dbf7e884b11b0ab07e573c21c6c6cae2b47dbbdd3b0e8ff0ab2ebc9447d3c564

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

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for as one fund for the same time period as originally enacted.

11a3cccf7a0e1ddc32d195a9016e846c7d142adaf0fb759bd68aa9900f164ed5

previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program, project, or activity; (2) eliminates a program,
project, office, or activity; (3) increases funds for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific
activity by either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5) contracts
out any function or activity for which funding levels were requested
for Federal full-time equivalents in the object classification tables
contained in the fiscal year 2010 Budget Appendix for the Department of
Homeland Security, as modified by the joint explanatory statement
accompanying this Act, unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days in advance
of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a change in
existing programs, projects, or activities as approved by the Congress,
unless the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the protection of
property.

5c9dc196fe35b92197b382a5f3986061b506201b6da5186ca370a78e1f89eed2

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.

d605b99e32ee98d7465eb06d54f570005be2d4d9a4668299a2df43d858bf1862

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.

e44f966daa1753e74100da130704fa5b818a1d481593a9b278deb6d4ae890603

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.

d729abac9fe4d3d9dbce60445de9efc75ab633ab511f4b5023f1627a42dd4273

to make a grant allocation, grant award, contract award, Other
Transaction Agreement, a task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter of
intent totaling in excess of $1,000,000, or to announce publicly the
intention to make such an award, including a contract covered by the
Federal Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the Senate and
the House of Representatives at least 3 full business days in advance
of making such an award or issuing such a letter: Provided, That if the
Secretary of Homeland Security determines that compliance with this
section would pose a substantial risk to human life, health, or safety,
an award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified not later than 5 full business days after such an award is
made or letter issued: Provided further, That no notification shall
involve funds that are not available for obligation: Provided further,
That the notification shall include the amount of the award, the fiscal
year for which the funds for the award were appropriated, and the
account from which the funds are being drawn: Provided further, That
the Federal Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives 5 full
business days in advance of announcing publicly the intention of making
an award under ``State and Local Programs''.

f07a08abb18c9510f9fa54027a8eb5f84bc2b6c48ff453fe811888ed6d16fc60

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.

89d7c9899b2cd4de98fa856d072c25147a39ab4d5652ccc029023b1741ca26ab

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.

97d228c56c5b905edc65719deb506eb4279708f9b9ae448ae0b78bd5daae3398

Department of Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2072, 2073, 2074, 2082) shall apply with
respect to funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.

393108f9df21f2bccfcea9b582d46cadd0cea9fbe4278cd040cb9860318530c1

in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).

973e7f3cc50da20ce15ff837398f57814b8ded143c7bff236742287e1b3d5727

to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).

8d8a982c1e741bba7ac709588d3607b949bae980ffbac430ad6e5b273f171da7

to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided as of June 1, 2004, by
employees (including employees serving on a temporary or term basis) of
United States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.

ae3940df1414ce9387297f349c1f08fe625c1b1d5dd2ea4fed241aa2552f7a68

(Transportation Security Administration) shall work with air carriers
and airports to ensure that the screening of cargo carried on passenger
aircraft, as defined in section 44901(g)(5) of title 49, United States
Code, increases incrementally each quarter until the requirement of
section 44901(g)(2)(B) of title 49 is met.
(b) Not later than 45 days after the end of each quarter, the
Assistant Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a report on air cargo
inspection statistics by airport and air carrier detailing the
incremental progress being made to meet the requirement of section
44901(g)(2)(B) of title 49, United States Code.
(c) Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a report
on how the Transportation Security Administration plans to meet the
requirement for screening all air cargo on passenger aircraft by the
deadline under section 44901(g) of title 49, United States Code. The
report shall identify the elements of the system to screen 100 percent
of cargo transported between domestic airports at a level of security
commensurate with the level of security for the screening of passenger
checked baggage.

f7e573d363c1f90110d215d644fb6a99920fe99a4e2f12f492b11881711b4859

Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month
that includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract employees for
each office of the Department.

