Text: H.R.2892 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-83 (10/28/2009)

 
[111th Congress Public Law 83]
[From the U.S. Government Printing Office]



[[Page 2141]]

        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010

[[Page 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. <<NOTE: Oct. 28, 2009 -  [H.R. 2892]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Homeland Security Appropriations Act of 2010.>>   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: <<NOTE: Expenditure plan.>> 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 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: <<NOTE: Financial plan.>> 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: <<NOTE: Deadline.>> 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): <<NOTE: Deadline. Expenditure plan.>> 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: <<NOTE: Certification. Notification.>> 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 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: <<NOTE: Determination.>> Provided, That for fiscal year 2010,

[[Page 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: <<NOTE: Deadline. Reports.>> 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: <<NOTE: Expenditure plan. Deadline.>>  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 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 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:

<<NOTE: Reports. Deadline.>> 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, <<NOTE: Certification.>>  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: <<NOTE: Waiver 
authority. Deadline. Federal Register, publication.>> 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 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: <<NOTE: Plans. Deadline. 6 USC 214 note.>> 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: <<NOTE: Waiver authority.>> 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: <<NOTE: Child labor.>>  Provided 
further, That of the total amount provided, $15,770,000 shall

[[Page 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: <<NOTE: Aliens.>> 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: <<NOTE: Reports. Deadlines.>>  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, <<NOTE: Aliens.>> That the Secretary shall prioritize the 
identification and removal of aliens convicted of a crime by the 
severity of that crime: <<NOTE: Detention beds.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Contracts.>> 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: <<NOTE: Implementation plan.>>  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, <<NOTE: Expenditure plan.>> That of the funds made available 
under this heading,

[[Page 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: <<NOTE: Privatization plan.>>  
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: <<NOTE: Explosive detection systems.>>  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: <<NOTE: Fees.>> 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 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: <<NOTE: Expenditure plans.>>  
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: <<NOTE: Deadline.>>  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

[[Page 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: <<NOTE: Coast Guard.>> 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: <<NOTE: Reports. Joint 
explanatory statement. Plans.>> 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 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: <<NOTE: Review. Reports. Data.>> 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: <<NOTE: Review. Deadline. 14 USC 663 note.>> 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: <<NOTE: Deadline. Investment plan. 14 USC 663 
note.>> 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 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, <<NOTE: Applicability.>> 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 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: <<NOTE: Waiver authority.>> 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: <<NOTE: Reports. Certification.>> 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: <<NOTE: Notification. Deadline.>> 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 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: <<NOTE: Expenditure plan.>>  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: <<NOTE: Certification. Deadline.>> Provided,

[[Page 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: <<NOTE: Expenditure 
plan. Deadline.>> 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 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: <<NOTE: Federal budget.>> 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: <<NOTE: West Virginia. Pennsylvania. Disaster 
evacuation.>> 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: <<NOTE: Puerto Rico.>> 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) <<NOTE: Determination.>> $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 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 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 123 STAT. 2161]]

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

<<NOTE: Expenditure plan. Deadline.>> 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: <<NOTE: Deadlines.>>   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, <<NOTE: Deadlines.>> 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, <<NOTE: Reports. Determination.>> 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: <<NOTE: Expenditure 
plan. Deadline.>>  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 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: <<NOTE: Expenditure 
plan. Deadline.>> 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: <<NOTE: Fees. Effective date.>>  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: <<NOTE: Expenditure 
plan. Deadline.>>  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: <<NOTE: Deadlines. Reports.>>  
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 123 STAT. 2163]]

$105,600,000 shall be transferred to Federal Emergency Management Agency 
``Management and Administration'' for management and administration 
functions: <<NOTE: Expenditure plan.>>  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: <<NOTE: Deadlines. Reports.>>  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 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 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: <<NOTE: Refugees. Regulations. Federal Register, 
publication.>> 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: <<NOTE: Expenditure plan.>> 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: <<NOTE: Aliens.>> 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 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 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 <<NOTE: Certifications.>> 

