In the nature of a substitute.

SA 1373. Mr. REID (for Mr. Byrd (for himself, Mr. Inouye, and Mrs.
Murray)) proposed an amendment to the bill H.R. 2892, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2010, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

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

TITLE I

DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

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

Office of the Under Secretary for Management

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

Office of the Chief Financial Officer

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

Office of the Chief Information Officer

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

Analysis and Operations

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

Office of the Federal Coordinator for Gulf Coast Rebuilding

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

Office of the Inspector General

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

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

salaries and expenses

For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and
animal imports, and transportation of unaccompanied minor
aliens; purchase and lease of up to 4,500 (4,000 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,075,649,000, of
which $3,226,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $309,629,000
shall be for Air and Marine Operations; of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),
shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in
connection with preclearance operations; and of which not to
exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security: Provided, That for
fiscal year 2010, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act
may be available to compensate any employee of U.S. Customs
and Border Protection for overtime, from whatever source, in
an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies: Provided further, That of the total
amount provided, $1,700,000 shall remain available until
September 30, 2011, for the Global Advanced Passenger
Information/Passenger Name Record Program.

[[Page S7202]]

automation modernization

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

border security fencing, infrastructure, and technology

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

air and marine interdiction, operations, maintenance, and procurement

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

construction and facilities management

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

U.S. Immigration and Customs Enforcement

salaries and expenses

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

automation modernization

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

Transportation Security Administration

aviation security

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

surface transportation security

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

transportation threat assessment and credentialing

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

[[Page S7203]]

transportation security support

For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $999,580,000, to remain available
until September 30, 2011: Provided, That of the funds
appropriated under this heading, $20,000,000 may not be
obligated for headquarters administration until the Secretary
of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives
detailed expenditure plans for air cargo security, and for
checkpoint support and explosives detection systems
refurbishment, procurement, and installations on an airport-
by-airport basis for fiscal year 2010: Provided further, That
these plans shall be submitted no later than 60 days after
the date of enactment of this Act.

federal air marshals

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

Coast Guard

operating expenses

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

environmental compliance and restoration

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

reserve training

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

acquisition, construction, and improvements

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

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

alteration of bridges

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

research, development, test, and evaluation

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

retired pay

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

United States Secret Service

salaries and expenses

For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-
type use, of which 652 shall be for replacement only, and
hire of passenger motor vehicles; purchase of motorcycles
made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the
Director of the Secret Service; rental of buildings in the
District of Columbia, and fencing, lighting, guard booths,
and other facilities on private or other property not in
Government ownership or control, as may be necessary to
perform protective functions; payment of per diem or
subsistence allowances to employees where a protective
assignment during the actual day or days of the visit of a
protectee requires an employee to work 16 hours per day or to
remain overnight at a post of duty; conduct of

[[Page S7204]]

and participation in firearms matches; presentation of
awards; travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained
in advance from the Committees on Appropriations of the
Senate and the House of Representatives; research and
development; grants to conduct behavioral research in support
of protective research and operations; and payment in advance
for commercial accommodations as may be necessary to perform
protective functions; $1,482,709,000; of which not to exceed
$25,000 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide
technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of
which $6,000,000 shall be for a grant for activities related
to the investigations of missing and exploited children and
shall remain available until expended: Provided, That up to
$18,000,000 provided for protective travel shall remain
available until September 30, 2011: Provided further, That up
to $1,000,000 for National Special Security Events shall
remain available until expended: Provided further, That the
United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from Federal agencies and
entities, as defined in section 105 of title 5, United States
Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year:
Provided further, That none of the funds made available under
this heading shall be available to compensate any employee
for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of
the Secretary, may waive that amount as necessary for
national security purposes: Provided further, That none of
the funds appropriated to the United States Secret Service by
this Act or by previous appropriations Acts may be made
available for the protection of the head of a Federal agency
other than the Secretary of Homeland Security: Provided
further, That the Director of the United States Secret
Service may enter into an agreement to perform such service
on a fully reimbursable basis: Provided further, That the
United States Secret Service shall open an international
field office in Tallinn, Estonia to combat electronic crimes
with funds made available under this heading in Public Law
110-329: Provided further, That $4,040,000 shall not be made
available for obligation until enactment into law of
authorizing legislation that incorporates the authorities of
the United States Secret Service Uniformed Division into the
United States Code, including restructuring the United States
Secret Service Uniformed Division's pay chart.

