[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 2142

Public Law 111-83
111th Congress

An Act


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

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

TITLE I

DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $147,818,000: 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 $15,000,000 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: Provided further, That all official costs associated
with the use of government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the Deputy
Secretary shall be paid from amounts made available for the Immediate
Office of the Secretary and the Immediate Office of the Deputy
Secretary.

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), $254,190,000, of which
not less than $1,000,000 shall be for logistics training; and of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $5,500,000 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

[[Page 2143]]
123 STAT. 2143

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), $60,530,000, 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 such expenditure plan shall include each specific
project funded, key milestones, all funding sources for each project,
details of annual and lifecycle costs, and projected cost savings or
cost avoidance to be achieved by the project.

Analysis and Operations

For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $335,030,000, of which not
to exceed $5,000 shall be for official reception and representation
expenses; and of which $190,862,000 shall remain available until
September 30, 2011: <> Provided,
That none of the funds provided in this or any other Act shall be
available to commence operations of the National Immigration Information
Sharing Operation or any follow-on entity until the Secretary certifies
that such program

[[Page 2144]]
123 STAT. 2144

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 operations of the National Immigration
Information Sharing Operation or any follow-on entity pursuant to
section 503 of this Act.

Office of the Federal Coordinator for Gulf Coast Rebuilding

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

Office of Inspector General

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $113,874,000, 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; $8,064,713,000, 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; of which not to exceed $1,000,000 shall be
for awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland Security; and of
which not more than $800,000 shall be for procurement of portable solar
charging rechargeable battery
systems: <> Provided, That for fiscal year 2010,

[[Page 2145]]
123 STAT. 2145

the overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any employee of
U.S. Customs and Border Protection for overtime, from whatever source,
in an amount that exceeds such limitation, except in individual cases
determined by the Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to prevent
excessive costs, or in cases of immigration emergencies: Provided
further, That of the total amount provided, $1,700,000 shall remain
available until September 30, 2011, for the Global Advanced Passenger
Information/Passenger Name Record Program.

automation modernization

For expenses for U.S. Customs and Border Protection automated
systems, $422,445,000, to remain available until expended, of which not
less than $227,960,000 shall be for the development of the Automated
Commercial Environment: <> Provided, That of
the total amount made available under this heading, $50,000,000 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
total amount made available under this heading, $75,000,000 shall not be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure,
prepared by the Secretary of Homeland Security, reviewed by the
Government Accountability Office, and submitted not later than 90 days
after the date of the enactment of this Act, for a program to establish
and maintain a security barrier along the borders of the United States,
of fencing and vehicle barriers where practicable, and of other forms of
tactical infrastructure and technology, that includes--
(1) a detailed accounting of the program's implementation to
date for all investments, including technology and tactical
infrastructure, for funding already expended relative to system
capabilities or services, system performance levels, mission
benefits and outcomes, milestones, cost targets, program
management capabilities, identification of the maximum
investment, including life-cycle costs, related to the Secure
Border Initiative program or any successor program, and
description of the methodology used to obtain these cost
figures;
(2) a description of how specific projects will further the
objectives of the Secure Border Initiative, as defined in the
Department of Homeland Security Secure Border Plan, and how the
expenditure plan allocates funding to the highest priority
border security needs;
(3) an explicit plan of action defining how all funds are to
be obligated to meet future program commitments, with the
planned expenditure of funds linked to the milestone-based


[[Page 2146]]
123 STAT. 2146

delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(4) an identification of staffing, including full-time
equivalents, contractors, and detailees, by program office;
(5) a description of how the plan addresses security needs
at the Northern border and ports of entry, including
infrastructure, technology, design and operations requirements,
specific locations where funding would be used, and priorities
for Northern border activities;
(6) a report on budget, obligations and expenditures, the
activities completed, and the progress made by the program in
terms of obtaining operational control of the entire border of
the United States;
(7) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to the
program and the status of Department of Homeland Security
actions to address the recommendations, including milestones to
fully address such recommendations;
(8) a certification by the Chief Procurement Officer of the
Department including all supporting documents or memoranda, and
documentation and a description of the investment review
processes used to obtain such certifications, that--
(A) the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital
planning and investment control requirements and reviews
established by the Office of Management and Budget,
including as provided in Circular A-11, part 7;
(B) the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken
to address areas of non-compliance, the risks associated
with such actions, together with any plans for
addressing these risks, and the status of the
implementation of such actions; and
(C) procedures to prevent conflicts of interest
between the prime integrator and major subcontractors
are established and that the Secure Border Initiative
Program Office has adequate staff and resources to
effectively manage the Secure Border Initiative program
and all contracts under such program, including the
exercise of technical oversight;
(9) a certification by the Chief Information Officer of the
Department including all supporting documents or memoranda, and
documentation and a description of the investment review
processes used to obtain such certifications that--
(A) the system architecture of the program has been
determined to be sufficiently aligned with the
information systems enterprise architecture of the
Department to minimize future rework, including a
description of all aspects of the architectures that
were or were not assessed in making the alignment
determination, the date of the alignment determination,
and any known areas of misalignment together with the
associated risks and corrective actions to address any
such areas;
(B) the program has a risk management process that
regularly and proactively identifies, evaluates,
mitigates,


[[Page 2147]]
123 STAT. 2147

and monitors risks throughout the system life-cycle and
communicates high-risk conditions to U.S. Customs and
Border Protection and Department of Homeland Security
investment decision-makers, as well as a listing of all
the program's high risks and the status of efforts to
address such risks; and
(C) an independent verification and validation agent
is currently under contract for the projects funded
under this heading;
(10) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the Secure Border
Initiative program are being addressed so as to ensure adequate
staff and resources to effectively manage the Secure Border
Initiative; and
(11) an analysis by the Secretary for each segment, defined
as not more than 15 miles, of fencing or tactical
infrastructure, of the selected approach compared to other,
alternative means of achieving operational control, including
cost, level of operational control, possible unintended effects
on communities, and other factors critical to the decisionmaking
process:

<> Provided further, That the Secretary shall
report to the Committees on Appropriations of the Senate and the House
of Representatives on the progress of the program, and obligations and
expenditures for all outstanding task orders, as well as specific
objectives to be achieved through the award of current and remaining
task orders planned for the balance of available appropriations, at
least 15 days before the award of any task order requiring an obligation
of funds in an amount greater than $25,000,000 and before the award of a
task order that would cause cumulative obligations of funds to exceed 50
percent of the total amount appropriated: Provided
further, <>  That none of the funds made available
under this heading may be obligated unless the Department has complied
with section 102(b)(1)(C)(i) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and the
Secretary certifies such to the Committees on Appropriations of the
Senate and the House of Representatives: <> Provided further,
That none of the funds made available under this heading may be
obligated for any project or activity for which the Secretary has
exercised waiver authority pursuant to section 102(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) until 15 days have elapsed from the date of the publication
of the decision in the Federal Register.

air and marine interdiction, operations, maintenance, and procurement

For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments for
facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State,

[[Page 2148]]
123 STAT. 2148

and local agencies in other law enforcement and emergency humanitarian
efforts, $519,826,000, 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, immigration, and border
security, $319,570,000, to remain available until expended; of which
$39,700,000 shall be for constructing and equipping the Advanced
Training Center; and of which not more than $3,500,000 shall be for
acquisition, design, and construction of U.S. Customs and Border
Protection Air and Marine facilities at El Paso International Airport,
Texas: <> 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 delineated by land port of entry.

