[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2892 Enrolled Bill (ENR)]
H.R.2892
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2010, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland Security for the fiscal
year ending September 30, 2010, and for other purposes, namely:
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $147,818,000: Provided, That
not to exceed $60,000 shall be for official reception and
representation expenses, of which $20,000 shall be made available to
the Office of Policy solely to host Visa Waiver Program negotiations in
Washington, DC: Provided further, That $15,000,000 shall not be
available for obligation for the Office of Policy until the Secretary
submits an expenditure plan for the Office of Policy for fiscal year
2010: Provided further, That all official costs associated with the use
of government aircraft by Department of Homeland Security personnel to
support official travel of the Secretary and the Deputy Secretary shall
be paid from amounts made available for the Immediate Office of the
Secretary and the Immediate Office of the Deputy Secretary.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $254,190,000, of which
not less than $1,000,000 shall be for logistics training; and of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $5,500,000 shall remain available until expended solely for
the alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations at
the Nebraska Avenue Complex; and $17,131,000 shall remain available
until expended for the Human Resources Information Technology program.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $60,530,000, of which $11,000,000 shall remain
available until expended for financial systems consolidation efforts:
Provided, That of the total amount made available under this heading,
$5,000,000 shall not be obligated until the Chief Financial Officer or
an individual acting in such capacity submits a financial management
improvement plan that addresses the recommendations outlined in the
Department of Homeland Security Office of Inspector General report OIG-
09-72, including yearly measurable milestones, to the Committees on
Appropriations of the Senate and the House of Representatives: Provided
further, That the plan described in the preceding proviso shall be
submitted not later than January 4, 2010.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$338,393,000; of which $86,912,000 shall be available for salaries and
expenses; and of which $251,481,000, to remain available until
expended, shall be available for development and acquisition of
information technology equipment, software, services, and related
activities for the Department of Homeland Security: Provided, That of
the total amount appropriated, not less than $82,788,000 shall be
available for data center development, of which not less than
$38,540,145 shall be available for power capabilities upgrades at Data
Center One (National Center for Critical Information Processing and
Storage): Provided further, That the Chief Information Officer shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, not more than 60 days after the date of enactment
of this Act, an expenditure plan for all information technology
acquisition projects that: (1) are funded under this heading; or (2)
are funded by multiple components of the Department of Homeland
Security through reimbursable agreements: Provided further, That such
expenditure plan shall include each specific project funded, key
milestones, all funding sources for each project, details of annual and
lifecycle costs, and projected cost savings or cost avoidance to be
achieved by the project.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $335,030,000, of which not
to exceed $5,000 shall be for official reception and representation
expenses; and of which $190,862,000 shall remain available until
September 30, 2011: Provided, That none of the funds provided in this
or any other Act shall be available to commence operations of the
National Immigration Information Sharing Operation or any follow-on
entity until the Secretary certifies that such program complies with
all existing laws, including all applicable privacy and civil liberties
standards, the Comptroller General of the United States notifies the
Committees on Appropriations of the Senate and the House of
Representatives and the Secretary that the Comptroller has reviewed
such certification, and the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives of all
funds to be expended on operations of the National Immigration
Information Sharing Operation or any follow-on entity pursuant to
section 503 of this Act.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $2,000,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $113,874,000, of which not to exceed $150,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 4,500 (4,000
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,064,713,000, of which
$3,226,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $309,629,000 shall be
for Air and Marine Operations; of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of
which not to exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations; of which not to
exceed $1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security; and of which not more than $800,000 shall be for
procurement of portable solar charging rechargeable battery systems:
Provided, That for fiscal year 2010, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other provision of
law, none of the funds appropriated by this Act may be available to
compensate any employee of U.S. Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Secretary of
Homeland Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs, or in cases
of immigration emergencies: Provided further, That of the total amount
provided, $1,700,000 shall remain available until September 30, 2011,
for the Global Advanced Passenger Information/Passenger Name Record
Program.
automation modernization
For expenses for U.S. Customs and Border Protection automated
systems, $422,445,000, to remain available until expended, of which not
less than $227,960,000 shall be for the development of the Automated
Commercial Environment: Provided, That of the total amount made
available under this heading, $50,000,000 may not be obligated for the
Automated Commercial Environment program until 30 days after the
Committees on Appropriations of the Senate and the House of
Representatives receive a report on the results to date and plans for
the program from the Department of Homeland Security.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $800,000,000, to remain available until expended: Provided,
That of the total amount made available under this heading, $75,000,000
shall not be obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a plan for
expenditure, prepared by the Secretary of Homeland Security, reviewed
by the Government Accountability Office, and submitted not later than
90 days after the date of the enactment of this Act, for a program to
establish and maintain a security barrier along the borders of the
United States, of fencing and vehicle barriers where practicable, and
of other forms of tactical infrastructure and technology, that
includes--
(1) a detailed accounting of the program's implementation to
date for all investments, including technology and tactical
infrastructure, for funding already expended relative to system
capabilities or services, system performance levels, mission
benefits and outcomes, milestones, cost targets, program management
capabilities, identification of the maximum investment, including
life-cycle costs, related to the Secure Border Initiative program
or any successor program, and description of the methodology used
to obtain these cost figures;
(2) a description of how specific projects will further the
objectives of the Secure Border Initiative, as defined in the
Department of Homeland Security Secure Border Plan, and how the
expenditure plan allocates funding to the highest priority border
security needs;
(3) an explicit plan of action defining how all funds are to be
obligated to meet future program commitments, with the planned
expenditure of funds linked to the milestone-based delivery of
specific capabilities, services, performance levels, mission
benefits and outcomes, and program management capabilities;
(4) an identification of staffing, including full-time
equivalents, contractors, and detailees, by program office;
(5) a description of how the plan addresses security needs at
the Northern border and ports of entry, including infrastructure,
technology, design and operations requirements, specific locations
where funding would be used, and priorities for Northern border
activities;
(6) a report on budget, obligations and expenditures, the
activities completed, and the progress made by the program in terms
of obtaining operational control of the entire border of the United
States;
(7) a listing of all open Government Accountability Office and
Office of Inspector General recommendations related to the program
and the status of Department of Homeland Security actions to
address the recommendations, including milestones to fully address
such recommendations;
(8) a certification by the Chief Procurement Officer of the
Department including all supporting documents or memoranda, and
documentation and a description of the investment review processes
used to obtain such certifications, that--
(A) the program has been reviewed and approved in
accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established by
the Office of Management and Budget, including as provided in
Circular A-11, part 7;
(B) the plans for the program comply with the Federal
acquisition rules, requirements, guidelines, and practices, and
a description of the actions being taken to address areas of
non-compliance, the risks associated with such actions,
together with any plans for addressing these risks, and the
status of the implementation of such actions; and
(C) procedures to prevent conflicts of interest between the
prime integrator and major subcontractors are established and
that the Secure Border Initiative Program Office has adequate
staff and resources to effectively manage the Secure Border
Initiative program and all contracts under such program,
including the exercise of technical oversight;
(9) a certification by the Chief Information Officer of the
Department including all supporting documents or memoranda, and
documentation and a description of the investment review processes
used to obtain such certifications that--
(A) the system architecture of the program has been
determined to be sufficiently aligned with the information
systems enterprise architecture of the Department to minimize
future rework, including a description of all aspects of the
architectures that were or were not assessed in making the
alignment determination, the date of the alignment
determination, and any known areas of misalignment together
with the associated risks and corrective actions to address any
such areas;
(B) the program has a risk management process that
regularly and proactively identifies, evaluates, mitigates, and
monitors risks throughout the system life-cycle and
communicates high-risk conditions to U.S. Customs and Border
Protection and Department of Homeland Security investment
decision-makers, as well as a listing of all the program's high
risks and the status of efforts to address such risks; and
(C) an independent verification and validation agent is
currently under contract for the projects funded under this
heading;
(10) a certification by the Chief Human Capital Officer of the
Department that the human capital needs of the Secure Border
Initiative program are being addressed so as to ensure adequate
staff and resources to effectively manage the Secure Border
Initiative; and
(11) an analysis by the Secretary for each segment, defined as
not more than 15 miles, of fencing or tactical infrastructure, of
the selected approach compared to other, alternative means of
achieving operational control, including cost, level of operational
control, possible unintended effects on communities, and other
factors critical to the decisionmaking process:
Provided further, That the Secretary shall report to the Committees on
Appropriations of the Senate and the House of Representatives on the
progress of the program, and obligations and expenditures for all
outstanding task orders, as well as specific objectives to be achieved
through the award of current and remaining task orders planned for the
balance of available appropriations, at least 15 days before the award
of any task order requiring an obligation of funds in an amount greater
than $25,000,000 and before the award of a task order that would cause
cumulative obligations of funds to exceed 50 percent of the total
amount appropriated: Provided further, That none of the funds made
available under this heading may be obligated unless the Department has
complied with section 102(b)(1)(C)(i) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and the
Secretary certifies such to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That none of
the funds made available under this heading may be obligated for any
project or activity for which the Secretary has exercised waiver
authority pursuant to section 102(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15
days have elapsed from the date of the publication of the decision in
the Federal Register.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $519,826,000, to remain
available until expended: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall
be transferred to any other Federal agency, department, or office
outside of the Department of Homeland Security during fiscal year 2010
without the prior approval of the Committees on Appropriations of the
Senate and the House of Representatives.