acquisition, construction, improvements, and related expenses

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

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

salaries and expenses

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

infrastructure protection and information security

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

united states visitor and immigrant status indicator technology

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

federal protective service

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

Office of Health Affairs

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

Federal Emergency Management Agency

management and administration

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

state and local programs

(including transfer of funds)

For grants, contracts, cooperative agreements, and other
activities, $3,067,200,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That of the amount provided
by this paragraph, $60,000,000 shall be for Operation
Stonegarden.
(2) $887,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604), of which, notwithstanding subsection
(c)(1) of such section, $20,000,000 shall be for grants to
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary of Homeland
Security to be at high risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $40,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizen Corps Program.
(6) $356,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under sections 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135,
1163, and 1182), of which not less than $25,000,000 shall be
for Amtrak security, and not less than $6,000,000 shall be
for Over-the-Road Bus Security Assistance.
(7) $350,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(8) $50,000,000 shall be for Buffer Zone Protection Program
Grants.
(9) $50,000,000 shall be for Driver's License Security
Grants Program, pursuant to section 204(a) of the REAL ID Act
of 2005 (division B of Public Law 109-13).

[[Page S7205]]

(10) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579).
(11) $20,000,000 shall be for grants for Emergency
Operations Centers under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c), of which no less than $1,500,000 shall be for
the Ohio Emergency Management Agency Emergency Operations
Center, Columbus, Ohio; no less than $1,000,000 shall be for
the City of Chicago Emergency Operations Center, Chicago,
Illinois; no less than $600,000 shall be for the Ames
Emergency Operations Center, Ames, Iowa; no less than
$353,000 shall be for the County of Union Emergency
Operations Center, Union County, New Jersey; no less than
$300,000 shall be for the City of Hackensack Emergency
Operations Center, Hackensack, New Jersey; no less than
$247,000 shall be for the Township of South Orange Village
Emergency Operations Center, South Orange, New Jersey; no
less than $1,000,000 shall be for the City of Mount Vernon
Emergency Operations Center, Mount Vernon, New York; no less
than $900,000 shall be for the City of Whitefish Emergency
Operations Center, Whitefish, Montana; no less than
$1,000,000 shall be for the Lincoln County Emergency
Operations Center, Lincoln County, Washington; no less than
$980,000 shall be for the City of Providence Emergency
Operations Center, Providence, Rhode Island; no less than
$980,000 for the North Louisiana Regional Emergency
Operations Center, Lincoln Parish, Louisiana; and no less
than $900,000 for the City of North Little Rock Emergency
Operations Center, North Little Rock, Arkansas.
(12) $264,200,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $164,500,000 is for purposes of training in accordance
with section 1204 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1102), of which
$62,500,000 shall be for the Center for Domestic
Preparedness; $23,000,000 shall be for the National Energetic
Materials Research and Testing Center, New Mexico Institute
of Mining and Technology; $23,000,000 shall be for the
National Center for Biomedical Research and Training,
Louisiana State University; $23,000,000 shall be for the
National Emergency Response and Rescue Training Center, Texas
A&M University; $23,000,000 shall be for the National
Exercise, Test, and Training Center, Nevada Test Site;
$5,000,000 shall be for the Transportation Technology Center,
Incorporated, in Pueblo, Colorado; and $5,000,000 shall be
for the Natural Disaster Preparedness Training Center,
University of Hawaii, Honolulu, Hawaii; and
(B) $1,700,000 shall be for the Center for Counterterrorism
and Cyber Crime, Norwich University, Northfield, Vermont:

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

firefighter assistance grants

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

emergency management performance grants

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

radiological emergency preparedness program

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

united states fire administration

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

disaster relief

(including transfer of funds)

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

disaster assistance direct loan program account

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

[[Page S7206]]

flood map modernization fund

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

national flood insurance fund

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

national predisaster mitigation fund

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

emergency food and shelter

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

TITLE IV

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship and Immigration Services

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

federal law enforcement training center

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

acquisitions, construction, improvements, and related expenses

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

Science and Technology

management and administration

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

research, development, acquisition, and operations

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

Domestic Nuclear Detection Office

management and administration

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

research, development, and operations

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

systems acquisition

For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$10,000,000, to remain available until September 30, 2011:
Provided, That none of the funds appropriated under this
heading in this Act or any other Act shall be obligated for
full-scale procurement of Advanced Spectroscopic Portal
monitors until the Secretary of Homeland Security submits to
the Committees on Appropriations of the Senate and the House
of Representatives a report

[[Page S7207]]

certifying that a significant increase in operational
effectiveness will be achieved: Provided further, That the
Secretary shall submit separate and distinct certifications
prior to the procurement of Advanced Spectroscopic Portal
monitors for primary and secondary deployment that address
the unique requirements for operational effectiveness of each
type of deployment: Provided further, That the Secretary
shall continue to consult with the National Academy of
Sciences before making such certifications: Provided further,
That none of the funds appropriated under this heading shall
be used for high-risk concurrent development and production
of mutually dependent software and hardware.

TITLE V

GENERAL PROVISIONS

(including rescissions of funds)

Sec. 501.  No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502.  Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2010, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program, project, or activity; (2)
eliminates a program, project, office, or activity; (3)
increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5)
contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in
the object classification tables contained in the fiscal year
2010 Budget Appendix for the Department of Homeland Security,
as modified by the explanatory statement accompanying this
Act, unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2010, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as
approved by the Congress, unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of
funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances that imminently threaten the safety of human
life or the protection of property.
Sec. 504.  The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public
Law 103-356 (31 U.S.C. 501 note), shall continue operations
as a permanent working capital fund for fiscal year 2010:
Provided, That none of the funds appropriated or otherwise
made available to the Department of Homeland Security may be
used to make payments to the Working Capital Fund, except for
the activities and amounts allowed in the President's fiscal
year 2010 budget: Provided further, That funds provided to
the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working
Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each
Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for
purposes consistent with the contributing component: Provided
further, That such fund shall be paid in advance or
reimbursed at rates which will return the full cost of each
service: Provided further, That the Working Capital Fund
shall be subject to the requirements of section 503 of this
Act.
Sec. 505.  Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2010 from
appropriations for salaries and expenses for fiscal year 2010
in this Act shall remain available through September 30,
2011, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the
obligation of such funds, a request shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503
of this Act.
Sec. 506.  Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2010 until the enactment of an Act authorizing
intelligence activities for fiscal year 2010.
Sec. 507.  None of the funds made available by this Act may
be used to make a grant allocation, discretionary grant
award, discretionary contract award, Other Transaction
Agreement, or to issue a letter of intent totaling in excess
of $1,000,000, or to announce publicly the intention to make
such an award, including a contract covered by the Federal
Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full
business days in advance of making such an award or issuing
such a letter: Provided, That if the Secretary of Homeland
Security determines that compliance with this section would
pose a substantial risk to human life, health, or safety, an
award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified not later than 5 full business days after
such an award is made or letter issued: Provided further,
That no notification shall involve funds that are not
available for obligation: Provided further, That the
notification shall include the amount of the award, the
fiscal year in which the funds for the award were
appropriated, and the account from which the funds are being
drawn: Provided further, That the Federal Emergency
Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
5 full business days in advance of announcing publicly the
intention of making an award under the State Homeland
Security Grant Program; Urban Area Security Initiative; and
the Regional Catastrophic Preparedness Grant Program.
Sec. 508.  Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 509.  None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510.  Sections 519, 520, 528, and 531 of the
Department of Homeland Security Appropriations Act, 2008
(division E of Public Law 110-161; 121 Stat. 2073, 2074)
shall apply with respect to funds made available in this Act
in the same manner as such sections applied to funds made
available in that Act.
Sec. 511.  None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy
American Act (41 U.S.C. 10a et seq.).
Sec. 512.  None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or
implementation of the Secure Flight program or any other
follow-on or successor passenger screening program that: (1)
utilizes or tests algorithms assigning risk to passengers
whose names are not on Government watch lists; or (2) uses
data or a database that is obtained from or remains under the
control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data
obtained from air carriers.
Sec. 513.  None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514.  None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as
of June 1, 2004, by employees (including employees serving on
a temporary or term

