities design and construction centers, maintenance and 
     logistics commands, and the Coast Guard Academy, except that 
     none of the funds provided in this Act may be used to reduce 
     operations within any Civil Engineering Unit unless 
     specifically authorized by a statute enacted after the date 
     of the enactment of this Act.
       Sec. 525. (a) Except as provided in subsection (b), none of 
     the funds appropriated in this or any other Act to the Office 
     of the Secretary and Executive Management, the Office of the 
     Under Secretary for Management, or the Office of the Chief 
     Financial Officer, may be obligated for a grant or contract 
     funded under such headings by a means other than full and 
     open competition.
       (b) Subsection (a) does not apply to obligation of funds 
     for a contract awarded--
       (1) by a means that is required by a Federal statute, 
     including obligation for a purchase made under a mandated 
     preferential program, such as the AbilityOne Program, that is 
     authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
     seq.);
       (2) under the Small Business Act (15 U.S.C. 631 et seq.);
       (3) in an amount less than the simplified acquisition 
     threshold described under section 302A(a) of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     252a(a)); or
       (4) by another Federal agency using funds provided through 
     an interagency agreement.
       (c)(1) Subject to paragraph (2), the Secretary of Homeland 
     Security may waive the application of this section for the 
     award of a contract in the interest of national security or 
     if failure to do so would pose a substantial risk to human 
     health or welfare.
       (2) Not later than 5 days after the date on which the 
     Secretary of Homeland Security issues a waiver under this 
     subsection, the Secretary shall submit notification of that 
     waiver to the Committees on Appropriations of the Senate and 
     the House of Representatives, including a description of the 
     applicable contract and an explanation of why the waiver 
     authority was used. The Secretary may not delegate the 
     authority to grant such a waiver.
       (d) In addition to the requirements established by this 
     section, the Inspector General for the Department of Homeland 
     Security shall review departmental contracts awarded through 
     other than full and open competition to assess departmental 
     compliance with applicable laws and regulations: Provided, 
     That the Inspector General shall review selected contracts 
     awarded in the previous fiscal year through other than full 
     and open competition: Provided further, That in determining 
     which contracts to review, the Inspector General shall 
     consider the cost and complexity of the goods and services to 
     be provided under the contract, the criticality of the 
     contract to fulfilling Department missions, past performance 
     problems on similar contracts or by the selected vendor, 
     complaints received about the award process or contractor 
     performance, and such other factors as the Inspector General 
     deems relevant: Provided further, That the Inspector General 
     shall report the results of the reviews to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than February 5, 2010.
       Sec. 526.  None of the funds made available in this Act may 
     be used by United States Citizenship and Immigration Services 
     to grant an immigration benefit unless the results of 
     background checks required by law to be completed prior to 
     the granting of the benefit have been received by United 
     States Citizenship and Immigration Services, and the results 
     do not preclude the granting of the benefit.
       Sec. 527.  None of the funds made available in this Act may 
     be used to destroy or put out to pasture any horse or other 