construction and facilities management
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, $319,570,000, to remain available until expended; of which
$39,700,000 shall be for constructing and equipping the Advanced
Training Center; and of which not more than $3,500,000 shall be for
acquisition, design, and construction of U.S. Customs and Border
Protection Air and Marine facilities at El Paso International Airport,
Texas: Provided, That for fiscal year 2011 and thereafter, the annual
budget submission of U.S. Customs and Border Protection for
``Construction and Facilities Management'' shall, in consultation with
the General Services Administration, include a detailed 5-year plan for
all Federal land border port of entry projects with a yearly update of
total projected future funding needs delineated by land port of entry.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type vehicles;
$5,342,134,000, of which not to exceed $7,500,000 shall be available
until expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security; of which not less
than $305,000 shall be for promotion of public awareness of the child
pornography tipline and anti-child exploitation activities; of which
not less than $5,400,000 shall be used to facilitate agreements
consistent with section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided, That none of
the funds made available under this heading shall be available to
compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary, or the designee of the Secretary,
may waive that amount as necessary for national security purposes and
in cases of immigration emergencies: Provided further, That of the
total amount provided, $15,770,000 shall be for activities in fiscal
year 2010 to enforce laws against forced child labor, of which not to
exceed $6,000,000 shall remain available until expended: Provided
further, That of the total amount available, not less than
$1,500,000,000 shall be available to identify aliens convicted of a
crime who may be deportable, and to remove them from the United States
once they are judged deportable, of which $200,000,000 shall remain
available until September 30, 2011: Provided further, That the
Secretary, or the designee of the Secretary, shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than 45 days after the end of each quarter
of the fiscal year, on progress in implementing the preceding proviso
and the funds obligated during that quarter to make that progress:
Provided further, That the Secretary shall prioritize the
identification and removal of aliens convicted of a crime by the
severity of that crime: Provided further, That funding made available
under this heading shall maintain a level of not less than 33,400
detention beds through September 30, 2010: Provided further, That of
the total amount provided, not less than $2,545,180,000 is for
detention and removal operations, including transportation of
unaccompanied minor aliens: Provided further, That of the total amount
provided, $7,300,000 shall remain available until September 30, 2011,
for the Visa Security Program: Provided further, That none of the funds
provided under this heading may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of
Homeland Security Inspector General determines that the terms of the
agreement governing the delegation of authority have been violated:
Provided further, That none of the funds provided under this heading
may be used to continue any contract for the provision of detention
services if the two most recent overall performance evaluations
received by the contracted facility are less than ``adequate'' or the
equivalent median score in any subsequent performance evaluation
system: Provided further, That nothing under this heading shall prevent
U.S. Immigation and Customs Enforcement from exercising those
authorities provided under immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens convicted
of a crime: Provided further, That none of the funds provided under
this heading may be obligated to collocate field offices of U.S.
Immigration and Customs Enforcement until the Secretary of Homeland
Security submits to the Committees on Appropriations of the Senate and
the House of Representatives a plan for the nationwide implementation
of the Alternatives to Detention Program that identifies: (1) the funds
required for nationwide program implementation; (2) the timeframe for
achieving nationwide program implementation; and (3) an estimate of the
number of individuals who could be enrolled in a nationwide program.
automation modernization
(including transfer of funds)
For expenses of immigration and customs enforcement automated
systems, $90,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $10,000,000 shall
not be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive an expenditure plan prepared
by the Secretary of Homeland Security: Provided further, That of the
total amount provided under this heading, up to $10,000,000 may be
transferred to U.S. Immigration and Customs Enforcement ``Salaries and
Expenses'' account for data center migration.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$4,818,000, to remain available until expended: Provided, That none of
the funds made available in this Act may be used to solicit or consider
any request to privatize facilities currently owned by the United
States Government and used to detain aliens unlawfully present in the
United States until the Committees on Appropriations of the Senate and
the House of Representatives receive a plan for carrying out that
privatization.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,214,040,000, to remain
available until September 30, 2011, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not to
exceed $4,358,076,000 shall be for screening operations, of which
$1,116,406,000 shall be available for explosives detection systems; and
not to exceed $855,964,000 shall be for aviation security direction and
enforcement: Provided further, That of the amount made available in the
preceding proviso for explosives detection systems, $778,300,000 shall
be available for the purchase and installation of these systems, of
which not less than 28 percent shall be available for the purchase and
installation of certified explosives detection systems at medium- and
small-sized airports: Provided further, That any award to deploy
explosives detection systems shall be based on risk, the airport's
current reliance on other screening solutions, lobby congestion
resulting in increased security concerns, high injury rates, airport
readiness, and increased cost effectiveness: Provided further, That of
the total amount provided, $1,250,000 shall be made available for Safe
Skies Alliance to develop and enhance research and training
capabilities for Transportation Security Officer improvised explosive
recognition training: Provided further, That security service fees
authorized under section 44940 of title 49, United States Code, shall
be credited to this appropriation as offsetting collections and shall
be available only for aviation security: Provided further, That the sum
appropriated under this heading from the general fund shall be reduced
on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2010, so as to result in a final fiscal
year appropriation from the general fund estimated at not more than
$3,114,040,000: Provided further, That any security service fees
collected in excess of the amount made available under this heading
shall become available during fiscal year 2011: Provided further, That
Members of the United States House of Representatives and United States
Senate, including the leadership; the heads of Federal agencies and
commissions, including the Secretary, Deputy Secretary, Under
Secretaries, and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General and Assistant Attorneys
General and the United States attorneys; and senior members of the
Executive Office of the President, including the Director of the Office
of Management and Budget; shall not be exempt from Federal passenger
and baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation security
activities, $110,516,000, to remain available until September 30, 2011.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment
and Credentialing, $171,999,000, to remain available until September
30, 2011.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$1,001,780,000, to remain available until September 30, 2011: Provided,
That of the funds appropriated under this heading, $20,000,000 may not
be obligated for headquarters administration until the Secretary of
Homeland Security submits to the Committees on Appropriations of the
Senate and the House of Representatives detailed expenditure plans for
air cargo security, and for checkpoint support and explosives detection
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2010: Provided further, That these plans
shall be submitted no later than 60 days after the date of enactment of
this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $860,111,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $26,000,000; minor
shore construction projects not exceeding $1,000,000 in total cost at
any location; payments pursuant to section 156 of Public Law 97-377 (42
U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$6,805,391,000, of which $581,503,000 shall be for defense-related
activities, of which $241,503,000 is designated as being for overseas
deployments and other activities pursuant to sections 401(c)(4) and
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010; of which $24,500,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which not to exceed $20,000 shall be for
official reception and representation expenses; and of which $3,600,000
shall be available until expended for the cost of repairing,
rehabilitating, altering, modifying, and making improvements, including
customized tenant improvements, to any replacement or expanded
Operations Systems Center facility: Provided, That none of the funds
made available by this or any other Act shall be available for
administrative expenses in connection with shipping commissioners in
the United States: Provided further, That none of the funds made
available by this Act shall be for expenses incurred for recreational
vessels under section 12114 of title 46, United States Code, except to
the extent fees are collected from yacht owners and credited to this
appropriation: Provided further, That the Coast Guard shall comply with
the requirements of section 527 of Public Law 108-136 with respect to
the Coast Guard Academy: Provided further, That of the funds provided
under this heading, $50,000,000 shall be withheld from obligation for
Headquarters Directorates until: (1) the fiscal year 2010 second
quarter acquisition report required by Public Law 108-7 and the fiscal
year 2008 joint explanatory statement accompanying Public Law 110-161;
(2) the Revised Deepwater Implementation Plan; and (3) the future-years
capital investment plan for fiscal years 2011-2015 are received by the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That funds made available under this
heading for overseas deployments and other activities pursuant to
sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010, may be
allocated by program, project, and activity, notwithstanding section
503 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,198,000, to remain available until
expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $133,632,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,537,080,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $121,000,000 shall be available until
September 30, 2014, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $129,500,000 shall be
available until September 30, 2012, for other equipment; of which
$27,100,000 shall be available until September 30, 2012, for shore
facilities and aids to navigation facilities, including not less than
$300,000 for the Coast Guard Academy Pier and not less than $16,800,000
for Coast Guard Station Cleveland Harbor; of which $105,200,000 shall
be available for personnel compensation and benefits and related costs;
and of which $1,154,280,000 shall be available until September 30,
2014, for the Integrated Deepwater Systems program: Provided, That of
the funds made available for the Integrated Deepwater Systems program,
$269,000,000 is for aircraft and $730,680,000 is for surface ships:
Provided further, That the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, in conjunction with the President's fiscal year 2011
budget, a review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an annual
performance comparison of Integrated Deepwater Systems program assets
to pre-Deepwater legacy assets; a status report of such legacy assets;
a detailed explanation of how the costs of such legacy assets are being
accounted for within the Integrated Deepwater Systems program; and the
earned value management system gold card data for each Integrated
Deepwater Systems program asset: Provided further, That the Secretary
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, in conjunction with the fiscal year 2011
budget request, a comprehensive review of the Revised Deepwater
Implementation Plan, and every 5 years thereafter, that includes a
complete projection of the acquisition costs and schedule for the
duration of the plan: Provided further, That the Secretary shall
annually submit to the Committees on Appropriations of the Senate and
the House of Representatives, at the time that the President's budget
is submitted under section 1105(a) of title 31, United States Code, a
future-years capital investment plan for the Coast Guard that
identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the next
5 fiscal years or until project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of completion
or estimated completion date from previous future-years capital
investment plans submitted to the Committees on Appropriations of
the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent,
to the maximum extent practicable, with proposed appropriations
necessary to support the programs, projects, and activities of the
Coast Guard in the President's budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital investment plan
and proposed appropriations shall be identified and justified: Provided
further, That subsections (a) and (b) of section 6402 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) shall apply to fiscal year
2010.