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;
$5,342,134,000, 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

[[Page 2149]]
123 STAT. 2149

be for activities in fiscal year 2010 to enforce laws against forced
child labor, of which not to exceed $6,000,000 shall remain available
until expended: <> Provided further, That of the total
amount available, not less than $1,500,000,000 shall be available to
identify aliens convicted of a crime who may be deportable, and to
remove them from the United States once they are judged deportable, of
which $200,000,000 shall remain available until September 30,
2011: <>  Provided further, That the
Secretary, or the designee of the Secretary, shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than 45 days after the end of each quarter of
the fiscal year, on progress in implementing the preceding proviso and
the funds obligated during that quarter to make that progress: Provided
further, <> That the Secretary shall prioritize the
identification and removal of aliens convicted of a crime by the
severity of that crime: <> Provided further, That
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 $2,545,180,000
is for detention and removal operations, including transportation of
unaccompanied minor aliens: Provided further, That of the total amount
provided, $7,300,000 shall remain available until September 30, 2011,
for the Visa Security Program: Provided
further, <> That none of the funds provided under
this heading may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been violated: Provided
further, <> That none of the funds provided under this
heading may be used to continue any contract for the provision of
detention services if the two most recent overall performance
evaluations received by the contracted facility are less than
``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under this
heading shall prevent U.S. Immigation and Customs Enforcement from
exercising those authorities provided under immigration laws (as defined
in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens convicted
of a crime: <>  Provided further, That none
of the funds provided under this heading may be obligated to collocate
field offices of U.S. Immigration and Customs Enforcement until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a plan for
the nationwide implementation of the Alternatives to Detention Program
that identifies: (1) the funds required for nationwide program
implementation; (2) the timeframe for achieving nationwide program
implementation; and (3) an estimate of the number of individuals who
could be enrolled in a nationwide program.

automation modernization

(including transfer of funds)

For expenses of immigration and customs enforcement automated
systems, $90,000,000, to remain available until expended:
Provided, <> That of the funds made available
under this heading,

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123 STAT. 2150

$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:
Provided further, That of the total amount provided under this heading,
up to $10,000,000 may be transferred to U.S. Immigration and Customs
Enforcement ``Salaries and Expenses'' account for data center migration.

construction

For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration, $4,818,000,
to remain available until expended: <>
Provided, That none of the funds made available in this Act may be used
to solicit or consider any request to privatize facilities currently
owned by the United States Government and used to detain aliens
unlawfully present in the United States until the Committees on
Appropriations of the Senate and the House of Representatives receive a
plan for carrying out that privatization.

Transportation Security Administration

aviation security

For necessary expenses of the Transportation Security Administration
related to providing civil aviation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $5,214,040,000, 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 $4,358,076,000
shall be for screening operations, of which $1,116,406,000 shall be
available for explosives detection systems; and not to exceed
$855,964,000 shall be for aviation security direction and
enforcement: <>  Provided further,
That of the amount made available in the preceding proviso for
explosives detection systems, $778,300,000 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 airport's 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 of the total amount provided,
$1,250,000 shall be made available for Safe Skies Alliance to develop
and enhance research and training capabilities for Transportation
Security Officer improvised explosive recognition
training: <> Provided further, That security service fees
authorized under section 44940 of title 49, United States Code, shall be
credited to this appropriation as offsetting collections and shall be
available only for aviation security: Provided further, That 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
$3,114,040,000: Provided further, That any security service fees
collected in excess

[[Page 2151]]
123 STAT. 2151

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,
$110,516,000, 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), $1,001,780,000, to remain
available until September 30, 2011: <>
Provided, That of the funds appropriated under this heading, $20,000,000
may not be obligated for headquarters administration until the Secretary
of Homeland Security submits to the Committees on Appropriations of the
Senate and the House of Representatives detailed expenditure plans for
air cargo security, and for checkpoint support and explosives detection
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2010: <>  Provided
further, That these plans shall be submitted no later than 60 days after
the date of enactment of this Act.

federal air marshals

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

Coast Guard

operating expenses

For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement only;
purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $26,000,000; minor
shore construction projects not

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123 STAT. 2152

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; $6,805,391,000, of which $581,503,000 shall
be for defense-related activities, of which $241,503,000 is 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, $50,000,000 shall be withheld from
obligation for Headquarters Directorates until: (1) the fiscal year 2010
second quarter acquisition report required by Public Law 108-7 and the
fiscal year 2008 joint explanatory statement accompanying Public Law
110-161; (2) the Revised Deepwater Implementation Plan; and (3) the
future-years capital investment plan for fiscal years 2011-2015 are
received by the Committees on Appropriations of the Senate and the House
of Representatives: Provided further, That funds made available under
this heading 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, may be
allocated by program, project, and activity, notwithstanding section 503
of this Act.

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,

[[Page 2153]]
123 STAT. 2153

and aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,537,080,000, 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 $121,000,000 shall be available until September
30, 2014, to acquire, repair, renovate, or improve vessels, small boats,
and related equipment; of which $129,500,000 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 $1,154,280,000
shall be available until September 30, 2014, for the Integrated
Deepwater Systems program: Provided, That of the funds made available
for the Integrated Deepwater Systems program, $269,000,000 is for
aircraft and $730,680,000 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 such legacy assets; a detailed explanation of
how the costs of such legacy assets are being accounted for within the
Integrated Deepwater Systems program; and the earned value management
system gold card data for each Integrated Deepwater Systems program
asset: <> Provided further,
That the Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, in conjunction with the
fiscal year 2011 budget request, a comprehensive review of the Revised
Deepwater Implementation Plan, and every 5 years thereafter, that
includes a complete projection of the acquisition costs and schedule for
the duration of the plan: <> 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

[[Page 2154]]
123 STAT. 2154

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;
$24,745,000, to remain available until expended, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for
the purposes of this appropriation funds received from State and local
governments, other public authorities, private sources, and foreign
countries for expenses incurred for research, development, testing, and
evaluation.