[[Page S7208]]

basis) of United States Citizenship and Immigration Services
of the Department of Homeland Security who are known as of
that date as Immigration Information Officers, Contact
Representatives, or Investigative Assistants.
Sec. 515. (a) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air
carriers and airports to ensure that the screening of cargo
carried on passenger aircraft, as defined in section
44901(g)(5) of title 49, United States Code, increases
incrementally each quarter until the requirement of section
44901(g)(2)(B) of title 49 are met.
(b) Not later than 45 days after the end of each quarter,
the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on air cargo inspection statistics by airport and
air carrier detailing the incremental progress being made to
meet the requirement of section 44901(g)(2)(B) of title 49,
United States Code.
Sec. 516.  Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'' and ``Transportation Security Support''
for fiscal years 2004, 2005, 2006, 2007, and 2008 that are
recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems,
for air cargo, baggage, and checkpoint screening systems,
subject to notification: Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives on any funds that are
recovered or deobligated.
Sec. 517.  Any funds appropriated to United States Coast
Guard, ``Acquisition, Construction, and Improvements'' for
fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110-123
foot patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the
Replacement Patrol Boat (FRC-B) program.
Sec. 518. (a)(1) Except as provided in paragraph (2), none
of the funds provided in this or any other Act shall be
available to commence or continue operations of the National
Applications Office until--
(A) the Secretary certifies that: (i) National Applications
Office programs comply with all existing laws, including all
applicable privacy and civil liberties standards; and, (ii)
that clear definitions of all proposed domains are
established and are auditable;
(B) the Comptroller General of the United States notifies
the Committees on Appropriations of the Senate and the House
of Representatives and the Secretary that the Comptroller has
reviewed such certification; and
(C) the Secretary notifies the Committees of all funds to
be expended on the National Applications Office pursuant to
section 503 of this Act.
(2) Paragraph (1) shall not apply with respect to any use
of funds for activities substantially similar to such
activities conducted by the Department of the Interior as set
forth in the 1975 charter for the Civil Applications
Committee under the provisions of law codified at section 31
of title 43, United States Code.
(b) The Inspector General shall provide to the Committees
on Appropriations of the Senate and the House of
Representatives a classified report on a quarterly basis
containing a review of the data collected by the National
Applications Office, including a description of the
collection purposes and the legal authority under which the
collection activities were authorized: Provided, That the
report shall also include a listing of all data collection
activities carried out on behalf of the National Applications
Office by any component of the National Guard.
(c) None of the funds provided in this or any other Act
shall be available to commence operations of the National
Immigration Information Sharing Operation until the Secretary
certifies that such program complies with all existing laws,
including all applicable privacy and civil liberties
standards, the Comptroller General of the United States
notifies the Committees on Appropriations of the Senate and
the House of Representatives and the Secretary that the
Comptroller has reviewed such certification, and the
Secretary notifies the Committees on Appropriations of the
Senate and the House of Representatives of all funds to be
expended on the National Immigration Information Sharing
Operation pursuant to section 503.
Sec. 519.  Within 45 days after the close of each month,
the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a monthly budget
and staffing report that includes total obligations, on-board
versus funded full-time equivalent staffing levels, and the
number of contract employees by office.