alteration of bridges
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $4,000,000, to remain available until expended: Provided, That of
the amounts made available under this heading, $4,000,000 shall be for
the Fort Madison Bridge in Fort Madison, Iowa.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$24,745,000, to remain available until expended, of which $500,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,361,245,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including: purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of Columbia,
and fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may be
necessary to perform protective functions; payment of per diem or
subsistence allowances to employees where a protective assignment
during the actual day or days of the visit of a protectee requires an
employee to work 16 hours per day or to remain overnight at a post of
duty; conduct of and participation in firearms matches; presentation of
awards; travel of United States Secret Service employees on protective
missions without regard to the limitations on such expenditures in this
or any other Act if approval is obtained in advance from the Committees
on Appropriations of the Senate and the House of Representatives;
research and development; grants to conduct behavioral research in
support of protective research and operations; and payment in advance
for commercial accommodations as may be necessary to perform protective
functions; $1,478,669,000, of which not to exceed $25,000 shall be for
official reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations; of
which $2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of which
$6,000,000 shall be for a grant for activities related to the
investigations of missing and exploited children and shall remain
available until expended: Provided, That up to $18,000,000 for
protective travel shall remain available until September 30, 2011:
Provided further, That up to $1,000,000 for National Special Security
Events shall remain available until expended: Provided further, That
the United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as
defined in section 105 of title 5, United States Code, receiving
training sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: Provided further, That none of the funds made available
under this heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Secretary of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security purposes: Provided
further, That none of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided further, That the
Director of the United States Secret Service may enter into an
agreement to perform such service on a fully reimbursable basis:
Provided further, That of the total amount made available under this
heading, $33,960,000, to remain available until expended, is for
information technology modernization: Provided further, That none of
the funds made available in the preceding proviso shall be obligated to
purchase or install information technology equipment until the Chief
Information Officer of the Department of Homeland Security submits a
report to the Committees on Appropriations of the Senate and the House
of Representatives certifying that all plans for such modernization are
consistent with Department of Homeland Security data center migration
and enterprise architecture requirements: Provided further, That none
of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be obligated for the purpose
of opening a new permanent domestic or overseas office or location
unless the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,975,000, to remain
available until expended.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management
and Analysis, $44,577,000: Provided, That not to exceed $5,000 shall be
for official reception and representation expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$899,416,000, of which $760,155,000 shall remain available until
September 30, 2011: Provided, That of the amount made available under
this heading, $161,815,000 may not be obligated for the National Cyber
Security Division program and $12,500,000 may not be obligated for the
Next Generation Networks program until the Committees on Appropriations
of the Senate and the House of Representatives receive and approve a
plan for expenditure for each of these programs that describes the
strategic context of the program, the specific goals and milestones set
for the program, and the funds allocated to achieving each of those
goals and milestones: Provided further, That of the total amount
provided, no less than: $20,000,000 is for the National Infrastructure
Simulation and Analysis Center; $1,000,000 is for Philadelphia
infrastructure monitoring; $3,500,000 is for State and local cyber
security training; $3,000,000 is for the Power and Cyber Systems
Protection, Analysis, and Testing Program at the Idaho National
Laboratory; $3,500,000 is for the Cyber Security Test Bed and
Evaluation Center; $3,000,000 is for the Multi-State Information
Sharing and Analysis Center; $500,000 is for the Virginia Operational
Integration Cyber Center of Excellence; $100,000 is for the Upstate New
York Cyber Initiative; and $1,000,000 is for interoperable
communications, technical assistance, and outreach programs.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally-owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives no later
than December 31, 2009, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2010 through revenues and
collection of security fees, and shall adjust the fees to ensure fee
collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,200 full-time equivalent staff and
900 full-time equivalent Police Officers, Inspectors, Area Commanders,
and Special Agents who, while working, are directly engaged on a daily
basis protecting and enforcing laws at Federal buildings (referred to
as ``in-service field staff'').
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $373,762,000, to
remain available until expended: Provided, That of the total amount
made available under this heading, $75,000,000 may not be obligated for
the United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure, prepared by
the Secretary of Homeland Security, not later than 90 days after the
date of enactment of this Act that meets the statutory conditions
specified under this heading in Public Law 110-329: Provided further,
That not less than $28,000,000 of unobligated balances of prior year
appropriations shall remain available and be obligated solely for
implementation of a biometric air exit capability.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$139,250,000, of which $30,411,000 is for salaries and expenses:
Provided, That $108,839,000 shall remain available until September 30,
2011, for biosurveillance, BioWatch, medical readiness planning,
chemical response, and other activities, including $5,000,000 for the
North Carolina Collaboratory for Bio-Preparedness, University of North
Carolina, Chapel Hill: Provided further, That not to exceed $3,000
shall be for official reception and representation expenses.
Federal Emergency Management Agency
management and administration
For necessary expenses for management and administration of the
Federal Emergency Management Agency, $797,650,000, including activities
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire
Assistance Act of 2000 (division C, title I, 114 Stat. 583), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina
Emergency Management Reform Act of 2006 (Public Law 109-295; 120 Stat.
1394): Provided, That not to exceed $3,000 shall be for official
reception and representation expenses: Provided further, That the
President's budget submitted under section 1105(a) of title 31, United
States Code, shall be detailed by office for the Federal Emergency
Management Agency: Provided further, That of the total amount made
available under this heading, not to exceed $36,300,000 shall remain
available until September 30, 2011, for capital improvements at the
Mount Weather Emergency Operations Center: Provided further, That of
the total amount made available under this heading, $32,500,000 shall
be for the Urban Search and Rescue Response System, of which not to
exceed $1,600,000 may be made available for administrative costs; and
$6,995,000 shall be for the Office of National Capital Region
Coordination: Provided further, That for purposes of planning,
coordination, execution, and decision-making related to mass evacuation
during a disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be incorporated
into efforts to integrate the activities of Federal, State, and local
governments in the National Capital Region, as defined in section 882
of Public Law 107-296, the Homeland Security Act of 2002.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $3,015,200,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605): Provided, That of the amount provided by this
paragraph, $60,000,000 shall be for Operation Stonegarden: Provided
further, That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2010, the Commonwealth of Puerto Rico shall
make available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in accordance
with subsection (c)(1) of such section 2004.
(2) $887,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604), of which, notwithstanding subsection (c)(1) of such
section, $19,000,000 shall be for grants to organizations (as
described under section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax section 501(a) of such code) determined by
the Secretary of Homeland Security to be at high risk of a
terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic Preparedness
Grants.