     equine belonging to the Federal Government that has become 
     unfit for service, unless the trainer or handler is first 
     given the option to take possession of the equine through an 
     adoption program that has safeguards against slaughter and 
     inhumane treatment.
       Sec. 528.  None of the funds provided in this Act shall be 
     available to carry out section 872 of Public Law 107-296.
       Sec. 529.  None of the funds provided in this Act under the 
     heading ``Office of the Chief Information Officer'' shall be 
     used for data center development other than for Data Center 
     One (National Center for Critical Information Processing and 
     Storage) until the Chief Information Officer certifies that 
     Data Center One (National Center for Critical Information 
     Processing and Storage) is fully utilized as the Department's 
     primary data storage center at the highest capacity 
     throughout the fiscal year.
       Sec. 530.  None of the funds in this Act shall be used to 
     reduce the United States Coast Guard's Operations Systems 
     Center mission or its government-employed or contract staff 
     levels.
       Sec. 531.  None of the funds appropriated by this Act may 
     be used to conduct, or to implement the results of, a 
     competition under Office of Management and Budget Circular A-
     76 for activities performed with respect to the Coast Guard 
     National Vessel Documentation Center.
       Sec. 532.  The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes (which outcomes shall be specified in 
     terms of cost, schedule, and performance).
       Sec. 533.  None of the funds made available to the Office 
     of the Secretary and Executive Management under this Act may 
     be expended for any new hires by the Department of Homeland 
     Security that are not verified through the basic pilot 
     program under section 401 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note).
       Sec. 534.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act: Provided, That this section shall apply 
     only to individuals transporting on their person a personal-
     use quantity of the prescription drug, not to exceed a 90-day 
     supply: Provided further, That the prescription drug may not 
     be--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       Sec. 535.  None of the funds made available in this Act may 
     be used by the Secretary of Homeland Security or any delegate 
     of the Secretary to issue any rule or regulation which 
     implements the Notice of Proposed Rulemaking related to 
     Petitions for Aliens To Perform Temporary Nonagricultural 
     Services or Labor (H-2B) set out beginning on 70 Fed. Reg. 
     3984 (January 27, 2005).
       Sec. 536.  Section 537 of the Department of Homeland 
     Security Appropriations Act, 2009 (division D of Public Law 
     110-329; 122 Stat. 3682) shall apply with respect to funds 
     made available in this Act in the same manner as such 
     sections applied to funds made available in that Act.
       Sec. 537.  None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 538. (a) Notwithstanding any other provision of this 
     Act, except as provided in subsection (b), and 30 days after 
     the date that the President determines whether to declare a 
     major disaster because of an event and any appeal is 
     completed, the Administrator shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, and publish on the website of the Federal 
     Emergency Management Agency, a report regarding that 
     decision, which shall summarize damage assessment information 
     used to determine whether to declare a major disaster.
       (b) The Administrator may redact from a report under 
     subsection (a) any data that the Administrator determines 
     would compromise national security.
       (c) In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).