retired pay

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

United States Secret Service

salaries and expenses

For necessary expenses of the United States Secret Service,
including: purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of Columbia, and
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may be
necessary to perform protective functions; payment

[[Page 2155]]
123 STAT. 2155

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; $1,478,669,000, 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 for
protective travel shall remain available until September 30, 2011:
Provided further, That up to $1,000,000 for National Special Security
Events shall remain available until expended: Provided further, That the
United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as
defined in section 105 of title 5, United States Code, receiving
training sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: <> Provided further, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the designee
of the Secretary, may waive that amount as necessary for national
security purposes: Provided further, That none of the funds made
available to the United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of the head
of a Federal agency other than the Secretary of Homeland Security:
Provided further, That the Director of the United States Secret Service
may enter into an agreement to perform such service on a fully
reimbursable basis: Provided further, That of the total amount made
available under this heading, $33,960,000, to remain available until
expended, is for information technology
modernization: <> Provided further, That
none of the funds made available in the preceding proviso shall be
obligated to purchase or install information technology equipment until
the Chief Information Officer of the Department of Homeland Security
submits a report to the Committees on Appropriations of the Senate and
the House of Representatives certifying that all plans for such
modernization are consistent with Department of Homeland Security data
center migration and enterprise architecture
requirements: <> Provided further, That
none of the funds made available to the United States Secret Service by
this Act or by previous appropriations Acts may be obligated for the
purpose of opening a new permanent domestic or overseas office or
location unless the Committees on Appropriations of the

[[Page 2156]]
123 STAT. 2156

Senate and the House of Representatives are notified 15 days in advance
of such obligation.

acquisition, construction, improvements, and related expenses

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

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

management and administration

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

infrastructure protection and information security

For necessary expenses for infrastructure protection and information
security programs and activities, as authorized by title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $899,416,000, of
which $760,155,000 shall remain available until September 30,
2011: <>  Provided, That of the amount made
available under this heading, $161,815,000 may not be obligated for the
National Cyber Security Division program and $12,500,000 may not be
obligated for the Next Generation Networks program until the Committees
on Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure for each of these programs that
describes the strategic context of the program, the specific goals and
milestones set for the program, and the funds allocated to achieving
each of those goals and milestones: Provided further, That of the total
amount provided, no less than: $20,000,000 is for the National
Infrastructure Simulation and Analysis Center; $1,000,000 is for
Philadelphia infrastructure monitoring; $3,500,000 is for State and
local cyber security training; $3,000,000 is for the Power and Cyber
Systems Protection, Analysis, and Testing Program at the Idaho National
Laboratory; $3,500,000 is for the Cyber Security Test Bed and Evaluation
Center; $3,000,000 is for the Multi-State Information Sharing and
Analysis Center; $500,000 is for the Virginia Operational Integration
Cyber Center of Excellence; $100,000 is for the Upstate New York Cyber
Initiative; and $1,000,000 is for interoperable communications,
technical assistance, and outreach programs.

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,

[[Page 2157]]
123 STAT. 2157

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'').

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), $373,762,000, 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 that meets the statutory conditions specified
under this heading in Public Law 110-329: 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.

Office of Health Affairs

For necessary expenses of the Office of Health Affairs,
$139,250,000, of which $30,411,000 is for salaries and expenses:
Provided, That $108,839,000 shall remain available until September 30,
2011, for biosurveillance, BioWatch, medical readiness planning,
chemical response, and other activities, including $5,000,000 for the
North Carolina Collaboratory for Bio-Preparedness, University of North
Carolina, Chapel Hill: Provided further, That not to exceed $3,000 shall
be for official reception and representation expenses.

Federal Emergency Management Agency

management and administration

For necessary expenses for management and administration of the
Federal Emergency Management Agency, $797,650,000, 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

[[Page 2158]]
123 STAT. 2158

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, not to exceed $36,300,000 shall remain
available until September 30, 2011, for capital improvements at the
Mount Weather Emergency Operations Center: 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,
$3,015,200,000 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: <> Provided further, That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2010, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) <> $887,000,000 shall be for the
Urban Area Security Initiative under section 2003 of the
Homeland Security Act of 2002 (6 U.S.C. 604), of which,
notwithstanding subsection (c)(1) of such section, $19,000,000
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) $41,000,000 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) $13,000,000 shall be for the Citizen Corps Program.
(6) $300,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance, under sections

[[Page 2159]]
123 STAT. 2159

1406 and 1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135 and
1163), of which not less than $20,000,000 shall be for Amtrak
security: Provided, That such public transportation security
assistance shall be provided directly to public transportation
agencies.
(7) $300,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C.
70107(c).
(8) $12,000,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law
110-53; 6 U.S.C. 1182).
(9) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(10) $50,000,000 shall be for the Driver's License Security
Grants Program in accordance with section 204 of the REAL ID Act
of 2005 (49 U.S.C. 30301 note).
(11) $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).
(12) $60,000,000 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)
to remain available until expended, of which no less than the
amount specified for each Emergency Operations Center shall be
provided as follows: $500,000, Benton County Emergency
Management Commission, Iowa; $100,000, Brazoria County Emergency
Management, Texas; $800,000, Butte-Silver Bow, Montana;
$338,000, Calvert County Department of Public Safety, Maryland;
$425,000, City of Alamosa Fire Department, Colorado; $600,000,
City of Ames, Iowa; $250,000, City of Boerne, Texas; $500,000,
City of Brawley, California; $300,000, City of Brigantine, New
Jersey; $350,000, City of Brookings, Oregon; $1,000,000, City of
Chicago, Illinois; $1,000,000, City of Commerce, California;
$300,000, City of Cupertino, California; $1,000,000, City of
Detroit, Michigan; $750,000, City of Elk Grove, California;
$400,000, City of Green Cove Springs, Florida; $600,000, City of
Greenville, North Carolina; $300,000, City of Hackensack, New
Jersey; $800,000, City of Hartford, Connecticut; $250,000, City
of Hopewell, Virginia; $254,500, City of La Habra, California;
$600,000, City of Las Vegas, Nevada; $750,000, City of
Lauderdale Lakes, Florida; $750,000, City of Minneapolis,
Minnesota; $375,000, City of Monterey Park, California;
$400,000, City of Moreno Valley, California; $1,000,000, City of
Mount Vernon, New York; $1,000,000, City of Newark, New Jersey;
$900,000, City of North Little Rock, Arkansas; $350,000, City of
Palm Coast, Florida; $750,000, City of Port Gibson, Mississippi;
$500,000, City of Scottsdale, Arizona; $750,000, City of
Sunrise, Florida; $500,000, City of Tavares, Florida; $400,000,
City of Torrington, Connecticut; $900,000, City of Whitefish,
Montana; $500,000, City of Whittier, California; $500,000, City
of Wichita, Kansas; $500,000, Columbia County, Oregon; $500,000,
County of Union, New Jersey; $400,000, Dorchester County, South
Carolina; $200,000, Fulton County (Atlanta) Emergency Management
Agency, Georgia; $250,000, Howell County Emergency Preparedness,
Missouri; $500,000, Jackson County Sheriff's Office, Missouri;