(4) $41,000,000 shall be for the Metropolitan Medical Response
System under section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
(5) $13,000,000 shall be for the Citizen Corps Program.
(6) $300,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance, under sections 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; $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
(C) $3,000,000 shall be for the Rural Domestic Preparedness
Consortium, Eastern Kentucky University:
Provided, That 4 percent of the amounts provided under this heading
shall be transferred to the Federal Emergency Management Agency
``Management and Administration'' account for program administration,
and an expenditure plan for program administration shall be provided to
the Committees on Appropriations of the Senate and the House of
Representatives within 60 days after the date of enactment of this Act:
Provided further, That notwithstanding section 2008(a)(11) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other
provision of law, a grantee may use not more than 5 percent of the
amount of a grant made available under this heading for expenses
directly related to administration of the grant: Provided further,
That for grants under paragraphs (1) through (5), the applications for
grants shall be made available to eligible applicants not later than 25
days after the date of enactment of this Act, that eligible applicants
shall submit applications not later than 90 days after the grant
announcement, and that the Administrator of the Federal Emergency
Management Agency shall act within 90 days after receipt of an
application: Provided further, That for grants under paragraphs (6)
through (11), the applications for grants shall be made available to
eligible applicants not later than 30 days after the date of enactment
of this Act, that eligible applicants shall submit applications within
45 days after the grant announcement, and that the Federal Emergency
Management Agency shall act not later than 60 days after receipt of an
application: Provided further, That for grants under paragraphs (1) and
(2), the installation of communications towers is not considered
construction of a building or other physical facility: Provided
further, That grantees shall provide reports on their use of funds, as
determined necessary by the Secretary: Provided further, That (a) the
Center for Domestic Preparedness may provide training to emergency
response providers from the Federal Government, foreign governments, or
private entities, if the Center for Domestic Preparedness is reimbursed
for the cost of such training, and any reimbursement under this
subsection shall be credited to the account from which the expenditure
being reimbursed was made and shall be available, without fiscal year
limitation, for the purposes for which amounts in the account may be
expended, and (b) the head of the Center for Domestic Preparedness
shall ensure that any training provided under (a) does not interfere
with the primary mission of the Center to train State and local
emergency response providers.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$810,000,000, of which $390,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a), to
remain available until September 30, 2011: Provided, That not to exceed
5 percent of the amount available under this heading shall be available
for program administration, and an expenditure plan for program
administration shall be provided to the Committees on Appropriations of
the Senate and the House of Representatives within 60 days of the date
of enactment of this Act.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $340,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total amount
appropriated under this heading, and an expenditure plan for program
administration shall be provided to the Committees on Appropriations of
the Senate and the House of Representatives within 60 days of the date
of enactment of this Act.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2010, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2010, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $45,588,000.
disaster relief
(including transfers of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,600,000,000, to remain available until expended: Provided, That the
Federal Emergency Management Agency shall submit an expenditure plan to
the Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds for disaster readiness
and support within 60 days after the date of enactment of this Act:
Provided further, That the Federal Emergency Management Agency shall
submit to such Committees a quarterly report detailing obligations
against the expenditure plan and a justification for any changes in
spending: Provided further, That of the total amount provided,
$16,000,000 shall be transferred to the Department of Homeland Security
Office of Inspector General for audits and investigations related to
disasters, subject to section 503 of this Act: Provided further, That
$105,600,000 shall be transferred to Federal Emergency Management
Agency ``Management and Administration'' for management and
administration functions: Provided further, That the amount provided in
the previous proviso shall not be available for transfer to
``Management and Administration'' until the Federal Emergency
Management Agency submits an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives: Provided
further, That the Federal Emergency Management Agency shall submit the
monthly ``Disaster Relief'' report, as specified in Public Law 110-161,
to the Committees on Appropriations of the Senate and the House of
Representatives, and include the amounts provided to each Federal
agency for mission assignments: Provided further, That for any request
for reimbursement from a Federal agency to the Department of Homeland
Security to cover expenditures under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any
mission assignment orders issued by the Department for such purposes,
the Secretary of Homeland Security shall take appropriate steps to
ensure that each agency is periodically reminded of Department policies
on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for
the cost of direct loans: Provided, That gross obligations for the
principal amount of direct loans shall not exceed $25,000,000: Provided
further, That the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
flood map modernization fund
For necessary expenses under section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
available until expended: Provided, That total administrative costs
shall not exceed 3 percent of the total amount appropriated under this
heading.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $146,000,000, which shall be derived from
offsetting collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), which is
available as follows: (1) not to exceed $38,680,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations; and (2) no less than $107,320,000 for flood plain
management and flood mapping, which shall remain available until
September 30, 2011: Provided, That any additional fees collected
pursuant to section 1308(d) of the 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), as authorized by section
402 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That of the amounts made
available for the basic pilot program (E-Verify Program), $30,000,000
shall remain available until September 30, 2011: Provided further, That
notwithstanding any other provision of law, funds available to United
States Citizenship and Immigration Services may be used to acquire,
operate, equip, and dispose of up to five vehicles, for replacement
only, for areas where the Administrator of General Services does not
provide vehicles for lease: Provided further, That the Director of
United States Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment:
Provided further, That none of the funds made available under this
heading may be obligated for processing applications for asylum or
refugee status unless the Secretary of Homeland Security has published
a final rule updating part 103 of title 8, Code of Federal Regulations,
to discontinue the asylum/refugee surcharge: Provided further, That
none of the funds made available under this heading may be obligated
for development of the ``REAL ID hub'' until the Committees on
Appropriations of the Senate and the House of Representatives receive a
plan for expenditure for that program that describes the strategic
context of the program, the specific goals and milestones set for the
program, and the funds allocated for achieving each of these goals and
milestones: Provided further, That none of the funds made available in
this Act for grants for immigrant integration may be used to provide
services to aliens who have not been lawfully admitted for permanent
residence.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $239,356,000, of which up to $47,751,000 shall
remain available until September 30, 2011, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended for Federal law enforcement
agencies participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for the needs
of participating agencies; and of which not to exceed $12,000 shall be
for official reception and representation expenses: Provided, That the
Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by the
Center, except that total obligations at the end of the fiscal year
shall not exceed 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, That not less than $10,000,000 shall be available for
the National Institute for Hometown Security, Kentucky: Provided
further, That not less than $2,000,000 shall be available for the Naval
Postgraduate School: Provided further, That not less than $1,000,000
shall be available to continue a homeland security research,
development, and manufacturing pilot project: Provided further, That
not less than $500,000 shall be available for a demonstration project
to develop situational awareness and decision support capabilities
through remote sensing technologies: Provided further, That not less
than $4,000,000 shall be available for a pilot program to develop a
replicable port security system that would improve maritime domain
awareness: Provided further, That $32,000,000 shall be for the National
Bio- and Agro-defense Facility, of which up to $2,000,000 may be
obligated for the National Academy of Sciences to complete the Letter
Report required in section 560(b) of this Act.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) as amended, for management and administration of
programs and activities, $38,500,000: Provided, That not to exceed
$3,000 shall be for official reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $324,537,000, to
remain available until September 30, 2012.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $20,000,000, to remain available
until September 30, 2012: Provided, That none of the funds appropriated
under this heading in this Act or any other Act shall be obligated for
full-scale procurement of Advanced Spectroscopic Portal monitors until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a report
certifying that a significant increase in operational effectiveness
will be achieved by such obligation: Provided further, That the
Secretary shall submit separate and distinct certifications prior to
the procurement of Advanced Spectroscopic Portal monitors for primary
and secondary deployment that address the unique requirements for
operational effectiveness of each type of deployment: Provided further,
That the Secretary shall continue to consult with the National Academy
of Sciences before making such certifications: Provided further, That
none of the funds appropriated under this heading shall be used for
high-risk concurrent development and production of mutually dependent
software and hardware.
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program, project, or activity; (2) eliminates a program,
project, office, or activity; (3) increases funds for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific
activity by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5) contracts
out any function or activity for which funding levels were requested
for Federal full-time equivalents in the object classification tables
contained in the fiscal year 2010 Budget Appendix for the Department of
Homeland Security, as modified by the joint explanatory statement
accompanying this Act, unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days in advance
of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a change in
existing programs, projects, or activities as approved by the Congress,
unless the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the protection of
property.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2010: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2010 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That such
fund shall be paid in advance or reimbursed at rates which will return
the full cost of each service: Provided further, That the Working
Capital Fund shall be subject to the requirements of section 503 of
this Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2010 from appropriations for salaries and expenses
for fiscal year 2010 in this Act shall remain available through
September 30, 2011, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2010 until the enactment of an Act authorizing
intelligence activities for fiscal year 2010.