[[Page S7369]]

       Sec. 539.  Notwithstanding any other provision of law, 
     should the Secretary of Homeland Security determine that the 
     National Bio and Agro-defense Facility be located at a site 
     other than Plum Island, New York, the Secretary shall have 
     the Administrator of General Services sell through public 
     sale all real and related personal property and 
     transportation assets which support Plum Island operations, 
     subject to such terms and conditions as necessary to protect 
     government interests and meet program requirements: Provided, 
     That the gross proceeds of such sale shall be deposited as 
     offsetting collections into the Department of Homeland 
     Security Science and Technology ``Research, Development, 
     Acquisition, and Operations'' account and, subject to 
     appropriation, shall be available until expended, for site 
     acquisition, construction, and costs related to the 
     construction of the National Bio and Agro-defense Facility, 
     including the costs associated with the sale, including due 
     diligence requirements, necessary environmental remediation 
     at Plum Island, and reimbursement of expenses incurred by the 
     General Services Administration which shall not exceed 1 
     percent of the sale price or $5,000,000, whichever is 
     greater: Provided further, That after the completion of 
     construction and environmental remediation, the unexpended 
     balances of funds appropriated for costs in the preceding 
     proviso shall be available for transfer to the appropriate 
     account for design and construction of a consolidated 
     Department of Homeland Security Headquarters project, 
     excluding daily operations and maintenance costs, 
     notwithstanding section 503 of this Act, and the Committees 
     on Appropriations of the Senate and the House of 
     Representatives shall be notified 15 days prior to such 
     transfer.
       Sec. 540.  Any official that is required by this Act to 
     report or certify to the Committees on Appropriations of the 
     Senate and the House of Representatives may not delegate such 
     authority to perform that act unless specifically authorized 
     herein.
       Sec. 541.  The Secretary of Homeland Security, in 
     consultation with the Secretary of the Treasury, shall notify 
     the Committees on Appropriations of the Senate and the House 
     of Representatives of any proposed transfers of funds 
     available under 31 U.S.C. 9703.2(g)(4)(B) from the Department 
     of the Treasury Forfeiture Fund to any agency within the 
     Department of Homeland Security.
       Sec. 542. (a) Not later than 3 months from the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall consult with the Secretaries of Defense and 
     Transportation and develop a concept of operations for 
     unmanned aerial systems in the United States national 
     airspace system for the purposes of border and maritime 
     security operations.
       (b) The Secretary of Homeland Security shall report to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives not later than 30 days after the date of 
     enactment of this Act on any foreseeable challenges to 
     complying with subsection (a).
       Sec. 543.  If the Assistant Secretary of Homeland Security 
     (Transportation Security Administration) determines that an 
     airport does not need to participate in the basic pilot 
     program, the Assistant Secretary shall certify to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives that no security risks will result by such 
     non-participation.
       Sec. 544.  For fiscal year 2010 and thereafter, the 
     Secretary may provide to personnel appointed or assigned to 
     serve abroad, allowances and benefits similar to those 
     provided under chapter 9 of title I of the Foreign Service 
     Act of 1990 (22 U.S.C. 4081 et seq.).
       Sec. 545.  Section 144 of the Continuing Appropriations 
     Resolution, 2009 (division A of Public Law 110-329; 122 Stat. 
     3581), as amended by section 101 of division J of the Omnibus 
     Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 988), 
     is further amended by striking ``September 30, 2009'' and 
     inserting ``September 30, 2012''.
       Sec. 546.  Section 401(b) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1324a note) is amended by 
     striking ``Unless'' and all that follows.
       Sec. 547.  The head of each agency or department of the 
     United States that enters into a contract shall require, as a 
     condition of the contract, that the contractor participate in 
     the pilot program described in 404 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-209; 8 U.S.C. 1324a note) to verify the 
     employment eligibility of--
       (1) all individuals hired during the term of the contract 
     by the contractor to perform employment duties within the 
     United States; and
       (2) all individuals assigned by the contractor to perform 
     work within the United States the under such contract.
       Sec. 548. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 
     403(c)(1), and 405(b)(2) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1324a note) are amended by 
     striking ``basic pilot program'' each place that term appears 
     and inserting ``E-Verify Program''.
       (2) The heading of section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     is amended by striking ``Basic Pilot'' and inserting ``E-
     Verify''.
       (b) Section 404(h)(1) of the Illegal Immigration Reform and 
     Immigration Responsibility Act of 1996 (Public Law 104-208; 8 
     U.S.C. 1324a note) is amended by striking ``under a pilot 
     program'' and inserting ``under this subtitle''.
       Sec. 549.  Section 610 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended--
       (1) by striking ``pilot'' each place it appears; and
       (2) in subsection (b), by striking ``for 15 years''.
       Sec. 550.  Notwithstanding any other provision of law, 
     should the Secretary of Homeland Security determine that 