572f9dbd6dcbf2095c98ba96057d6766580dbf8e4521d544916ddc5613eada17

States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'' and
``Transportation Security Support'' for fiscal years 2004, 2005, 2006,
2007, and 2008 that are recovered or deobligated shall be available
only for the procurement or installation of explosives detection
systems, air cargo, baggage, and checkpoint screening systems, subject
to notification: Provided, That quarterly reports shall be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives on any funds that are recovered or deobligated.

d504f043e4c1f6e0668718d662627524f1753adeebd94f890cf3dcd1537a9458

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.

b03120ce4c25a033bd4e1e0d6b282418df69d95bfa59a70076f68329ef74e9e3

may be obligated for the development, testing, deployment, or operation
of any portion of a human resources management system authorized by
section 9701(a) of title 5, United States Code, or by regulations
prescribed pursuant to such section, for an employee, as that term is
defined in section 7103(a)(2) of such title.
(b) The Secretary of Homeland Security shall collaborate with
employee representatives in the manner prescribed in section 9701(e) of
title 5, United States Code, in the planning, testing, and development
of any portion of a human resources management system that is
developed, tested, or deployed for persons excluded from the definition
of employee as that term is defined in section 7103(a)(2) of such
title.

ddc740e1546927ae8a7f8fd5784effd4f78e70b44c2cb0bdb161bfa392fc36b9

amended by striking ``2009'' and inserting ``2010''.

d126d915771704c870c5de12241d2d3371d6bea1bf9acc16799eae458679a58a

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).

9b160f0c985adf04cda2e543b5907c6bb3977e8b76e992ea4e1d6c1cd6594b3b

funds appropriated in this or any other Act to the Office of the
Secretary and Executive Management, the Office of the Under Secretary
for Management, or the Office of the Chief Financial Officer, may be
obligated for a grant or contract funded under such headings by any
means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute, including
obligation for a purchase made under a mandated preferential
program, including the AbilityOne Program, that is authorized under
the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified acquisition threshold
described under section 302A(a) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252a(a)); or
(4) by another Federal agency using funds provided through an
interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland Security
may waive the application of this section for the award of a contract
in the interest of national security or if failure to do so would pose
a substantial risk to human health or welfare.
(2) Not later than 5 days after the date on which the Secretary of
Homeland Security issues a waiver under this subsection, the Secretary
shall submit notification of that waiver to the Committees on
Appropriations of the Senate and the House of Representatives,
including a description of the applicable contract and an explanation
of why the waiver authority was used. The Secretary may not delegate
the authority to grant such a waiver.
(d) In addition to the requirements established by subsections (a),
(b), and (c) of this section, the Inspector General of the Department
of Homeland Security shall review departmental contracts awarded
through means other than a full and open competition to assess
departmental compliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected contracts awarded in
the previous fiscal year through means other than a full and open
competition: Provided further, That in selecting which contracts to
review, the Inspector General shall consider the cost and complexity of
the goods and services to be provided under the contract, the
criticality of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the results
of the reviews to the Committees on Appropriations of the Senate and
the House of Representatives no later than February 5, 2010.

1af5ab0490172bf030f98ea13b5e2e7b727f81d72bbc554fe76093d35e5d1e3d

section, none of the funds provided by this or previous appropriations
Acts shall be used to fund any position designated as a Principal
Federal Official, or any successor position, for any Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
declared disasters or emergencies--
(1) The Secretary of Homeland Security may waive the
application of this section provided that any field position
appointed pursuant to this waiver shall not hold the title of
Principal Federal Official, shall functionally report through the
Federal Coordinating Officer appointed under section 302 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5143), and shall be subject to the provisions of subsection
(c) of section 319 of title 6, United States Code. The Secretary
may not delegate the authority to grant such a waiver.
(2) Not later than 10 business days after the date on which the
Secretary of Homeland Security issues a waiver under this section,
the Secretary shall submit notification of that waiver to the
Committees on Appropriations of the Senate and the House of
Representatives, the Transportation and Infrastructure Committee of
the House of Representatives, and the Homeland Security and
Governmental Affairs Committee of the Senate explaining the
circumstances necessitating the waiver, describing the specific
role of any officials appointed pursuant to the waiver, and
outlining measures taken to ensure compliance with subsection (c)
of section 319 and subsections (c)(3) and (c)(4)(A) of section 313
of title 6, United States Code.

e7027e9f5d245c80be90d7162319e439452d48435c23bab70efeedf0e5d200c4

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.