Sec. 507. None of the funds made available by this Act may be used
to make a grant allocation, grant award, contract award, Other
Transaction Agreement, a task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter of
intent totaling in excess of $1,000,000, or to announce publicly the
intention to make such an award, including a contract covered by the
Federal Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the Senate and
the House of Representatives at least 3 full business days in advance
of making such an award or issuing such a letter: Provided, That if the
Secretary of Homeland Security determines that compliance with this
section would pose a substantial risk to human life, health, or safety,
an award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified not later than 5 full business days after such an award is
made or letter issued: Provided further, That no notification shall
involve funds that are not available for obligation: Provided further,
That the notification shall include the amount of the award, the fiscal
year for which the funds for the award were appropriated, and the
account from which the funds are being drawn: Provided further, That
the Federal Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives 5 full
business days in advance of announcing publicly the intention of making
an award under ``State and Local Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 519, 520, 522, 528, 530, and 531 of the
Department of Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2072, 2073, 2074, 2082) shall apply with
respect to funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided as of June 1, 2004, by
employees (including employees serving on a temporary or term basis) of
United States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 514. (a) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air carriers
and airports to ensure that the screening of cargo carried on passenger
aircraft, as defined in section 44901(g)(5) of title 49, United States
Code, increases incrementally each quarter until the requirement of
section 44901(g)(2)(B) of title 49 is met.
(b) Not later than 45 days after the end of each quarter, the
Assistant Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a report on air cargo
inspection statistics by airport and air carrier detailing the
incremental progress being made to meet the requirement of section
44901(g)(2)(B) of title 49, United States Code.
(c) Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a report
on how the Transportation Security Administration plans to meet the
requirement for screening all air cargo on passenger aircraft by the
deadline under section 44901(g) of title 49, United States Code. The
report shall identify the elements of the system to screen 100 percent
of cargo transported between domestic airports at a level of security
commensurate with the level of security for the screening of passenger
checked baggage.
Sec. 515. Within 45 days after the end of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month
that includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract employees for
each office of the Department.
Sec. 516. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' for fiscal years 2004, 2005, 2006,
2007, and 2008 that are recovered or deobligated shall be available
only for the procurement or installation of explosives detection
systems, air cargo, baggage, and checkpoint screening systems, subject
to notification: Provided, That quarterly reports shall be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives on any funds that are recovered or deobligated.
Sec. 517. Any funds appropriated to Coast Guard ``Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Replacement Patrol Boat (FRC-B) program.
Sec. 518. (a) None of the funds provided by this or any other Act
may be obligated for the development, testing, deployment, or operation
of any portion of a human resources management system authorized by
section 9701(a) of title 5, United States Code, or by regulations
prescribed pursuant to such section, for an employee, as that term is
defined in section 7103(a)(2) of such title.
(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in section 9701(e) of
title 5, United States Code, in the planning, testing, and development
of any portion of a human resources management system that is
developed, tested, or deployed for persons excluded from the definition
of employee as that term is defined in section 7103(a)(2) of such
title.
Sec. 519. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2009'' and inserting ``2010''.
Sec. 520. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 521. (a) Except as provided in subsection (b), none of the
funds appropriated in this or any other Act to the Office of the
Secretary and Executive Management, the Office of the Under Secretary
for Management, or the Office of the Chief Financial Officer, may be
obligated for a grant or contract funded under such headings by any
means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute, including
obligation for a purchase made under a mandated preferential
program, including the AbilityOne Program, that is authorized under
the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified acquisition threshold
described under section 302A(a) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252a(a)); or
(4) by another Federal agency using funds provided through an
interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland Security
may waive the application of this section for the award of a contract
in the interest of national security or if failure to do so would pose
a substantial risk to human health or welfare.
(2) Not later than 5 days after the date on which the Secretary of
Homeland Security issues a waiver under this subsection, the Secretary
shall submit notification of that waiver to the Committees on
Appropriations of the Senate and the House of Representatives,
including a description of the applicable contract and an explanation
of why the waiver authority was used. The Secretary may not delegate
the authority to grant such a waiver.
(d) In addition to the requirements established by subsections (a),
(b), and (c) of this section, the Inspector General of the Department
of Homeland Security shall review departmental contracts awarded
through means other than a full and open competition to assess
departmental compliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected contracts awarded in
the previous fiscal year through means other than a full and open
competition: Provided further, That in selecting which contracts to
review, the Inspector General shall consider the cost and complexity of
the goods and services to be provided under the contract, the
criticality of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the results
of the reviews to the Committees on Appropriations of the Senate and
the House of Representatives no later than February 5, 2010.
Sec. 522. Except as provided in paragraphs (1) and (2) of this
section, none of the funds provided by this or previous appropriations
Acts shall be used to fund any position designated as a Principal
Federal Official, or any successor position, for any Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
declared disasters or emergencies--
(1) The Secretary of Homeland Security may waive the
application of this section provided that any field position
appointed pursuant to this waiver shall not hold the title of
Principal Federal Official, shall functionally report through the
Federal Coordinating Officer appointed under section 302 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5143), and shall be subject to the provisions of subsection
(c) of section 319 of title 6, United States Code. The Secretary
may not delegate the authority to grant such a waiver.
(2) Not later than 10 business days after the date on which the
Secretary of Homeland Security issues a waiver under this section,
the Secretary shall submit notification of that waiver to the
Committees on Appropriations of the Senate and the House of
Representatives, the Transportation and Infrastructure Committee of
the House of Representatives, and the Homeland Security and
Governmental Affairs Committee of the Senate explaining the
circumstances necessitating the waiver, describing the specific
role of any officials appointed pursuant to the waiver, and
outlining measures taken to ensure compliance with subsection (c)
of section 319 and subsections (c)(3) and (c)(4)(A) of section 313
of title 6, United States Code.
Sec. 523. None of the funds made available in this or any other
Act may be used to enforce section 4025(1) of Public Law 108-458 unless
the Assistant Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007, that
butane lighters are not a significant threat to civil aviation
security.
Sec. 524. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of the
enactment of this Act.
Sec. 525. None of the funds provided in this Act shall be
available to carry out section 872 of the Homeland Security Act of 2002
(6 U.S.C. 452).
Sec. 526. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 527. None of the funds made available in this Act may be used
to destroy or put out to pasture any horse or other equine belonging to
the Federal Government that has become unfit for service, unless the
trainer or handler is first given the option to take possession of the
equine through an adoption program that has safeguards against
slaughter and inhumane treatment.
Sec. 528. None of the funds provided in this Act under the heading
``Office of the Chief Information Officer'' shall be used for data
center development other than for Data Center One (National Center for
Critical Information Processing and Storage) until the Chief
Information Officer certifies that Data Center One is fully utilized as
the Department's primary data storage center at the highest capacity
throughout the fiscal year.
Sec. 529. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 530. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 531. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30, 2009''
and inserting ``Until September 30, 2010,''; and
(2) in subsection (d)(1), by striking ``September 30, 2009,''
and inserting ``September 30, 2010,''.
Sec. 532. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 533. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for
any new hires by the Department of Homeland Security that are not
verified through the basic pilot program (E-Verify Program) under
section 401 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 534. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section shall
apply only to individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day supply:
Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 535. None of the funds made available in this Act may be used
by the Secretary of Homeland Security or any delegate of the Secretary
to issue any rule or regulation which implements the Notice of Proposed
Rulemaking related to Petitions for Aliens To Perform Temporary
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed.
Reg. 3984 (January 27, 2005).
Sec. 536. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under subsection (g)(4)(B) of
title 31, Unites States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 537. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 538. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an airport
does not need to participate in the basic pilot program (E-Verify
Program) under section 402 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the
Assistant Secretary shall certify to the Committees on Appropriations
of the Senate and the House of Representatives that no security risks
will result from such non-participation.