     specific U.S. Immigration and Customs Enforcement Service 
     Processing Centers, or other U.S. Immigration and Customs 
     Enforcement owned detention facilities, no longer meet the 
     mission need, the Secretary is authorized to dispose of 
     individual Service Processing Centers, or other U.S. 
     Immigration and Customs Enforcement owned detention 
     facilities, by directing the Administrator of General 
     Services to sell all real and related personal property which 
     support Service Processing Centers, or other U.S. Immigration 
     and Customs Enforcement owned detention facilities, 
     operations, subject to such terms and conditions as necessary 
     to protect government interests and meet program 
     requirements: Provided, That the proceeds, net of the costs 
     of sale incurred by the General Services Administration and 
     U.S. Immigration and Customs Enforcement shall be deposited 
     as offsetting collections into a separate account that shall 
     be available, subject to appropriation, until expended for 
     other real property capital asset needs of existing U.S. 
     Immigration and Customs Enforcement assets, excluding daily 
     operations and maintenance costs, as the Secretary deems 
     appropriate.
       Sec. 551.  Section 550 of Public Law 109-295 is amended in 
     subsection (b) by deleting from the last proviso ``three 
     years after the date of enactment of this Act'' and inserting 
     in lieu thereof ``October 4, 2010''.
       Sec. 552.  For fiscal year 2010 and thereafter, the 
     Secretary of Homeland Security may collect fees from any non-
     Federal participant in a conference, seminar, exhibition, 
     symposium, or similar meeting conducted by the Department of 
     Homeland Security in advance of the conference, either 
     directly or by contract, and those fees shall be credited to 
     the appropriation or account from which the costs of the 
     conference, seminar, exhibition, symposium, or similar 
     meeting are paid and shall be available to pay the costs of 
     the Department of Homeland Security with respect to the 
     conference or to reimburse the Department for costs incurred 
     with respect to the conference: Provided, That in the event 
     the total amount of fees collected with respect to a 
     conference exceeds the actual costs of the Department of 
     Homeland Security with respect to the conference, the amount 
     of such excess shall be deposited into the Treasury as 
     miscellaneous receipts: Provided further, That the Secretary 
     shall provide a report to the Committees on Appropriations of 
     the Senate and the House of Representatives not later than 
     January 5, 2011, providing the level of collections and a 
     summary by agency of the purposes and levels of expenditures 
     for the prior fiscal year, and shall report annually 
     thereafter.
       Sec. 553.  For purposes of section 210C of the Homeland 
     Security Act of 2002 (6 U.S.C. 124j) a rural area shall also 
     include any area that is located in a metropolitan 
     statistical area and a county, borough, parish, or area under 
     the jurisdiction of an Indian tribe with a population of not 
     more than 50,000.
       Sec. 554.  From the unobligated balances of prior year 
     appropriations made available for ``Analysis and 
     Operations'', $5,000,000 are rescinded.
       Sec. 555.  From the unobligated balances of prior year 
     appropriations made available for U.S. Immigration and 
     Customs Enforcement ``Construction'', $7,000,000 are 
     rescinded.
       Sec. 556.  From the unobligated balances of prior year 
     appropriations made available for National Protection and 
     Programs Directorate ``Infrastructure Protection and 
     Information Security'', $8,000,000 are rescinded.
       Sec. 557.  From the unobligated balances of prior year 
     appropriations made available for Science and Technology 
     ``Research, Development, Acquisition, and Operations'', 
     $7,500,000 are rescinded.
       Sec. 558.  From the unobligated balances of prior year 
     appropriations made available for Domestic Nuclear Detection 
     Office ``Research, Development, and Operations'', $8,000,000 
     are rescinded.
       Sec. 559. (a) Subject to subsection (b), none of the funds 
     appropriated or otherwise made available by this Act may be 
     available to operate the Loran-C signal after January 4, 
     2010.
       (b) The limitation in subsection (a) shall take effect only 
     if the Commandant of the Coast Guard certifies that--
       (1) the termination of the operation of the Loran-C signal 
     as of the date specified in subsection (a) will not adversely 
     impact the safety of maritime navigation; and
       (2) the Loran-C system infrastructure is not needed as a 
     backup to the Global Positioning System or any other Federal 
     navigation requirement.
       (c) If the Commandant makes the certification described in 
     subsection (b), the Coast Guard shall, commencing January 4, 
     2010, terminate the operation of the Loran-C signal and 
     commence a phased decommissioning of the Loran-C system 
     infrastructure.
       (d) Not later than 30 days after such certification 
     pursuant to subsection (b), the Commandant shall submit to 
     the Committees on Appropriations of the Senate and House of 
     Representatives a report setting forth a proposed schedule 
     for the phased decommissioning of the Loran-C system 
     infrastructure in the event of the decommissioning of such 
     infrastructure in accordance to subsection (c).
       (e) If the Commandant makes the certification described in 
     subsection (b), the Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, may, 
     notwithstanding any other provision of law, sell any real and 
     personal property under the administrative control of the 
     Coast Guard and used for the Loran system, by directing the 
     Administrator of General Services to sell such real and