59cd96c15035c1e6ab183e174de78b3888baa6410dcf773b10254f22f46685cf

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.

d0c235a9544deeac549a0bdb546b974068d2500f24d7007bf67136411e79cf4d

available to carry out section 872 of the Homeland Security Act of 2002
(6 U.S.C. 452).

5875c9566e393a9069a14dee83910a0b40ec1dd61fe0d649cca4353aa445b3b9

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.

68b78c9bd1a071670b3be82edeb35b9ccda8e27878332c7c64c08a0189bbf362

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.

f91c945a14466eedbbfb320a071a955b040e8ded8c5480c4b9112d58485f4373

``Office of the Chief Information Officer'' shall be used for data
center development other than for Data Center One (National Center for
Critical Information Processing and Storage) until the Chief
Information Officer certifies that Data Center One is fully utilized as
the Department's primary data storage center at the highest capacity
throughout the fiscal year.

80e49b2ba0cbcfacd30889b4ddda37d599a8676b96955c24b18d20b186809383

the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.

267676514592c3c49883b1a261e20b8af984bfb6ffc3d9d98a29b3d55e74db5e

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.

a4d5862a9036fe8a84e03d888411119ee29c8611f642dabd0385685a64690a1b

U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30, 2009''
and inserting ``Until September 30, 2010,''; and
(2) in subsection (d)(1), by striking ``September 30, 2009,''
and inserting ``September 30, 2010,''.

3d4b1403cf91783ec7ca8abddab0b0f313cd4b8280780abf7b0a728f4e40f3af

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).

26b708404ccee83aae2eedd8233cbf2233d628d33f06ceee5851217bb28728c7

Secretary and Executive Management under this Act may be expended for
any new hires by the Department of Homeland Security that are not
verified through the basic pilot program (E-Verify Program) under
section 401 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).

d8813fb5e7140620792b6a803078a72a3886dbf5a68ae10ea5767d05e0fe9a5c

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).

0183434900ed2898f55e55cda31e79c1e703dee5b480b2ce08d8f44e14dc4b48

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).

319a84fc4f50b3032146987d81942ece70436e9cc70df7f5be1a123e689c79ab

the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under subsection (g)(4)(B) of
title 31, Unites States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.

8acd6ee15ab037f2979c80e4b47f066d6d23d4d21d9e7453c382a3d9cafe4126

for planning, testing, piloting, or developing a national
identification card.

ea4435bc266f66860f3e8c409cdc81566513c818d9a6fc1dce4916e32caa5886

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

30255aebc945220f11aaec54dc35231f3f39fc629f0a4b89b6a9be9244592558

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).

07b7ea8b5f7368041a3e0f52bdb2497fcfa9bcdf9f559746a286fcabcd576a68

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.

53b6188112aebb4b85c946f1b9ce862c707c62043b8901e2b5350b96673d0370

Public Law 110-161 for ``National Predisaster Mitigation Fund'' under
Federal Emergency Management Agency is deemed to be amended--
(1) by striking ``Dalton Fire District'' and all that follows
through ``750,000'' and inserting the following:
``Franklin Regional Council of Governments, MA.............      250,000
Town of Lanesborough, MA...................................      175,000
University of Massachusetts, MA............................   175,000'';
(2) by striking ``Santee and'';
(3) by striking ``3,000,000'' and inserting ``1,500,000'';
(4) by inserting after the item relating to Adjutant General's
Office of Emergency Preparedness the following:
``Town of Branchville, SC..................................  1,500,000''
;
and
(5) by striking ``Public Works Department of the City of Santa
Cruz, CA'' and inserting ``Monterey County Water Resources Agency,
CA''.

a180a2e0017d861b3bc37647f92aba2032e73ca4681c472b89bb7d4b7f731246

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.

a7bf16e54a2e2825bfc836ca6d0b5a57ac2b260a1fbc53484010b54191623ba9

and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``September 30, 2009'' and inserting ``September 30, 2010''.