[[Page 2160]]
123 STAT. 2160

$750,000, Johnson County, Texas; $500,000, Kentucky Emergency
Management, Kentucky; $800,000, Lake County, Florida; $600,000,
Lea County, New Mexico; $1,000,000, Lincoln County, Washington;
$250,000, Lycoming County, Pennsylvania; $250,000, Macomb County
Emergency Management and Communications, Michigan; $300,000,
Mercer County Emergency Management Agency, Kentucky; $1,000,000,
Middle Rio Grande Development Council, Texas; $250,000, Minooka
Fire Protection District, Illinois; $800,000, Mobile County
Commission, Alabama; $200,000, Monroe County, Florida;
$1,000,000, Morris County, New Jersey Office of Emergency
Management, New Jersey; $750,000, New Orleans Emergency Medical
Services, Louisiana; $1,000,000, North Carolina Office of
Emergency Management, North Carolina; $500,000, North Hudson
Regional Fire and Rescue, New Jersey; $980,000, North Louisiana
Regional, Lincoln Parish, Louisiana; $1,500,000, Ohio Emergency
Management Agency, Columbus, Ohio; $250,000, Passaic County
Prosecutor's Office, New Jersey; $980,000, City of Providence,
Rhode Island; $800,000, San Francisco Department of Emergency
Management, California; $300,000, Sarasota County, Florida;
$650,000, Scotland County, North Carolina; $500,000, Somerset
County, Maine; $1,500,000, State of Maryland, Maryland;
$158,000, City of Maitland, Florida; $500,000, Tohono O'odham
Nation; $75,000, Towamencin Township, Pennsylvania; $275,000,
Town of Harrison, New York; $500,000, Town of Shorter, Alabama;
$750,000, Township of Irvington, New Jersey; $500,000, Township
of Old Bridge, New Jersey; $247,000, Township of South Orange
Village, South Orange, New Jersey; $500,000, Upper Darby
Township Police Department, Pennsylvania; $165,000, Village of
Elmsford, New York; $350,000, Washington Parish Government,
Louisiana; $900,000, Westmoreland County Department of Public
Safety, Pennsylvania; $1,000,000, Williamsburg County, South
Carolina; and $20,000, Winston County Commission, Alabama.
(13) $267,200,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $164,500,000 shall be for the National Domestic
Preparedness Consortium in accordance with section 1204
of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1102), of which
$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 Natural
Disaster Preparedness Training Center, University of
Hawaii, Honolulu, Hawaii; $5,000,000 shall be for
surface transportation emergency preparedness and
response training to be awarded under full and open
competition;
(B) $1,700,000 shall be for the Center for
Counterterrorism and Cyber Crime, Norwich University,
Northfield, Vermont; and

[[Page 2161]]
123 STAT. 2161

(C) $3,000,000 shall be for the Rural Domestic
Preparedness Consortium, Eastern Kentucky University:

<> Provided, That 4 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 after 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 (11), 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, and (b) the head of the Center
for Domestic Preparedness shall ensure that any training provided under
(a) does not interfere with the primary mission of the Center to train
State and local emergency response providers.

firefighter assistance grants

For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$810,000,000, of which $390,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2011: <>  Provided, That not to exceed 5 percent of the amount
available under this heading shall be available for program
administration, and an expenditure plan for program administration shall
be provided to the Committees on Appropriations of the Senate and the
House of Representatives within 60 days of the date of enactment of this
Act.

[[Page 2162]]
123 STAT. 2162

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.), $340,000,000: <> Provided, That total administrative costs shall not
exceed 3 percent of the total amount appropriated under this heading,
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.

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 transfers 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.),
$1,600,000,000, to remain available until expended: <>  Provided, That the Federal Emergency Management
Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing
the use of the funds for disaster readiness and support within 60 days
after the date of enactment of this Act: <>
Provided further, That the Federal Emergency Management Agency shall
submit to such Committees a quarterly report detailing obligations
against the expenditure plan and a justification for any changes in
spending: Provided further, That of the total amount provided,
$16,000,000 shall be transferred to the Department of Homeland Security
Office of Inspector General for audits and investigations related to
disasters, subject to section 503 of this Act: Provided further, That

[[Page 2163]]
123 STAT. 2163

$105,600,000 shall 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 expenditure 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.), $146,000,000, 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 $38,680,000 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

[[Page 2164]]
123 STAT. 2164

National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as an offsetting collection to this account, to be available
for flood plain management and flood mapping: Provided further, That in
fiscal year 2010, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in excess
of: (1) $85,000,000 for operating expenses; (2) $969,370,000 for
commissions and taxes of agents; (3) such sums as are necessary for
interest on Treasury borrowings; and (4) $120,000,000, which shall
remain available until expended for flood mitigation actions, of which
$70,000,000 is for severe repetitive loss properties under section 1361A
of the National Flood Insurance Act of 1968 (42 U.S.C. 4102a), of which
$10,000,000 is for repetitive insurance claims properties under section
1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030), and
of which $40,000,000 is for flood mitigation assistance under section
1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c)
notwithstanding subparagraphs (B) and (C) of subsection (b)(3) and
subsection (f) of section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7) of section
1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017):
Provided further, That amounts collected under section 102 of the Flood
Disaster Protection Act of 1973 and section 1366(i) of the National
Flood Insurance Act of 1968 shall be deposited in the National Flood
Insurance Fund to supplement other amounts specified as available for
section 1366 of the National Flood Insurance Act of 1968,
notwithstanding 42 U.S.C. 4012a(f)(8), 4104c(i), and 4104d(b)(2)-(3):
Provided further, That total administrative costs shall not exceed 4
percent of the total appropriation.

national predisaster mitigation fund

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

emergency food and shelter

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

TITLE IV

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship and Immigration Services

For necessary expenses for citizenship and immigration services,
$224,000,000, of which $50,000,000 is for processing applications for
asylum or refugee status; of which $5,000,000 is for the processing of
military naturalization applications; and of which $137,000,000 is for
the basic pilot program (E-Verify Program),

[[Page 2165]]
123 STAT. 2165

as authorized by section 402 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist
United States employers with maintaining a legal workforce: Provided,
That of the amounts made available for the basic pilot program (E-Verify
Program), $30,000,000 shall remain available until September 30, 2011:
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, and dispose of up to five vehicles, for
replacement only, for areas where the Administrator of General Services
does not provide vehicles for lease: Provided further, That the Director
of United States Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to travel
between the employees' residences and places of
employment: <> Provided further, That none of the funds made available
under this heading may be obligated for processing applications for
asylum or refugee status unless the Secretary of Homeland Security has
published a final rule updating part 103 of title 8, Code of Federal
Regulations, to discontinue the asylum/refugee
surcharge: <> Provided further, That none of
the funds made available under this heading may be obligated for
development of the ``REAL ID hub'' until the Committees on
Appropriations of the Senate and the House of Representatives receive a
plan for expenditure for that program that describes the strategic
context of the program, the specific goals and milestones set for the
program, and the funds allocated for achieving each of these goals and
milestones: <> Provided further, That none of the funds
made available in this Act for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.