[[Page S7370]]

     personal property, subject to such terms and conditions that 
     the Secretary believes to be necessary to protect government 
     interests and program requirements of the Coast Guard: 
     Provided, That the proceeds, less the costs of sale incurred 
     by the General Services Administration, shall be deposited as 
     offsetting collections into the Coast Guard ``Environmental 
     Compliance and Restoration'' account and, subject to 
     appropriation, shall be available until expended for 
     environmental compliance and restoration purposes associated 
     with the Loran system, for the demolition of improvements on 
     such real property, and for the costs associated with the 
     sale of such real and personal property, including due 
     diligence requirements, necessary environmental remediation, 
     and reimbursement of expenses incurred by the General 
     Services Administration: Provided further, That after the 
     completion of such activities, the unexpended balances shall 
     be available for any other environmental compliance and 
     restoration activities of the Coast Guard.


                        border fence completion

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

              maritime transportation security information

       Sec. 564. (a) Short Title.--This section may be cited as 
     the ``American Communities' Right to Public Information 
     Act''.
       (b) In General.--Section 70103(d) of title 46, United 
     States Code, is amended to read as follows:
       ``(d) Nondisclosure of Information.--
       ``(1) In general.--Information developed under this chapter 
     is not required to be disclosed to the public, including--
       ``(A) facility security plans, vessel security plans, and 
     port vulnerability assessments; and
       ``(B) other information related to security plans, 
     procedures, or programs for vessels or facilities authorized 
     under this chapter.
       ``(2) Limitations.--Nothing in paragraph (1) shall be 
     construed to authorize the designation of information as 
     sensitive security information (as defined in section 1520.5 
     of title 49, Code of Federal Regulations)--
       ``(A) to conceal a violation of law, inefficiency, or 
     administrative error;
       ``(B) to prevent embarrassment to a person, organization, 
     or agency;
       ``(C) to restrain competition; or
       ``(D) to prevent or delay the release of information that 
     does not require protection in the interest of transportation 
     security, including basic scientific research information not 
     clearly related to transportation security.''.
       (c) Conforming Amendments.--
       (1) Section 114(r) of title 49, United States Code, is 
     amended by adding at the end thereof the following:
       ``(4) Limitations.--Nothing in this subsection, or any 
     other provision of law, shall be construed to authorize the 
     designation of information as sensitive security information 
     (as defined in section 1520.5 of title 49, Code of Federal 
     Regulations)--
       ``(A) to conceal a violation of law, inefficiency, or 
     administrative error;
       ``(B) to prevent embarrassment to a person, organization, 
     or agency;
       ``(C) to restrain competition; or
       ``(D) to prevent or delay the release of information that 
     does not require protection in the interest of transportation 
     security, including basic scientific research information not 
     clearly related to transportation security.''.
       (2) Section 40119(b) of title 49, United States Code, is 
     amended by adding at the end thereof the following:
       ``(3) Nothing in paragraph (1) shall be construed to 
     authorize the designation of information as sensitive 
     security information (as defined in section 15.5 of title 49, 
     Code of Federal Regulations)--
       ``(A) to conceal a violation of law, inefficiency, or 
     administrative error;
       ``(B) to prevent embarrassment to a person, organization, 
     or agency;
       ``(C) to restrain competition; or
       ``(D) to prevent or delay the release of information that 
     does not require protection in the interest of transportation 
     security, including basic scientific research information not 
     clearly related to transportation security.''.


                    definition of switchblade knives

       Sec. 565. Section 4 of the Act entitled ``An Act to 
     prohibit the introduction, or manufacture for introduction, 
     into interstate commerce of switchblade knives, and for other 
     purposes'' (commonly known as the Federal Switchblade Act) 
     (15 U.S.C. 1244) is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; or'' and
       (3) by adding at the end the following:
       ``(5) a knife that contains a spring, detent, or other 
     mechanism designed to create a bias toward closure of the 
     blade and that requires exertion applied to the blade by 
     hand, wrist, or arm to overcome the bias toward closure to 
     assist in opening the knife.''.

           federal deposit insurance act technical correction

       Sec. 566. (a) Applicable Annual Percentage Rate of 
     Interest.--Section 44(f)(1) of the Federal Deposit Insurance 
     Act (12 U.S.C. 1831u(f)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``(or in the case of a governmental entity located in such 
     State, paid)'' after ``received, or reserved''; and
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by striking 
     ``nondepository institution operating in such State'' and 
     inserting ``governmental entity located in such State or any 
     person that is not a depository institution described in 
     subparagraph (A) doing business in such State'';
       (B) by redesignating clause (ii) as clause (iii);
       (C) in clause (i)--
       (i) in subclause (III)--

       (I) in item (aa), by adding ``and'' at the end;
       (II) in item (bb), by striking ``, to facilitate'' and all 
     that follows through ``2009''; and
       (III) by striking item (cc); and

       (ii) by adding after subclause (III) the following:

       ``(IV) the uniform accessibility of bonds and obligations 
     issued under the American Recovery and Reinvestment Act of 
     2009;''; and

       (D) by inserting after clause (i) the following:
       ``(ii) to facilitate interstate commerce through the 
     issuance of bonds and obligations under any provision of 
     State law, including bonds and obligations for the purpose of 
     economic development, education, and improvements to 
     infrastructure; and''.
       (b) Effective Period.--The amendments made by this section 
     shall apply with respect to contracts consummated during the 
     period beginning on the date of enactment of this Act and 
     ending on December 31, 2010.