4a7294d74f9866d2f537b339ac6828041b8525e9e2de391c9140424897be5421

of this Act, the Secretary of Homeland Security shall consult with the
Secretaries of Defense and Transportation and develop a concept of
operations for unmanned aircraft systems in the United States national
airspace system for the purposes of border and maritime security
operations.
(b) The Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 30 days after the date of enactment of
this Act on any foreseeable challenges to complying with subsection
(a).

e0112b79895f81c081eda0e0f16edb58585a3858f4dfafa032f358842c0ab158

Guard for fiscal year 2008 or 2009 for ``Acquisition, Construction, and
Improvements'' for shoreside facilities and aids to navigation at Coast
Guard Sector Buffalo, the Secretary of Homeland Security shall use such
sums as may be necessary to make improvements to the land along the
northern portion of Sector Buffalo to enhance public access to the
Buffalo Lighthouse and the waterfront.

d3ceaec5936c53e3b65f3b1156d18c9941d72febf12ce67666f3530d44ae2507

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.).

01b1b1133df4b0c3aee2c3a2624e0ed6810315b162bd08e21a4c897c258671f6

Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
by striking ``at the end of the 11-year period beginning on the first
day the pilot program is in effect.'' and inserting ``on September 30,
2012.''.

3fda0593bceca6de7f14d323bbf34d9ed03807d59915b8f5f0e9243ec75afbb7

and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) is amended by striking ``for 15 years'' and
inserting ``until September 30, 2012''.

071a9135cdb871087fc042a4f8942440a0b76e682e81346d7a3bbc85ded85647

described in section 244(c)(1)(B) of the Immigration and Nationality
Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting services,
biometric services, and other necessary services may be collected when
administering the program described in section 244 of such Act.
(b) Subsection (a) shall be construed to apply for fiscal year 1998
and each fiscal year thereafter.

f91ab383c1d1cda6236e15c193621e09c5422d7dc4d81e7dac8e27bae01c811c

Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
amended by striking ``three years after the date of enactment of this
Act'' and inserting ``on October 4, 2010''.

4e649c54e5e433f429d929f71012185dbd9580ed23f3039d16bf3f5b091a354f

and 405(b)(2) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C.
1324a note) are amended by striking  ``basic pilot program''  each
place that term appears and inserting  ``E-Verify Program''.
(2) The heading of section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 is amended by striking
``Basic Pilot''  and inserting  ``E-Verify''.
(b) Section 404(h)(1) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C.
1324a note) is amended by striking  ``under a pilot program''  and
inserting  ``under this subtitle''.

050258586e028c798f2885a9b3ca766557e705c1deb74279654e6bf8f03d6fa3

Act may be used to release an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, or the District of Columbia, into any of
the United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act may
be used to transfer an individual who is detained, as of June 24, 2009,
at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).
(c) None of the funds made available in this or any other Act may
be used to transfer an individual who is detained, as of June 24, 2009,
at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes
of prosecuting such individual, or detaining such individual during
legal proceedings, until 45 days after the plan described in subsection
(d) is received.
(d) The President shall submit to Congress, in classified form, a
plan regarding the proposed disposition of any individual covered by
subsection (c) who is detained as of June 24, 2009. Such plan shall
include, at a minimum, each of the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United States,
Alaska, Hawaii, the District of Columbia, or the United States
territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in paragraphs
(1), (2), and (7).
(6) A copy of a notification to the Governor of the State to
which the individual will be transferred, to the Mayor of the
District of Columbia if the individual will be transferred to the
District of Columbia, or to any United States territories with a
certification by the Attorney General of the United States in
classified form at least 14 days prior to such transfer (together
with supporting documentation and justification) that the
individual poses little or no security risk to the United States.
(7) An assessment of any risk to the national security of the
United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer and
the actions taken to mitigate such risk.
(e) None of the funds made available in this or any other Act may
be used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
individual's nationality or last habitual residence or to any other
country other than the United States or to a freely associated State,
unless the President submits to the Congress, in classified form, at
least 15 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or released
and the country or the freely associated State to which such
individual is to be transferred or released.
(2) An assessment of any risk to the national security of the
United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer or
release and the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the freely
associated State for the acceptance of such individual, including
the amount of any financial assistance related to such agreement.
(f) None of the funds made available in this Act may be used to
provide any immigration benefit (including a visa, admission into the
United States or any of the United States territories, parole into the
United States or any of the United States territories (other than
parole for the purposes of prosecution and related detention), or
classification as a refugee or applicant for asylum) to any individual
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
Cuba.
(g) In this section, the term ``freely associated States'' means
the Federated States of Micronesia (FSM), the Republic of the Marshall
Islands (RMI), and the Republic of Palau.
(h) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to the
Congress a report in classified form describing the disposition or
legal status of each individual detained at the facility as of the date
of enactment of this Act.