Federal Law Enforcement Training Center

salaries and expenses

For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law enforcement
basic training; the purchase of not to exceed 117 vehicles for police-
type use and hire of passenger motor vehicles; expenses for student
athletic and related activities; the conduct of and participation in
firearms matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training; room and
board for student interns; a flat monthly reimbursement to employees
authorized to use personal mobile phones for official duties; and
services as authorized by section 3109 of title 5, United States Code;
$239,356,000, of which up to $47,751,000 shall remain available until
September 30, 2011, for materials and support costs of Federal law
enforcement basic training; of which $300,000 shall remain available
until expended for Federal law enforcement agencies participating in
training accreditation, to be distributed as determined by the Federal
Law Enforcement Training Center for the needs of participating agencies;
and of which not to exceed $12,000 shall be for official reception and
representation expenses: Provided, That the Center is authorized to
obligate funds in anticipation of reimbursements from agencies receiving
training sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed

[[Page 2166]]
123 STAT. 2166

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.); $863,271,000, of which
$713,083,000, to remain available until September 30, 2012; and of which
$150,188,000, to remain available until September 30, 2014, solely for
Laboratory Facilities: 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 shall be 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,

[[Page 2167]]
123 STAT. 2167

That not less than $10,000,000 shall be available for the National
Institute for Hometown Security, Kentucky: Provided further, That not
less than $2,000,000 shall be available for the Naval Postgraduate
School: Provided further, That not less than $1,000,000 shall be
available to continue a homeland security research, development, and
manufacturing pilot project: Provided further, That not less than
$500,000 shall be available for a demonstration project to develop
situational awareness and decision support capabilities through remote
sensing technologies: Provided further, That not less than $4,000,000
shall be available for a pilot program to develop a replicable port
security system that would improve maritime domain awareness: Provided
further, That $32,000,000 shall be for the National Bio- and Agro-
defense Facility, of which up to $2,000,000 may be obligated for the
National Academy of Sciences to complete the Letter Report required in
section 560(b) of this Act.

Domestic Nuclear Detection Office

management and administration

For salaries and expenses of the Domestic Nuclear Detection Office
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) as amended, for management and administration of
programs and activities, $38,500,000: 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, $324,537,000, to
remain available until September 30, 2012.

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, $20,000,000, to remain available
until September 30, 2012: <> 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 by such obligation: 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.

[[Page 2168]]
123 STAT. 2168

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 joint explanatory
statement accompanying this Act, unless the Committees on Appropriations
of the Senate and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.

(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or expenditure
in fiscal year 2010, or provided from any accounts in the Treasury of
the United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress, unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming of
funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be

[[Page 2169]]
123 STAT. 2169

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, grant award, contract award, Other Transaction Agreement, a
task or delivery order on a Department of Homeland Security multiple
award contract, 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


[[Page 2170]]
123 STAT. 2170

determines that compliance with this section would pose a substantial
risk to human life, health, or safety, an award may be made without
notification and the Committees on Appropriations of the Senate and the
House of Representatives shall be notified not later than 5 full
business days after such an award is made or letter issued: Provided
further, That no notification shall involve funds that are not available
for obligation: Provided further, That the notification shall include
the amount of the award, the fiscal year for which the funds for the
award were appropriated, and the account from which the funds are being
drawn: <> Provided further, That the Federal
Emergency Management Agency shall brief the Committees on Appropriations
of the Senate and the House of Representatives 5 full business days in
advance of announcing publicly the intention of making an award under
``State and Local Programs''.

Sec. 508. <>  Notwithstanding any other provision
of law, no agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
Senate and the House of Representatives, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.

Sec. 509.  None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510. <>  Sections 519, 520, 522, 528,
530, and 531 of the Department of Homeland Security Appropriations Act,
2008 (division E of Public Law 110-161; 121 Stat. 2072, 2073, 2074,
2082) shall apply with respect to funds made available in this Act in
the same manner as such sections applied to funds made available in that
Act.

Sec. 511.  None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
Sec. 512.  None of the funds 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. 513.  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. 514. <>
(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 is met.

[[Page 2171]]
123 STAT. 2171

(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.
(c) Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a report
on how the Transportation Security Administration plans to meet the
requirement for screening all air cargo on passenger aircraft by the
deadline under section 44901(g) of title 49, United States Code. The
report shall identify the elements of the system to screen 100 percent
of cargo transported between domestic airports at a level of security
commensurate with the level of security for the screening of passenger
checked baggage.
Sec. 515. <>  Within 45 days after the end
of each month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing report
for that month that includes total obligations, on-board versus funded
full-time equivalent staffing levels, and the number of contract
employees for each office of the Department.

Sec. 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, 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 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) None of the funds provided by this or any other Act
may be obligated for the development, testing, deployment, or operation
of any portion of a human resources management system authorized by
section 9701(a) of title 5, United States Code, or by regulations
prescribed pursuant to such section, for an employee, as that term is
defined in section 7103(a)(2) of such title.
(b) <>  The Secretary of Homeland Security
shall collaborate with employee representatives in the manner prescribed
in section 9701(e) of title 5, United States Code, in the planning,
testing, and development of any portion of a human resources management
system that is developed, tested, or deployed for persons excluded from
the definition of employee as that term is defined in section 7103(a)(2)
of such title.

Sec. 519.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2009'' and inserting ``2010''.

[[Page 2172]]
123 STAT. 2172

Sec. 520. <>  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. 521. (a) Except as provided in
subsection (b), none of the funds appropriated in this or any other Act
to the Office of the Secretary and Executive Management, the Office of
the Under Secretary for Management, or the Office of the Chief Financial
Officer, may be obligated for a grant or contract funded under such
headings by any means other than full and open competition.

(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.

(c)(1) <> Subject to paragraph (2), the
Secretary of Homeland Security may waive the application of this section
for the award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health or
welfare.

(2) <> Not later than 5 days after
the date on which the Secretary of Homeland Security issues a waiver
under this subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and the House
of Representatives, including a description of the applicable contract
and an explanation of why the waiver authority was used. The Secretary
may not delegate the authority to grant such a waiver.