     detainee photographic records protection and open freedom of 
                            information act

       Sec. 567. (a) Detainee Photographic Records Protection.--
     (1) Short title.--This subsection may be cited as the 
     ``Detainee Photographic Records Protection Act of 2009''.
       (2) Definitions.--In this subsection:
       (A) Covered record.--The term ``covered record'' means any 
     record--

[[Page S7371]]

       (i) that is a photograph that--

       (I) was taken during the period beginning on September 11, 
     2001, through January 22, 2009; and
       (II) relates to the treatment of individuals engaged, 
     captured, or detained after September 11, 2001, by the Armed 
     Forces of the United States in operations outside of the 
     United States; and

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


                       administrative law judges

       Sec. 569. The administrative law judge annuitants 
     participating in the Senior Administrative Law Judge Program 
     managed by the Director of the Office of Personnel Management 
     under section 3323 of title 5, United States Code, shall be 
     available on a temporary reemployment basis to conduct 
     arbitrations of disputes as part of the arbitration panel 
     established by the President under section 601 of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5; 123 Stat. 164).

     proper disposal of personal information collected through the 
                      registered traveler program

       Sec. 570. (a) In General.--Any company that collects or 
     retains personal information directly from individuals who 
     participated in the Registered Traveler program shall 
     safeguard and dispose of such information in accordance with 
     the requirements in--
       (1) the National Institute for Standards and Technology 
     Special Publication 800-30, entitled ``Risk Management Guide 
     for Information Technology Systems''; and
       (2) the National Institute for Standards and Technology 
     Special Publication 800-53, Revision 3, entitled 
     ``Recommended Security Controls for Federal Information 
     Systems and Organizations,'';
       (3) any supplemental standards established by the Assistant 
     Secretary, Transportation Security Administration (referred 
     to in this section as the ``Assistant Secretary'').
       (b) Certification.--The Assistant Secretary shall require 
     any company through the sponsoring entity described in 
     subsection (a) to provide, not later than 30 days after the 
     date of the enactment of this Act, written certification to 
     the sponsoring entity that such procedures are consistent 
     with the minimum standards established under paragraph (a)(1-
     3) with a description of the procedures used to comply with 
     such standards.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Assistant Secretary shall submit a 
     report to Congress that--
       (1) describes the procedures that have been used to 
     safeguard and dispose of personal information collected 
     through the Registered Traveler program; and
       (2) provides the status of the certification by any company 
     described in subsection (a) that such procedures are 
     consistent with the minimum standards established by 
     paragraph (a)(1-3).


                         immigration provisions

       Sec. 571.  (a) Special Immigrant Nonminister Religious 
     Worker Program.--
       (1) Extension.--Section 101(a)(27)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1101 
     (a)(27)(C)(ii)), as amended by section 2(a) of the Special 
     Immigrant Nonminister Religious Worker Program Act (Public 
     Law 110-391), is amended by striking ``September 30, 2009'' 
     each place such term appears and inserting ``September 30, 
     2012''.
       (2) Study and plan.--Not later than the earlier of 90 days 
     after the date of the enactment of this Act or March 30, 
     2010, the Director of United States Citizenship and 
     Immigration Services shall submit a report to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that includes--
       (A) the results of a study conducted under the supervision 
     of the Director to evaluate the Special Immigrant Nonminister 
     Religious Worker Program to identify the risks of fraud and 
     noncompliance by program participants; and
       (B) a detailed plan that describes the actions to be taken 
     by the Department of Homeland Security against noncompliant 
     program participants and future noncompliant program 
     participants.
       (3) Progress report.--Not later than the earlier of 90 days 
     after the submission of the report under subsection (b) or 
     June 30, 2010, the Director of United States Citizenship and 
     Immigration Services shall submit a report to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that describes the 
     progress made in reducing the number of noncompliant 
     participants of the Special Immigrant Nonminister Religious 
     Worker Program.
       (b) Conrad State 30 J-1 Visa Waiver Program.--Section 
     220(c) of the Immigration and Nationality Technical 
     Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by 
     striking ``September 30, 2009'' and inserting ``September 30, 
     2012''.
       (c) Relief for Surviving Spouses.--
       (1) In general.--The second sentence of section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(2)(A)(i)) is amended by striking ``for at 
     least 2 years at the time of the citizen's death''.
       (2) Applicability.--
       (A) In general.--The amendment made by paragraph (1) shall 
     apply to all applications and petitions relating to immediate 
     relative status under section 201(b)(2)(A)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) 
     pending on or after the date of the enactment of this Act.
       (B) Transition cases.--
       (i) In general.--Notwithstanding any other provision of 
     law, an alien described in clause (ii)