Sec. 539. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date that
the President determines whether to declare a major disaster because of
an event and any appeal is completed, the Administrator shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and Infrastructure of
the House of Representatives, the Committees on Appropriations of the
Senate and the House of Representatives, and publish on the website of
the Federal Emergency Management Agency, a report regarding that
decision, which shall summarize damage assessment information used to
determine whether to declare a major disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of the
Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that term
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
Sec. 540. Notwithstanding any other provision of law, should the
Secretary of Homeland Security determine that the National Bio- and
Agro-defense Facility be located at a site other than Plum Island, New
York, the Secretary shall have the Administrator of General Services
sell through public sale all real and related personal property and
transportation assets which support Plum Island operations, subject to
such terms and conditions as necessary to protect government interests
and meet program requirements: Provided, That the gross proceeds of
such sale shall be deposited as offsetting collections into the
Department of Homeland Security Science and Technology ``Research,
Development, Acquisition, and Operations'' account and, subject to
appropriation, shall be available until expended, for site acquisition,
construction, and costs related to the construction of the National
Bio- and Agro-defense Facility, including the costs associated with the
sale, including due diligence requirements, necessary environmental
remediation at Plum Island, and reimbursement of expenses incurred by
the General Services Administration which shall not exceed 1 percent of
the sale price or $5,000,000, whichever is greater: Provided further,
That after the completion of construction and environmental
remediation, the unexpended balances of funds appropriated for costs in
the preceding proviso shall be available for transfer to the
appropriate account for design and construction of a consolidated
Department of Homeland Security Headquarters project, excluding daily
operations and maintenance costs, notwithstanding section 503 of this
Act, and the Committees on Appropriations of the Senate and the House
of Representatives shall be notified 15 days prior to such transfer.
Sec. 541. The explanatory statement referenced in section 4 of
Public Law 110-161 for ``National Predisaster Mitigation Fund'' under
Federal Emergency Management Agency is deemed to be amended--
(1) by striking ``Dalton Fire District'' and all that follows
through ``750,000'' and inserting the following:
``Franklin Regional Council of Governments, MA............. 250,000
Town of Lanesborough, MA................................... 175,000
University of Massachusetts, MA............................ 175,000'';
(2) by striking ``Santee and'';
(3) by striking ``3,000,000'' and inserting ``1,500,000'';
(4) by inserting after the item relating to Adjutant General's
Office of Emergency Preparedness the following:
``Town of Branchville, SC.................................. 1,500,000''
;
and
(5) by striking ``Public Works Department of the City of Santa
Cruz, CA'' and inserting ``Monterey County Water Resources Agency,
CA''.
Sec. 542. Any official that is required by this Act to report or
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 543. Section 203(m) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``September 30, 2009'' and inserting ``September 30, 2010''.
Sec. 544. (a) Not later than 3 months after the date of enactment
of this Act, the Secretary of Homeland Security shall consult with the
Secretaries of Defense and Transportation and develop a concept of
operations for unmanned aircraft systems in the United States national
airspace system for the purposes of border and maritime security
operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of enactment of
this Act on any foreseeable challenges to complying with subsection
(a).
Sec. 545. From unobligated amounts that are available to the Coast
Guard for fiscal year 2008 or 2009 for ``Acquisition, Construction, and
Improvements'' for shoreside facilities and aids to navigation at Coast
Guard Sector Buffalo, the Secretary of Homeland Security shall use such
sums as may be necessary to make improvements to the land along the
northern portion of Sector Buffalo to enhance public access to the
Buffalo Lighthouse and the waterfront.
Sec. 546. For fiscal year 2010 and thereafter, the Secretary may
provide to personnel appointed or assigned to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I of
the Foreign Service Act of 1990 (22 U.S.C. 4081 et seq.).
Sec. 547. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
by striking ``at the end of the 11-year period beginning on the first
day the pilot program is in effect.'' and inserting ``on September 30,
2012.''.
Sec. 548. Section 610(b) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) is amended by striking ``for 15 years'' and
inserting ``until September 30, 2012''.
Sec. 549. (a) In addition to collection of registration fees
described in section 244(c)(1)(B) of the Immigration and Nationality
Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting services,
biometric services, and other necessary services may be collected when
administering the program described in section 244 of such Act.
(b) Subsection (a) shall be construed to apply for fiscal year 1998
and each fiscal year thereafter.
Sec. 550. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
amended by striking ``three years after the date of enactment of this
Act'' and inserting ``on October 4, 2010''.
Sec. 551. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1),
and 405(b)(2) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C.
1324a note) are amended by striking ``basic pilot program'' each
place that term appears and inserting ``E-Verify Program''.
(2) The heading of section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 is amended by striking
``Basic Pilot'' and inserting ``E-Verify''.
(b) Section 404(h)(1) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C.
1324a note) is amended by striking ``under a pilot program'' and
inserting ``under this subtitle''.
Sec. 552. (a) None of the funds made available in this or any other
Act may be used to release an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, or the District of Columbia, into any of
the United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act may
be used to transfer an individual who is detained, as of June 24, 2009,
at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).
(c) None of the funds made available in this or any other Act may
be used to transfer an individual who is detained, as of June 24, 2009,
at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes
of prosecuting such individual, or detaining such individual during
legal proceedings, until 45 days after the plan described in subsection
(d) is received.
(d) The President shall submit to Congress, in classified form, a
plan regarding the proposed disposition of any individual covered by
subsection (c) who is detained as of June 24, 2009. Such plan shall
include, at a minimum, each of the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United States,
Alaska, Hawaii, the District of Columbia, or the United States
territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in paragraphs
(1), (2), and (7).
(6) A copy of a notification to the Governor of the State to
which the individual will be transferred, to the Mayor of the
District of Columbia if the individual will be transferred to the
District of Columbia, or to any United States territories with a
certification by the Attorney General of the United States in
classified form at least 14 days prior to such transfer (together
with supporting documentation and justification) that the
individual poses little or no security risk to the United States.
(7) An assessment of any risk to the national security of the
United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer and
the actions taken to mitigate such risk.
(e) None of the funds made available in this or any other Act may
be used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
individual's nationality or last habitual residence or to any other
country other than the United States or to a freely associated State,
unless the President submits to the Congress, in classified form, at
least 15 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or released
and the country or the freely associated State to which such
individual is to be transferred or released.
(2) An assessment of any risk to the national security of the
United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer or
release and the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the freely
associated State for the acceptance of such individual, including
the amount of any financial assistance related to such agreement.
(f) None of the funds made available in this Act may be used to
provide any immigration benefit (including a visa, admission into the
United States or any of the United States territories, parole into the
United States or any of the United States territories (other than
parole for the purposes of prosecution and related detention), or
classification as a refugee or applicant for asylum) to any individual
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
Cuba.
(g) In this section, the term ``freely associated States'' means
the Federated States of Micronesia (FSM), the Republic of the Marshall
Islands (RMI), and the Republic of Palau.
(h) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to the
Congress a report in classified form describing the disposition or
legal status of each individual detained at the facility as of the date
of enactment of this Act.
Sec. 553. Section 44903(j)(2)(C) of title 49, United States Code,
is amended by adding at the end the following new clause:
``(v) Inclusion of detainees on no fly list.--The
Assistant Secretary, in coordination with the Terrorist
Screening Center, shall include on the No Fly List any
individual who was a detainee held at the Naval Station,
Guantanamo Bay, Cuba, unless the President certifies in
writing to Congress that the detainee poses no threat to
the United States, its citizens, or its allies. For
purposes of this clause, the term `detainee' means an
individual in the custody or under the physical control of
the United States as a result of armed conflict.''.
Sec. 554. For fiscal year 2010 and thereafter, the Secretary of
Homeland Security may collect fees from any non-Federal participant in
a conference, seminar, exhibition, symposium, or similar meeting
conducted by the Department of Homeland Security in advance of the
conference, either directly or by contract, and those fees shall be
credited to the appropriation or account from which the costs of the
conference, seminar, exhibition, symposium, or similar meeting are paid
and shall be available to pay the costs of the Department of Homeland
Security with respect to the conference or to reimburse the Department
for costs incurred with respect to the conference: Provided, That in
the event the total amount of fees collected with respect to a
conference exceeds the actual costs of the Department of Homeland
Security with respect to the conference, the amount of such excess
shall be deposited into the Treasury as miscellaneous receipts:
Provided further, That the Secretary shall provide a report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than January 5, 2011, providing the level of
collections and a summary by agency of the purposes and levels of
expenditures for the prior fiscal year, and shall report annually
thereafter.
Sec. 555. For purposes of section 210C of the Homeland Security
Act of 2002 (6 U.S.C. 124j) a rural area shall also include any area
that is located in a metropolitan statistical area and a county,
borough, parish, or area under the jurisdiction of an Indian tribe with
a population of not more than 50,000.
Sec. 556. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 557. None of the funds made available in this Act may be used
to propose or effect a disciplinary or adverse action, with respect to
any Department of Homeland Security employee who engages regularly with
the public in the performance of his or her official duties solely
because that employee elects to utilize protective equipment or
measures, including but not limited to surgical masks, N95 respirators,
gloves, or hand-sanitizers, where use of such equipment or measures is
in accord with Department of Homeland Security policy, and Centers for
Disease Control and Prevention and Office of Personnel Management
guidance.