(d) <> In addition to the requirements established by
subsections (a), (b), and (c) of this section, the Inspector General of
the Department of Homeland Security shall review departmental contracts
awarded through means other than a full and open competition to assess
departmental compliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected contracts awarded in
the previous fiscal year through means other than a full and open
competition: Provided further, That in selecting which contracts to
review, the Inspector General shall consider the cost and complexity of
the goods and services to be provided under the contract, the
criticality of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems
relevant: <> Provided further, That the
Inspector General shall report the results of the reviews to the
Committees on Appropriations of the Senate and the House of
Representatives no later than February 5, 2010.

Sec. 522.  <> Except as provided in
paragraphs (1) and (2) of this section, none of the funds provided by
this or previous appropriations Acts shall be used to fund any position
designated as

[[Page 2173]]
123 STAT. 2173

a Principal Federal Official, or any successor position, for any Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) declared disasters or emergencies--
(1) The Secretary of Homeland Security may waive the
application of this section provided that any field position
appointed pursuant to this waiver shall not hold the title of
Principal Federal Official, shall functionally report through
the Federal Coordinating Officer appointed under section 302 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5143), and shall be subject to the provisions of
subsection (c) of section 319 of title 6, United States Code.
The Secretary may not delegate the authority to grant such a
waiver.
(2) <> Not later than 10
business days after the date on which the Secretary of Homeland
Security issues a waiver under this section, the Secretary shall
submit notification of that waiver to the Committees on
Appropriations of the Senate and the House of Representatives,
the Transportation and Infrastructure Committee of the House of
Representatives, and the Homeland Security and Governmental
Affairs Committee of the Senate explaining the circumstances
necessitating the waiver, describing the specific role of any
officials appointed pursuant to the waiver, and outlining
measures taken to ensure compliance with subsection (c) of
section 319 and subsections (c)(3) and (c)(4)(A) of section 313
of title 6, United States Code.

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.  None of the funds provided in this Act shall be available
to carry out section 872 of the Homeland Security Act of 2002 (6 U.S.C.
452).
Sec. 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.

[[Page 2174]]
123 STAT. 2174

Sec. 528.  <> 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 is fully
utilized as the Department's primary data storage center at the highest
capacity throughout the fiscal year.

Sec. 529.  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. 530.  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. 531.  Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2009'' and inserting ``Until September 30, 2010,''; and
(2) in subsection (d)(1), by striking ``September 30,
2009,'' and inserting ``September 30, 2010,''.

Sec. 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 (E-Verify 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. <> The Secretary of Homeland
Security, in consultation with the Secretary of the Treasury, shall
notify the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available under
subsection (g)(4)(B) of title 31, Unites States Code (as added by Public
Law

[[Page 2175]]
123 STAT. 2175

102-393) from the Department of the Treasury Forfeiture Fund to any
agency within the Department of Homeland Security: Provided, That none
of the funds identified for such a transfer may be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives approve the proposed transfers.

Sec. 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.  <> If the Assistant Secretary of
Homeland Security (Transportation Security Administration) determines
that an airport does not need to participate in the basic pilot program
(E-Verify Program) under section 402 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the
Assistant Secretary shall certify to the Committees on Appropriations of
the Senate and the House of Representatives that no security risks will
result from such non-participation.

Sec. 539. <> (a)
Notwithstanding any other provision of this Act, except as provided in
subsection (b), and 30 days after the date that the President determines
whether to declare a major disaster because of an event and any appeal
is completed, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committees on Appropriations of the Senate and the House of
Representatives, and publish on the website of the Federal Emergency
Management Agency, a report regarding that decision, which shall
summarize damage assessment information used to determine whether to
declare a major disaster.

(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) <> In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).

Sec. 540.  <> 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

[[Page 2176]]
123 STAT. 2176

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. 541.  The explanatory statement referenced in section 4 of
Public Law 110-161 for ``National Predisaster Mitigation Fund'' under
Federal Emergency Management Agency is deemed to be amended--
(1) by striking ``Dalton Fire District'' and all that
follows through ``750,000'' and inserting the following:


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



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


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



and
(5) by striking ``Public Works Department of the City of
Santa Cruz, CA'' and inserting ``Monterey County Water Resources
Agency, CA''.

Sec. 542.  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. 543.  Section 203(m) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``September 30, 2009'' and inserting ``September 30, 2010''.
<> Sec. 544. (a) Not later than 3
months after 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 aircraft
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. 545.  From unobligated amounts that are available to the Coast
Guard for fiscal year 2008 or 2009 for ``Acquisition, Construction, and
Improvements'' for shoreside facilities and aids to navigation at Coast
Guard Sector Buffalo, the Secretary of Homeland Security shall use such
sums as may be necessary to make improvements to the land along the
northern portion of Sector

[[Page 2177]]
123 STAT. 2177

Buffalo to enhance public access to the Buffalo Lighthouse and the
waterfront.
Sec. 546.  <> 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. 547.  Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by
striking ``at the end of the 11-year period beginning on the first day
the pilot program is in effect.'' and inserting ``on September 30,
2012.''.
Sec. 548.  Section 610(b) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) is amended by striking ``for 15 years'' and
inserting ``until September 30, 2012''.
Sec. 549. <> (a) In addition to collection of
registration fees described in section 244(c)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting
services, biometric services, and other necessary services may be
collected when administering the program described in section 244 of
such Act.

(b) <> Subsection (a) shall be construed to
apply for fiscal year 1998 and each fiscal year thereafter.

Sec. 550.  Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
amended by striking ``three years after the date of enactment of this
Act'' and inserting ``on October 4, 2010''.
Sec. 551. (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
Immigrant 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. 552. <> (a) None of the funds made
available in this or any other Act may be used to release an individual
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
Cuba, into the continental United States, Alaska, Hawaii, or the
District of Columbia, into any of the United States territories of Guam,
American Samoa (AS), the United States Virgin Islands (USVI), the
Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana
Islands (CNMI).

(b) None of the funds made available in this or any other Act may be
used to transfer an individual who is detained, as of June 24, 2009, at
Naval Station, Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).

[[Page 2178]]
123 STAT. 2178

(c) <> None of the funds made available in this or
any other Act may be used to transfer an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, or the District of Columbia,
into any of the United States territories of Guam, American Samoa (AS),
the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico
and the Commonwealth of the Northern Mariana Islands (CNMI), for the
purposes of prosecuting such individual, or detaining such individual
during legal proceedings, until 45 days after the plan described in
subsection (d) is received.