Sec. 520.  Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2009'' and inserting ``2010''.
Sec. 521.  The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 522. (a) None of the funds provided by this or any
other Act may be obligated for the development, testing,
deployment, or operation of any portion of a human resources
management system authorized by 5 U.S.C. 9701(a), or by
regulations prescribed pursuant to such section, for an
employee as defined in 5 U.S.C. 7103(a)(2).
(b) The Secretary of Homeland Security shall collaborate
with employee representatives in the manner prescribed in 5
U.S.C. 9701(e), in the planning, testing, and development of
any portion of a human resources management system that is
developed, tested, or deployed for persons excluded from the
definition of employee as that term is defined in 5 U.S.C.
7103(a)(2).
Sec. 523.  None of the funds made available in this or any
other Act may be used to enforce section 4025(1) of Public
Law 108-458 unless the Assistant Secretary of Homeland
Security (Transportation Security Administration) reverses
the determination of July 19, 2007, that butane lighters are
not a significant threat to civil aviation security.
Sec. 524.  Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date
of the enactment of this Act.
Sec. 525. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the Office
of the Secretary and Executive Management, the Office of the
Under Secretary for Management, or the Office of the Chief
Financial Officer, may be obligated for a grant or contract
funded under such headings by a means other than full and
open competition.
(b) Subsection (a) does not apply to obligation of funds
for a contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, such as the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) under the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the
award of a contract in the interest of national security or
if failure to do so would pose a substantial risk to human
health or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
applicable contract and an explanation of why the waiver
authority was used. The Secretary may not delegate the
authority to grant such a waiver.
(d) In addition to the requirements established by this
section, the Inspector General for the Department of Homeland
Security shall review departmental contracts awarded through
other than full and open competition to assess departmental
compliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected contracts
awarded in the previous fiscal year through other than full
and open competition: Provided further, That in determining
which contracts to review, the Inspector General shall
consider the cost and complexity of the goods and services to
be provided under the contract, the criticality of the
contract to fulfilling Department missions, past performance
problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor
performance, and such other factors as the Inspector General
deems relevant: Provided further, That the Inspector General
shall report the results of the reviews to the Committees on
Appropriations of the Senate and the House of Representatives
no later than February 5, 2010.
Sec. 526.  None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the granting of the benefit have been received by United
States Citizenship and Immigration Services, and the results
do not preclude the granting of the benefit.
Sec. 527.  None of the funds made available in this Act may
be used to destroy or put out to pasture any horse or other
equine belonging to the Federal Government that has become
unfit for service, unless the trainer or handler is first
given the option to take possession of the equine through an
adoption program that has safeguards against slaughter and
inhumane treatment.
Sec. 528.  None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107-296.
Sec. 529.  None of the funds provided in this Act under the
heading ``Office of the Chief Information Officer'' shall be
used for data center development other than for Data Center
One (National Center for Critical Information Processing and
Storage) until the Chief Information Officer certifies that
Data Center One (National Center for Critical Information
Processing and Storage) is fully

[[Page S7209]]