Sec. 558. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 559. (a) Subject to subsection (b), none of the funds
appropriated or otherwise made available by this Act may be available
to operate the Loran-C signal after January 4, 2010.
(b) The limitation in subsection (a) shall take effect only if:
(1) the Commandant of the Coast Guard certifies that the
termination of the operation of the Loran-C signal as of the date
specified in subsection (a) will not adversely impact the safety of
maritime navigation; and
(2) the Secretary of Homeland Security certifies that the
Loran-C system infrastructure is not needed as a backup to the
Global Positioning System or to meet any other Federal navigation
requirement.
(c) If the certifications described in subsection (b) are made, the
Coast Guard shall, commencing January 4, 2010, terminate the operation
of the Loran-C signal and commence a phased decommissioning of the
Loran-C system infrastructure.
(d) Not later than 30 days after such certifications pursuant to
subsection (b), the Commandant shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
setting forth a proposed schedule for the phased decommissioning of the
Loran-C system infrastructure in the event of the decommissioning of
such infrastructure in accordance with subsection (c).
(e) If the certifications described in subsection (b) are made, the
Secretary of Homeland Security, acting through the Commandant of the
Coast Guard, may, notwithstanding any other provision of law, sell any
real and personal property under the administrative control of the
Coast Guard and used for the Loran-C system, by directing the
Administrator of General Services to sell such real and personal
property, subject to such terms and conditions that the Secretary
believes to be necessary to protect government interests and program
requirements of the Coast Guard: Provided, That the proceeds, less the
costs of sale incurred by the General Services Administration, shall be
deposited as offsetting collections into the Coast Guard
``Environmental Compliance and Restoration'' account and, subject to
appropriation, shall be available until expended for environmental
compliance and restoration purposes associated with the Loran-C system,
for the costs of securing and maintaining equipment that may be used as
a backup to the Global Positioning System or to meet any other Federal
navigation requirement, for the demolition of improvements on such real
property, and for the costs associated with the sale of such real and
personal property, including due diligence requirements, necessary
environmental remediation, and reimbursement of expenses incurred by
the General Services Administration: Provided further, That after the
completion of such activities, the unexpended balances shall be
available for any other environmental compliance and restoration
activities of the Coast Guard.
Sec. 560. (a) None of the funds made available by this Act may be
obligated for construction of the National Bio- and Agro-defense
Facility on the United States mainland until 30 days after the later
of:
(1) the date on which the Secretary of Homeland Security
submits to the Committee on Appropriations of the Senate and the
House of Representatives a site-specific bio-safety and bio-
security mitigation risk assessment, which includes an integrated
set of analyses using plume modeling and epidemiologic impact
modeling, to determine the requirements necessary to ensure safe
operation of the National Bio- and Agro-defense Facility at the
approved Manhattan, Kansas, site identified in the January 16,
2009, record of decision published in Federal Register Vol. 74,
Number 11, and the results of the National Academy of Sciences'
review of the risk assessment as described in paragraph (b):
Provided, That the integrated set of analyses is to determine the
extent of the dispersion of the foot-and-mouth virus following a
potential laboratory spill, the potential spread of foot-and-mouth
disease in the surrounding susceptible animal population, and its
economic impact: Provided further, That the integrated set of
analyses should also take into account specific local, State, and
national risk mitigation strategies; or
(2) the date on which the Secretary of Homeland Security, in
coordination with the Secretary of Agriculture, submits to the
Committees on Appropriations of the Senate and the House of
Representatives a report that:
(A) describes the procedure that will be used to issue the
permit to conduct foot-and-mouth disease live virus research
under section 7524 of the Food, Conservation, and Energy Act of
2008 (21 U.S.C. 113a note; Public Law 110-246); and
(B) includes plans to establish an emergency response plan
with city, regional, and State officials in the event of an
accidental release of foot-and-mouth disease or another
hazardous pathogen.
(b) With regard to the integrated set of analyses included in the
mitigation risk assessment required under paragraph (a)(1), the
Secretary of Homeland Security shall enter into a contract with the
National Academy of Sciences to evaluate the mitigation risk assessment
required by subsection (a)(1) of this section and to submit a Letter
Report: Provided, That such contract shall be entered into within 90
days from the date of enactment of this Act, and the National Academy
of Sciences shall complete its assessment and submit its Letter Report
within four months after the date the Department of Homeland Security
concludes the risk assessment.
Sec. 561. (a) Short Title.--This section may be cited as the
``American Communities' Right to Public Information Act''.
(b) In General.--Section 70103(d) of title 46, United States Code,
is amended to read as follows:
``(d) Nondisclosure of Information.--
``(1) In general.--Information developed under this section or
sections 70102, 70104, and 70108 is not required to be disclosed to
the public, including--
``(A) facility security plans, vessel security plans, and
port vulnerability assessments; and
``(B) other information related to security plans,
procedures, or programs for vessels or facilities authorized
under this section or sections 70102, 70104, and 70108.
``(2) Limitations.--Nothing in paragraph (1) shall be construed
to authorize the designation of information as sensitive security
information (as defined in section 1520.5 of title 49, Code of
Federal Regulations)--
``(A) to conceal a violation of law, inefficiency, or
administrative error;
``(B) to prevent embarrassment to a person, organization,
or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.''.
(c) Conforming Amendments.--
(1) Section 114(r) of title 49, United States Code, is amended
by adding at the end thereof the following:
``(4) Limitations.--Nothing in this subsection, or any other
provision of law, shall be construed to authorize the designation
of information as sensitive security information (as defined in
section 1520.5 of title 49, Code of Federal Regulations)--
``(A) to conceal a violation of law, inefficiency, or
administrative error;
``(B) to prevent embarrassment to a person, organization,
or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.''.
(2) Section 40119(b) of title 49, United States Code, is
amended by adding at the end thereof the following:
``(3) Nothing in paragraph (1) shall be construed to authorize
the designation of information as sensitive security information
(as defined in section 15.5 of title 49, Code of Federal
Regulations)--
``(A) to conceal a violation of law, inefficiency, or
administrative error;
``(B) to prevent embarrassment to a person, organization,
or agency;
``(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:
``(B) Applicability.--This subsection shall be construed to
apply to any loan or discount made, or note, bill of exchange,
financing transaction, or other evidence of debt, originated by
an insured depository institution, a governmental entity
located in such State, or a person that is not a depository
institution described in subparagraph (A) doing business in
such State.''.
(c) Effective Period.--The amendments made by this section shall
apply with respect to contracts consummated during the period beginning
on the date of enactment of this Act and ending on December 31, 2010.
Sec. 564. (a) Short Title.--This section may be cited as the ``OPEN
FOIA Act of 2009''.
(b) Specific Citations in Statutory Exemptions.--Section 552(b) of
title 5, United States Code, is amended by striking paragraph (3) and
inserting the following:
``(3) specifically exempted from disclosure by statute (other
than section 552b of this title), if that statute--
``(A)(i) requires that the matters be withheld from the
public in such a manner as to leave no discretion on the issue;
or
``(ii) establishes particular criteria for withholding or
refers to particular types of matters to be withheld; and
``(B) if enacted after the date of enactment of the OPEN
FOIA Act of 2009, specifically cites to this paragraph.''.
Sec. 565. (a) Short Title.--This section may be cited as the
``Protected National Security Documents Act of 2009''.
(b) Notwithstanding any other provision of the law to the contrary,
no protected document, as defined in subsection (c), shall be subject
to disclosure under section 552 of title 5, United States Code or any
proceeding under that section.
(c) Definitions.--In this section:
(1) Protected document.--The term ``protected document'' means
any record--
(A) for which the Secretary of Defense has issued a
certification, as described in subsection (d), stating that
disclosure of that record would endanger citizens of the United
States, members of the United States Armed Forces, or employees
of the United States Government deployed outside the United
States; and
(B) that is a photograph that--
(i) was taken during the period beginning on September
11, 2001, through January 22, 2009; and
(ii) relates to the treatment of individuals engaged,
captured, or detained after September 11, 2001, by the
Armed Forces of the United States in operations outside of
the United States.
(2) Photograph.--The term ``photograph'' encompasses all
photographic images, whether originals or copies, including still
photographs, negatives, digital images, films, video tapes, and
motion pictures.
(d) Certification.--
(1) In general.--For any photograph described under subsection
(c)(1), the Secretary of Defense shall issue a certification if the
Secretary of Defense determines that disclosure of that photograph
would endanger citizens of the United States, members of the United
States Armed Forces, or employees of the United States Government
deployed outside the United States.