(d) <> The President shall submit to Congress, in classified form, a
plan regarding the proposed disposition of any individual covered by
subsection (c) who is detained as of June 24, 2009. Such plan shall
include, at a minimum, each of the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in
paragraphs (1), (2), and (7).
(6) <> A copy of a
notification to the Governor of the State to which the
individual will be transferred, to the Mayor of the District of
Columbia if the individual will be transferred to the District
of Columbia, or to any United States territories with a
certification by the Attorney General of the United States in
classified form at least 14 days prior to such transfer
(together with supporting documentation and justification) that
the individual poses little or no security risk to the United
States.
(7) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer and the actions taken to mitigate such risk.

(e) <> None of
the funds made available in this or any other Act may be used to
transfer or release an individual detained at Naval Station, Guantanamo
Bay, Cuba, as of June 24, 2009, to the country of such individual's
nationality or last habitual residence or to any other country other
than the United States or to a freely associated State, unless the
President submits to the Congress, in classified form, at least 15 days
prior to such transfer or release, the following information:
(1) The name of any individual to be transferred or released
and the country or the freely associated State to which such
individual is to be transferred or released.

[[Page 2179]]
123 STAT. 2179

(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer or release and the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the
freely associated State for the acceptance of such individual,
including the amount of any financial assistance related to such
agreement.

(f) None of the funds made available in this Act may be used to
provide any immigration benefit (including a visa, admission into the
United States or any of the United States territories, parole into the
United States or any of the United States territories (other than parole
for the purposes of prosecution and related detention), or
classification as a refugee or applicant for asylum) to any individual
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
Cuba.
(g) <> In this section, the term ``freely
associated States'' means the Federated States of Micronesia (FSM), the
Republic of the Marshall Islands (RMI), and the Republic of Palau.

(h) <> Prior to
the termination of detention operations at Naval Station, Guantanamo
Bay, Cuba, the President shall submit to the Congress a report in
classified form describing the disposition or legal status of each
individual detained at the facility as of the date of enactment of this
Act.

Sec. 553.  Section 44903(j)(2)(C) of title 49, United States Code,
is amended by adding at the end the following new clause:

``(v) <> Inc
lusion of detainees on no fly list.--The Assistant
Secretary, in coordination with the Terrorist
Screening Center, shall include on the No Fly List
any individual who was a detainee held at the
Naval Station, Guantanamo Bay, Cuba, unless the
President certifies in writing to Congress that
the detainee poses no threat to the United States,
its citizens, or its
allies. <> For purposes of this
clause, the term `detainee' means an individual in
the custody or under the physical control of the
United States as a result of armed conflict.''.

Sec. 554.  <> 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

[[Page 2180]]
123 STAT. 2180

summary by agency of the purposes and levels of expenditures for the
prior fiscal year, and shall report annually thereafter.

Sec. 555.  <> 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. 556.  None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 557.  None of the funds made available in this Act may be used
to propose or effect a disciplinary or adverse action, with respect to
any Department of Homeland Security employee who engages regularly with
the public in the performance of his or her official duties solely
because that employee elects to utilize protective equipment or
measures, including but not limited to surgical masks, N95 respirators,
gloves, or hand-sanitizers, where use of such equipment or measures is
in accord with Department of Homeland Security policy, and Centers for
Disease Control and Prevention and Office of Personnel Management
guidance.
Sec. 558.  None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
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:
(1) the Commandant of the Coast Guard certifies that 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 Secretary of Homeland Security certifies that the
Loran-C system infrastructure is not needed as a backup to the
Global Positioning System or to meet any other Federal
navigation requirement.

(c) If the certifications described in subsection (b) are made, 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
certifications 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 with
subsection (c).

(e) If the certifications described in subsection (b) are made, 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-C system, by directing the Administrator of
General Services to sell such real and personal property, subject to
such terms and conditions that the Secretary believes to be necessary to
protect government interests and program requirements of the Coast
Guard: Provided, That the proceeds, less the costs of sale incurred by
the General

[[Page 2181]]
123 STAT. 2181

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-C system, for the costs of securing and maintaining equipment
that may be used as a backup to the Global Positioning System or to meet
any other Federal navigation requirement, 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.
Sec. 560. <> (a) None of the funds made
available by this Act may be obligated for construction of the National
Bio- and Agro-defense Facility on the United States mainland until 30
days after the later of:
(1) <> the date on which the
Secretary of Homeland Security submits to the Committee on
Appropriations of the Senate and the House of Representatives a
site-specific bio-safety and bio-security mitigation risk
assessment, which includes an integrated set of analyses using
plume modeling and epidemiologic impact modeling, to determine
the requirements necessary to ensure safe operation of the
National Bio- and Agro-defense Facility at the approved
Manhattan, Kansas, site identified in the January 16, 2009,
record of decision published in Federal Register Vol. 74, Number
11, and the results of the National Academy of Sciences' review
of the risk assessment as described in paragraph (b): Provided,
That the integrated set of analyses is to determine the extent
of the dispersion of the foot-and-mouth virus following a
potential laboratory spill, the potential spread of foot-and-
mouth disease in the surrounding susceptible animal population,
and its economic impact: Provided further, That the integrated
set of analyses should also take into account specific local,
State, and national risk mitigation strategies; or
(2) <> the date on which the Secretary of
Homeland Security, in coordination with the Secretary of
Agriculture, submits to the Committees on Appropriations of the
Senate and 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.

(b) <> With regard to the integrated set
of analyses included in the mitigation risk assessment required under
paragraph (a)(1), the Secretary of Homeland Security shall enter into a
contract with the National Academy of Sciences to evaluate the
mitigation risk assessment required by subsection (a)(1) of this section
and to submit a Letter Report: Provided, That such contract shall be

[[Page 2182]]
123 STAT. 2182

entered into within 90 days from the date of enactment of this Act, and
the National Academy of Sciences shall complete its assessment and
submit its Letter Report within four months after the date the
Department of Homeland Security concludes the risk assessment.

Sec. 561. <> (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 section
or sections 70102, 70104, and 70108 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 section or sections 70102, 70104,
and 70108.
``(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;

[[Page 2183]]
123 STAT. 2183

``(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.''.

Sec. 562.  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.''.

Sec. 563. (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) Rule of Construction.--Section 44(f)(2) of the Federal Deposit
Insurance Act (12 U.S.C. 1831u(f)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving the margins 2 ems to the
right;
(2) by striking ``No provision'' and inserting the
following:
``(A) In general.--No provision''; and
(3) by adding at the end the following:

[[Page 2184]]
123 STAT. 2184

``(B) <> Applicability.--This
subsection shall be construed to apply to any loan or
discount made, or note, bill of exchange, financing
transaction, or other evidence of debt, originated by an
insured depository institution, a governmental entity
located in such State, or a person that is not a
depository institution described in subparagraph (A)
doing business in such State.''.

(c) 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.

Sec. 564. <>  (a)
Short Title.--This section may be cited as the ``OPEN FOIA Act of
2009''.