utilized as the Department's primary data storage center at
the highest capacity throughout the fiscal year.
Sec. 530.  None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 531.  None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 532.  The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 533.  None of the funds made available to the Office
of the Secretary and Executive Management under this Act may
be expended for any new hires by the Department of Homeland
Security that are not verified through the basic pilot
program under section 401 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note).
Sec. 534.  None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 535.  None of the funds made available in this Act may
be used by the Secretary of Homeland Security or any delegate
of the Secretary to issue any rule or regulation which
implements the Notice of Proposed Rulemaking related to
Petitions for Aliens To Perform Temporary Nonagricultural
Services or Labor (H-2B) set out beginning on 70 Fed. Reg.
3984 (January 27, 2005).
Sec. 536.  Section 537 of the Department of Homeland
Security Appropriations Act, 2009 (division D of Public Law
110-329; 122 Stat. 3682) shall apply with respect to funds
made available in this Act in the same manner as such
sections applied to funds made available in that Act.
Sec. 537.  None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 538. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date that the President determines whether to declare a
major disaster because of an event and any appeal is
completed, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committees on Appropriations of the Senate and the House of
Representatives, and publish on the website of the Federal
Emergency Management Agency, a report regarding that
decision, which shall summarize damage assessment information
used to determine whether to declare a major disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 539.  Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that the
National Bio and Agro-defense Facility be located at a site
other than Plum Island, New York, the Secretary shall have
the Administrator of General Services sell through public
sale all real and related personal property and
transportation assets which support Plum Island operations,
subject to such terms and conditions as necessary to protect
government interests and meet program requirements: Provided,
That the gross proceeds of such sale shall be deposited as
offsetting collections into the Department of Homeland
Security Science and Technology ``Research, Development,
Acquisition, and Operations'' account and, subject to
appropriation, shall be available until expended, for site
acquisition, construction, and costs related to the
construction of the National Bio and Agro-defense Facility,
including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation
at Plum Island, and reimbursement of expenses incurred by the
General Services Administration which shall not exceed 1
percent of the sale price or $5,000,000, whichever is
greater: Provided further, That after the completion of
construction and environmental remediation, the unexpended
balances of funds appropriated for costs in the preceding
proviso shall be available for transfer to the appropriate
account for design and construction of a consolidated
Department of Homeland Security Headquarters project,
excluding daily operations and maintenance costs,
notwithstanding section 503 of this Act, and the Committees
on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to such
transfer.
Sec. 540.  Any official that is required by this Act to
report or certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 541.  The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under 31 U.S.C. 9703.2(g)(4)(B) from the Department
of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security.
Sec. 542. (a) Not later than 3 months from the date of
enactment of this Act, the Secretary of Homeland Security
shall consult with the Secretaries of Defense and
Transportation and develop a concept of operations for
unmanned aerial systems in the United States national
airspace system for the purposes of border and maritime
security operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of
enactment of this Act on any foreseeable challenges to
complying with subsection (a).
Sec. 543.  If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an
airport does not need to participate in the basic pilot
program, the Assistant Secretary shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result by such
non-participation.
Sec. 544.  For fiscal year 2010 and thereafter, the
Secretary may provide to personnel appointed or assigned to
serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign Service
Act of 1990 (22 U.S.C. 4081 et seq.).
Sec. 545.  Sections 143 and 144 of division A of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580
et seq.), as amended by section 101 of division J of Public
Law 111-8, are further amended by striking ``September 30,
2009'' and inserting ``September 30, 2012''.
Sec. 546.  Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that
specific U.S. Immigration and Customs Enforcement Service
Processing Centers, or other U.S. Immigration and Customs
Enforcement owned detention facilities, no longer meet the
mission need, the Secretary is authorized to dispose of
individual Service Processing Centers, or other U.S.
Immigration and Customs Enforcement owned detention
facilities, by directing the Administrator of General
Services to sell all real and related personal property which
support Service Processing Centers, or other U.S. Immigration
and Customs Enforcement owned detention facilities,
operations, subject to such terms and conditions as necessary
to protect government interests and meet program
requirements: Provided, That the proceeds, net of the costs
of sale incurred by the General Services Administration and
U.S. Immigration and Customs Enforcement shall be deposited
as offsetting collections into a separate account that shall
be available, subject to appropriation, until expended for
other real property capital asset needs of existing U.S.
Immigration and Customs Enforcement assets, excluding daily
operations and maintenance costs, as the Secretary deems
appropriate.
Sec. 547.  Section 550 of Public Law 109-295 is amended in
subsection (b) by deleting from the last proviso ``three
years after the date of enactment of this Act'' and inserting
in lieu thereof ``October 4, 2010''.
Sec. 548.  For fiscal year 2010 and thereafter, the
Secretary of Homeland Security may collect fees from any non-
Federal participant in a conference, seminar, exhibition,
symposium, or similar meeting conducted by the Department of
Homeland Security in advance of the conference, either
directly or by contract, and those fees shall be credited to
the appropriation or account from which the costs of the
conference, seminar, exhibition, symposium, or similar
meeting are paid and shall be available to pay the costs of
the Department of Homeland Security with respect to the
conference or to reimburse the Department for costs incurred
with respect to the conference: Provided, That in the event
the total amount of fees collected with respect to a
conference exceeds the actual costs of the Department of
Homeland Security with respect to the conference, the amount
of such excess shall be deposited into the Treasury as
miscellaneous receipts: Provided further, That the Secretary
shall provide a report to the Committees on Appropriations of
the Senate and the House of Representatives not later than
January 5, 2011, providing the level of collections and a