(2) Certification expiration.--A certification and a renewal of
a certification issued pursuant to subsection (d)(3) shall expire 3
years after the date on which the certification or renewal, is
issued by the Secretary of Defense.
(3) Certification renewal.--The Secretary of Defense may
issue--
(A) a renewal of a certification at any time; and
(B) more than 1 renewal of a certification.
(4) Notice to congress.--The Secretary of Defense shall provide
Congress a timely notice of the Secretary's issuance of a
certification and of a renewal of a certification.
(e) Rule of Construction.--Nothing in this section shall be
construed to preclude the voluntary disclosure of a protected document.
(f) Effective Date.--This section shall take effect on the date of
enactment of this Act and apply to any protected document.
Sec. 566. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary reemployment
basis to conduct arbitrations of disputes as part of the arbitration
panel established by the President under section 601 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5;
123 Stat. 164).
Sec. 567. (a) In General.--Any company that collects or retains
personal information directly from individuals who participated in the
Registered Traveler program shall safeguard and dispose of such
information in accordance with the requirements in--
(1) the National Institute for Standards and Technology Special
Publication 800-30, entitled ``Risk Management Guide for
Information Technology Systems''; and
(2) the National Institute for Standards and Technology Special
Publication 800-53, Revision 3, entitled ``Recommended Security
Controls for Federal Information Systems and Organizations,'';
(3) any supplemental standards established by the Assistant
Secretary, Transportation Security Administration (referred to in
this section as the ``Assistant Secretary'').
(b) Certification.--The Assistant Secretary shall require any
company through the sponsoring entity described in subsection (a) to
provide, not later than 30 days after the date of the enactment of this
Act, written certification to the sponsoring entity that such
procedures are consistent with the minimum standards established under
paragraph (a)(1-3) with a description of the procedures used to comply
with such standards.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Assistant Secretary shall submit a report to Congress
that--
(1) describes the procedures that have been used to safeguard
and dispose of personal information collected through the
Registered Traveler program; and
(2) provides the status of the certification by any company
described in subsection (a) that such procedures are consistent
with the minimum standards established by paragraph (a)(1-3).
Sec. 568. (a) Special Immigrant Nonminister Religious Worker
Program and Other Immigration Programs.--
(1) Extension.--Subclauses (II) and (III) of section
101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)) are amended by striking ``September 30, 2009,''
each place such term appears and inserting ``September 30, 2012,''.
(2) Study and plan.--Not later than 180 days after the date of
the enactment of this Act, the Director of United States
Citizenship and Immigration Services shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that includes--
(A) the results of a study conducted under the supervision
of the Director to evaluate the Special Immigrant Nonminister
Religious Worker Program to identify the risks of fraud and
noncompliance by program participants; and
(B) a detailed plan that describes the actions to be taken
by United States Citizenship and Immigration Services to
improve the integrity of the program.
(3) Progress report.--Not later than 240 days after the
submission of the report under paragraph (2), the Director of
United States Citizenship and Immigration Services shall submit a
report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives that
describes the progress made in implementing the plan described in
clause (a)(2)(B) of this section.
(b) Conrad State 30 J-1 Visa Waiver Program.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
1182 note) is amended by striking ``September 30, 2009'' and inserting
``September 30, 2012''.
(c) Relief for Surviving Spouses.--
(1) In general.--The second sentence of section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))
is amended by striking ``for at least 2 years at the time of the
citizen's death''.
(2) Applicability.--
(A) In general.--The amendment made by paragraph (1) shall
apply to all applications and petitions relating to immediate
relative status under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))
pending on or after the date of the enactment of this Act.
(B) Transition cases.--
(i) In general.--Notwithstanding any other provision of
law, an alien described in clause (ii) who seeks immediate
relative status pursuant to the amendment made by paragraph
(1) shall file a petition under section 204(a)(1)(A)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)(ii)) not later than the date that is 2 years
after the date of the enactment of this Act.
(ii) Aliens described.--An alien is described in this
clause if--
(I) the alien's United States citizen spouse died
before the date of the enactment of this Act;
(II) the alien and the citizen spouse were married
for less than 2 years at the time of the citizen
spouse's death; and
(III) the alien has not remarried.
(d) Surviving Relative Consideration for Certain Petitions and
Applications.--
(1) Amendment.--Section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) is amended by adding at the end the following:
``(l) Surviving Relative Consideration for Certain Petitions and
Applications.--
``(1) In general.--An alien described in paragraph (2) who
resided in the United States at the time of the death of the
qualifying relative and who continues to reside in the United
States shall have such petition described in paragraph (2), or an
application for adjustment of status to that of a person admitted
for lawful permanent residence based upon the family relationship
described in paragraph (2), and any related applications,
adjudicated notwithstanding the death of the qualifying relative,
unless the Secretary of Homeland Security determines, in the
unreviewable discretion of the Secretary, that approval would not
be in the public interest.
``(2) Alien described.--An alien described in this paragraph is
an alien who, immediately prior to the death of his or her
qualifying relative, was--
``(A) the beneficiary of a pending or approved petition for
classification as an immediate relative (as described in
section 201(b)(2)(A)(i));
``(B) the beneficiary of a pending or approved petition for
classification under section 203 (a) or (d);
``(C) a derivative beneficiary of a pending or approved
petition for classification under section 203(b) (as described
in section 203(d));
``(D) the beneficiary of a pending or approved refugee/
asylee relative petition under section 207 or 208;
``(E) an alien admitted in `T' nonimmigrant status as
described in section 101(a)(15)(T)(ii) or in `U' nonimmigrant
status as described in section 101(a)(15)(U)(ii); or
``(F) an asylee (as described in section 208(b)(3)).''.
(2) Construction.--Nothing in the amendment made by paragraph
(1) may be construed to limit or waive any ground of removal, basis
for denial of petition or application, or other criteria for
adjudicating petitions or applications as otherwise provided under
the immigration laws of the United States other than ineligibility
based solely on the lack of a qualifying family relationship as
specifically provided by such amendment.
(e) Conforming Amendment to Affidavit of Support Requirement.--
Section 213A(f)(5) of the Immigration and Nationality Act (8 U.S.C.
1183a(5)) is amended by striking clauses (i) and (ii) and inserting:
``(i) the individual petitioning under section 204 of
this Act for the classification of such alien died after
the approval of such petition, and the Secretary of
Homeland Security has determined for humanitarian reasons
that revocation of such petition under section 205 would be
inappropriate; or
``(ii) the alien's petition is being adjudicated
pursuant to section 204(l) (surviving relative
consideration).''.
Sec. 569. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 570. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such contract is
entered into in accordance with the requirements of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253) or
Chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above referenced
statutes.
Sec. 571. (a) Funds made available by this Act solely for data
center migration may be transferred by the Secretary between
appropriations for the same purpose, notwithstanding section 503 of
this Act.
(b) No transfer described in (a) shall occur until 15 days after
the Committees on Appropriations of the Senate and the House and
Representatives are notified of such transfer.
Sec. 572. Specific projects contained in the report of the
Committee on Appropriations of the House of Representatives
accompanying this Act (H. Rept. 111-157) that are considered
congressional earmarks for purposes of clause 9 of rule XXI of the
Rules of the House of Representatives, when intended to be awarded to a
for-profit entity, shall be awarded under a full and open competition.
Sec. 573. From unobligated balances for fiscal year 2009 made
available for Federal Emergency Management Agency ``Trucking Industry
Security Grants'', $5,572,000 are rescinded.
Sec. 574. From the unobligated balances of prior year
appropriations made available for ``Analysis and Operations'',
$2,358,000 are rescinded.
Sec. 575. From the unobligated balances of prior year
appropriations made available for National Protection and Programs
Directorate ``Infrastructure Protection and Information Security'',
$8,000,000 are rescinded.
Sec. 576. From the unobligated balances of prior year
appropriations made available for Science and Technology ``Research,
Development, Acquisition, and Operations'', $6,944,148 are rescinded.
Sec. 577. From the unobligated balances of prior year
appropriations made available for Domestic Nuclear Detection Office
``Research, Development, and Operations'', $8,000,000 are rescinded.
Sec. 578. From the unobligated balances of prior year
appropriations made available for Transportation Security
Administration ``Research and Development'', $4,000,000 are rescinded.
Sec. 579. From the unobligated balances of prior year
appropriations made available for Coast Guard ``Acquisition,
Construction, and Improvements'', $800,000 are rescinded: Provided,
That these rescissions shall be taken from completed projects.
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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.