    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: <<NOTE: Reports.>> 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: <<NOTE: Consultation.>> 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 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. <<NOTE: Notifications. Deadlines.>> (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 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.  <<NOTE: 31 USC 1501 note.>>  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: <<NOTE: Approval request.>> 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. <<NOTE: Grants. Contracts. Notification. Deadlines.>>  
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 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: <<NOTE: Briefing. Deadline.>> 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. <<NOTE: Contracts.>>  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. <<NOTE: Applicability.>>  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. <<NOTE: Deadlines. Reports. Air carriers and airports.>>  
(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 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. <<NOTE: Deadline. Reports.>>  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. <<NOTE: Notification.>>  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: <<NOTE: Deadline. Reports.>> 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) <<NOTE: Collaboration.>>  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 123 STAT. 2172]]

    Sec. 520. <<NOTE: Classified information.>>  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).

     <<NOTE: Grants. Contracts.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Review.>> 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: <<NOTE: Reports. Deadline.>> 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.  <<NOTE: Waiver authority.>> 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 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) <<NOTE: Deadline. Notification.>> 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.  <<NOTE: Butane lighters.>> 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.  <<NOTE: Equine.>> 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 123 STAT. 2174]]

    Sec. 528.  <<NOTE: Certification.>> 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.  <<NOTE: Contracts.>> 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.  <<NOTE: Drugs and drug abuse.>> 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, <<NOTE: Applicability.>> 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. <<NOTE: Notification.>> 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 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.  <<NOTE: National identification card.>> None of the funds 
made available in this Act may be used for planning, testing, piloting, 
or developing a national identification card.

    Sec. 538.  <<NOTE: Certification.>> 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. <<NOTE: Deadline. President. Web posting. Reports.>> (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) <<NOTE: Definitions.>> 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.  <<NOTE: New York. Real property.>> 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: <<NOTE: Notification. Deadline.>> Provided further, That after

[[Page 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''.
     <<NOTE: Deadlines. Consultation.>> 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 123 STAT. 2177]]

Buffalo to enhance public access to the Buffalo Lighthouse and the 
waterfront.
    Sec. 546.  <<NOTE: 6 USC 416.>> 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. <<NOTE: 8 USC 1254b.>> (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) <<NOTE: Applicability.>> 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. <<NOTE: Detainees. Cuba.>> (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 123 STAT. 2178]]

    (c) <<NOTE: Deadline.>> 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) <<NOTE: President. Classified information. Disposition 
plan.>> 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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: President. Classified information. Deadline.>> 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 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) <<NOTE: Definition.>> 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) <<NOTE: President. Reports. Classified information.>> 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) <<NOTE: Cuba. President. Certification.>> 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. <<NOTE: Definition.>> 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.  <<NOTE: Fees. 6 USC 469a.>> 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: <<NOTE: Reports. Deadline.>> 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 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.  <<NOTE: Urban and rural areas.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: Certifications.>> 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) <<NOTE: Deadline. Reports.>> 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 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. <<NOTE: Diseases. Deadlines.>> (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) <<NOTE: Risk assessment. Kansas.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Contracts. Reports.>> 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 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. <<NOTE: American Communities' Right to Public Information 
Act. 46 USC 101 note.>> (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 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 123 STAT. 2184]]

                    ``(B) <<NOTE: Loans.>> 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. <<NOTE: Applicability. Contracts. 12 USC 1831u 
note.>> --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. <<NOTE: OPEN FOIA Act of 2009. 5 USC 101 note.>>  (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. <<NOTE: Protected National Security Documents Act of 
2009. 5 USC 552 note.>>  (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 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) <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: 8 USC 1151 note.>> 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. <<NOTE: Petition. Deadline.>> --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 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) <<NOTE: 8 USC 1154 note.>> 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 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.  <<NOTE: Contracts. Performance fees.>> 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.  <<NOTE: Contracts.>> 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) <<NOTE: Deadline. Notification.>> 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.  <<NOTE: Earmarks.>> 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 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.

                                  <all>

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