[[Page S7210]]

summary by agency of the purposes and levels of expenditures
for the prior fiscal year, and shall report annually
thereafter.
Sec. 549.  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. 550.  From the unobligated balances of prior year
appropriations made available for ``Analysis and
Operations'', $5,000,000 are rescinded.
Sec. 551.  From the unobligated balances of prior year
appropriations made available for U.S. Immigration and
Customs Enforcement ``Construction'', $7,000,000 are
rescinded.
Sec. 552.  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. 553.  From the unobligated balances of prior year
appropriations made available for Science and Technology
``Research, Development, Acquisition, and Operations'',
$7,500,000 are rescinded.
Sec. 554.  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. 555. (a) Subject to subsection (b), none of the funds
appropriated or otherwise made available by this Act may be
available to operate the Loran-C signal after January 4,
2010.
(b) The limitation in subsection (a) shall take effect only
if the Commandant of the Coast Guard certifies that--
(1) the termination of the operation of the Loran-C signal
as of the date specified in subsection (a) will not adversely
impact the safety of maritime navigation; and
(2) the Loran-C system infrastructure is not needed as a
backup to the Global Positioning System or any other Federal
navigation requirement.
(c) If the Commandant makes the certification described in
subsection (b), the Coast Guard shall, commencing January 4,
2010, terminate the operation of the Loran-C signal and
commence a phased decommissioning of the Loran-C system
infrastructure.
(d) Not later than 30 days after such certification
pursuant to subsection (b), the Commandant shall submit to
the Committees on Appropriations of the Senate and House of
Representatives a report setting forth a proposed schedule
for the phased decommissioning of the Loran-C system
infrastructure in the event of the decommissioning of such
infrastructure in accordance to subsection (c).
(e) If the Commandant makes the certification described in
subsection (b), the Secretary of Homeland Security, acting
through the Commandant of the Coast Guard, may,
notwithstanding any other provision of law, sell any real and
personal property under the administrative control of the
Coast Guard and used for the Loran system, by directing the
Administrator of General Services to sell such real and
personal property, subject to such terms and conditions that
the Secretary believes to be necessary to protect government
interests and program requirements of the Coast Guard:
Provided, That the proceeds, less the costs of sale incurred
by the General Services Administration, shall be deposited as
offsetting collections into the Coast Guard ``Environmental
Compliance and Restoration'' account and, subject to
appropriation, shall be available until expended for
environmental compliance and restoration purposes associated
with the Loran system, for the demolition of improvements on
such real property, and for the costs associated with the
sale of such real and personal property, including due
diligence requirements, necessary environmental remediation,
and reimbursement of expenses incurred by the General
Services Administration: Provided further, That after the
completion of such activities, the unexpended balances shall
be available for any other environmental compliance and
restoration activities of the Coast Guard.
This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2010''.
______