(b) 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. 565. <>  (a) Short Title.--This section may be cited as
the ``Protected National Security Documents Act of 2009''.

(b) Notwithstanding any other provision of the law to the contrary,
no protected document, as defined in subsection (c), shall be subject to
disclosure under section 552 of title 5, United States Code or any
proceeding under that section.
(c) Definitions.--In this section:
(1) Protected document.--The term ``protected document''
means any record--
(A) for which the Secretary of Defense has issued a
certification, as described in subsection (d), stating
that disclosure of that record would endanger citizens
of the United States, members of the United States Armed
Forces, or employees of the United States Government
deployed outside the United States; and
(B) 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.
(2) Photograph.--The term ``photograph'' encompasses all
photographic images, whether originals or copies, including
still photographs, negatives, digital images, films, video
tapes, and motion pictures.

(d) Certification.--
(1) In general.--For any photograph described under
subsection (c)(1), the Secretary of Defense shall issue a
certification if the Secretary of Defense determines that
disclosure of that

[[Page 2185]]
123 STAT. 2185

photograph would endanger citizens of the United States, members
of the United States Armed Forces, or employees of the United
States Government deployed outside the United States.
(2) Certification expiration.--A certification and a renewal
of a certification issued pursuant to subsection (d)(3) shall
expire 3 years after the date on which the certification or
renewal, is issued by the Secretary of Defense.
(3) Certification renewal.--The Secretary of Defense may
issue--
(A) a renewal of a certification at any time; and
(B) more than 1 renewal of a certification.
(4) Notice to congress.--The Secretary of Defense shall
provide Congress a timely notice of the Secretary's issuance of
a certification and of a renewal of a certification.

(e) Rule of Construction.--Nothing in this section shall be
construed to preclude the voluntary disclosure of a protected document.
(f) <> Effective Date.--This section shall
take effect on the date of enactment of this Act and apply to any
protected document.
Sec. 566.  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).

Sec. 567. (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

[[Page 2186]]
123 STAT. 2186

with the minimum standards established by paragraph (a)(1-3).

Sec. 568. (a) Special Immigrant Nonminister Religious Worker Program
and Other Immigration Programs.--
(1) Extension.--Subclauses (II) and (III) of section
101(a)(27)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(C)(ii)) are amended by striking ``September
30, 2009,'' each place such term appears and inserting
``September 30, 2012,''.
(2) <> Study and plan.--Not later
than 180 days after the date of the enactment of this Act, 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 United States Citizenship and Immigration
Services to improve the integrity of the program.
(3) Progress report.--Not later than 240 days after the
submission of the report under paragraph (2), 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 implementing the plan described
in clause (a)(2)(B) of this section.

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

[[Page 2187]]
123 STAT. 2187

(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) Surviving Relative Consideration for Certain 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) Surviving Relative Consideration for Certain Petitions and
Applications.--
``(1) In general.--An alien described in paragraph (2) who
resided in the United States at the time of the death of the
qualifying relative and who continues to reside in the United
States shall have such petition described in paragraph (2), or
an application for adjustment of status to that of a person
admitted for lawful permanent residence based upon the family
relationship described in paragraph (2), and any related
applications, adjudicated notwithstanding the death of the
qualifying relative, 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) the beneficiary of a pending or approved
petition for classification as an immediate relative (as
described in section 201(b)(2)(A)(i));
``(B) the beneficiary of a pending or approved
petition for classification under section 203 (a) or
(d);
``(C) a derivative beneficiary of a pending or
approved petition for classification under section
203(b) (as described in section 203(d));
``(D) the beneficiary of a pending or approved
refugee/asylee relative petition under section 207 or
208;
``(E) an alien admitted in `T' nonimmigrant status
as described in section 101(a)(15)(T)(ii) or in `U'
nonimmigrant status as described in section
101(a)(15)(U)(ii); or
``(F) 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.

(e) Conforming Amendment to Affidavit of Support Requirement.--
Section 213A(f)(5) of the Immigration and Nationality Act (8 U.S.C.
1183a(5)) is amended by striking clauses (i) and (ii) and inserting:
``(i) the individual petitioning under section
204 of this Act for the classification of such
alien died after the approval of such petition,
and the Secretary of Homeland Security has
determined for humanitarian

[[Page 2188]]
123 STAT. 2188

reasons that revocation of such petition under
section 205 would be inappropriate; or
``(ii) the alien's petition is being
adjudicated pursuant to section 204(l) (surviving
relative consideration).''.

Sec. 569.  <> 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. 570.  <> 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.

Sec. 571. (a) Funds made available by this Act solely for data
center migration may be transferred by the Secretary between
appropriations for the same purpose, notwithstanding section 503 of this
Act.
(b) <> No transfer described in (a)
shall occur until 15 days after the Committees on Appropriations of the
Senate and the House and Representatives are notified of such transfer.

Sec. 572.  <> Specific projects contained in the
report of the Committee on Appropriations of the House of
Representatives accompanying this Act (H. Rept. 111-157) that are
considered congressional earmarks for purposes of clause 9 of rule XXI
of the Rules of the House of Representatives, when intended to be
awarded to a for-profit entity, shall be awarded under a full and open
competition.

Sec. 573.  From unobligated balances for fiscal year 2009 made
available for Federal Emergency Management Agency ``Trucking Industry
Security Grants'', $5,572,000 are rescinded.
Sec. 574.  From the unobligated balances of prior year
appropriations made available for ``Analysis and Operations'',
$2,358,000 are rescinded.
Sec. 575.  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. 576.  From the unobligated balances of prior year
appropriations made available for Science and Technology ``Research,
Development, Acquisition, and Operations'', $6,944,148 are rescinded.
Sec. 577.  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. 578.  From the unobligated balances of prior year
appropriations made available for Transportation Security Administration
``Research and Development'', $4,000,000 are rescinded.
Sec. 579.  From the unobligated balances of prior year
appropriations made available for Coast Guard ``Acquisition,
Construction, and Improvements'', $800,000 are rescinded: Provided, That
these rescissions shall be taken from completed projects.

[[Page 2189]]
123 STAT. 2189

Sec. 580.  Of the amounts available under the heading
``Counterterrorism Fund'', $5,600,000 are rescinded.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2010''.

Approved October 28, 2009.

LEGISLATIVE HISTORY--H.R. 2892 (S. 1298):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 111-157 (Comm. on Appropriations) and 111-298
(Comm. of Conference).
SENATE REPORTS: No. 111-31 (Comm. on Appropriations) accompanying S.
1298.
CONGRESSIONAL RECORD, Vol. 155 (2009):
June 24, considered and passed House.
July 7-9, considered and passed Senate, amended.
Oct. 15, House agreed to conference report.
Oct. 20, Senate agreed to conference report.