[[Page S7372]]

     who seeks immediate relative status pursuant to the amendment 
     made by paragraph (1) shall file a petition under section 
     204(a)(1)(A)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(A)(ii)) not later than the date that is 2 
     years after the date of the enactment of this Act.
       (ii) Aliens described.--An alien is described in this 
     clause if--

       (I) the alien's United States citizen spouse died before 
     the date of the enactment of this Act;
       (II) the alien and the citizen spouse were married for less 
     than 2 years at the time of the citizen spouse's death; and
       (III) the alien has not remarried.

       (d) Humanitarian Consideration for Pending Petitions and 
     Applications.--
       (1) Amendment.--Section 204 of the Immigration and 
     Nationality Act (8 U.S.C. 1154) is amended by adding at the 
     end the following:
       ``(l) Humanitarian Consideration for Pending Petitions and 
     Applications.--
       ``(1) In general.--An alien described in paragraph (2) who 
     was the beneficiary or derivative beneficiary of a petition 
     (as defined in section 204, 207, or 208) filed on behalf of 
     the alien or principal beneficiary before the death of the 
     qualifying relative and who continues to reside in the United 
     States shall have such petition and any related or subsequent 
     applications for adjustment of status to that of a person 
     admitted for lawful permanent residence adjudicated as if the 
     death had not occurred, unless the Secretary of Homeland 
     Security determines, in the unreviewable discretion of the 
     Secretary, that approval would not be in the public interest.
       ``(2) Alien described.--An alien described in this 
     paragraph is an alien who, immediately prior to the death of 
     his or her qualifying relative, was--
       ``(A) an immediate relative (as described in section 
     201(b)(2)(A)(i));
       ``(B) a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(C) a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d));
       ``(D) a spouse or child of a refugee (as described in 
     section 207(c)(2)); or
       ``(E) an asylee (as described in section 208(b)(3)).''.
       (2) Construction.--Nothing in the amendment made by 
     paragraph (1) may be construed to limit or waive any ground 
     of removal, basis for denial of petition or application, or 
     other criteria for adjudicating petitions or applications as 
     otherwise provided under the immigration laws of the United 
     States other than ineligibility based solely on the lack of a 
     qualifying family relationship as specifically provided by 
     such amendment.
       Sec. 572. (a) The amount appropriated under the heading 
     ``Firefighter Assistance Grants'' under the heading ``Federal 
     Emergency Management Agency'' under by title III for 
     necessary expenses for programs authorized by the Federal 
     Fire Prevention and Control Act of 1974 is increased by 
     $10,000,000 for necessary expenses to carry out the programs 
     authorized under section 33 of that Act (15 U.S.C. 2229).
       (b) The total amount of appropriations under the heading 
     ``Aviation Security'' under the heading ``Transportation 
     Security Administration'' under title II, the amount for 
     screening operations and the amount for explosives detection 
     systems under the first proviso under that heading and the 
     amount for the purchase and installation of explosives 
     detection systems under the second proviso under that heading 
     are reduced by $4,500,000.
       (c) From the unobligated balances of amounts appropriated 
     before the date of enactment of this Act for the 
     appropriations account under the heading ``State and Local 
     Programs'' under the heading ``Federal Emergency Management 
     Agency'' for ``Trucking Industry Security Grants'', 
     $5,500,000 are rescinded.
       Sec. 573.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act: Provided, That the prescription drug may 
     not be--


       proper awarding of incentive fees for contract performance

       Sec. 574. Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or performance that does not meet 
     the basic requirements of a contract.
       Sec. 575.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of 
     Homeland Security to enter into any federal contract unless 
     such contract is entered into in accordance with the 
     requirements of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation, unless such contract is otherwise authorized by 
     statute to be entered into without regard to the above 
     referenced statutes.


              checking the immigration status of employees

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

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