182e5643e8d5d66675c57716b39292a9cb0aa68bf6b19ea37f168612b413913c

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

629cff40200959a112b72ebef11dc7a9d8d86fc0fdb2f921970c81ff914b7e62

Homeland Security may collect fees from any non-Federal participant in
a conference, seminar, exhibition, symposium, or similar meeting
conducted by the Department of Homeland Security in advance of the
conference, either directly or by contract, and those fees shall be
credited to the appropriation or account from which the costs of the
conference, seminar, exhibition, symposium, or similar meeting are paid
and shall be available to pay the costs of the Department of Homeland
Security with respect to the conference or to reimburse the Department
for costs incurred with respect to the conference: Provided, That in
the event the total amount of fees collected with respect to a
conference exceeds the actual costs of the Department of Homeland
Security with respect to the conference, the amount of such excess
shall be deposited into the Treasury as miscellaneous receipts:
Provided further, That the Secretary shall provide a report to the
Committees on Appropriations of the Senate and the House of
Representatives not later than January 5, 2011, providing the level of
collections and a summary by agency of the purposes and levels of
expenditures for the prior fiscal year, and shall report annually
thereafter.

301d70513efdeb7331db345ea5796f5ae7cf103ed362988e0f61498d2e86a0f7

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.

8c6a153d1298504ea4271bb72632f7e954ffe73e0f04c433be96716d20f04a4d

for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.

9fe813229ef189adaef8275c0ba46da6271e7cccd0039a5809f4fa9dcdeca558

to propose or effect a disciplinary or adverse action, with respect to
any Department of Homeland Security employee who engages regularly with
the public in the performance of his or her official duties solely
because that employee elects to utilize protective equipment or
measures, including but not limited to surgical masks, N95 respirators,
gloves, or hand-sanitizers, where use of such equipment or measures is
in accord with Department of Homeland Security policy, and Centers for
Disease Control and Prevention and Office of Personnel Management
guidance.

5450f4fbb97854048f15f1faa3a2aa3e13c569ff5ae45129a53ddce89eaecba7

to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).

4c3afcc426d6ffcdb2a9e855ecbbb63b1760ef1310cab9ec0667b23582c762de

appropriated or otherwise made available by this Act may be available
to operate the Loran-C signal after January 4, 2010.
(b) The limitation in subsection (a) shall take effect only if:
(1) the Commandant of the Coast Guard certifies that the
termination of the operation of the Loran-C signal as of the date
specified in subsection (a) will not adversely impact the safety of
maritime navigation; and
(2) the Secretary of Homeland Security certifies that the
Loran-C system infrastructure is not needed as a backup to the
Global Positioning System or to meet any other Federal navigation
requirement.
(c) If the certifications described in subsection (b) are made, the
Coast Guard shall, commencing January 4, 2010, terminate the operation
of the Loran-C signal and commence a phased decommissioning of the
Loran-C system infrastructure.
(d) Not later than 30 days after such certifications pursuant to
subsection (b), the Commandant shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
setting forth a proposed schedule for the phased decommissioning of the
Loran-C system infrastructure in the event of the decommissioning of
such infrastructure in accordance with subsection (c).
(e) If the certifications described in subsection (b) are made, the
Secretary of Homeland Security, acting through the Commandant of the
Coast Guard, may, notwithstanding any other provision of law, sell any
real and personal property under the administrative control of the
Coast Guard and used for the Loran-C system, by directing the
Administrator of General Services to sell such real and personal
property, subject to such terms and conditions that the Secretary
believes to be necessary to protect government interests and program
requirements of the Coast Guard: Provided, That the proceeds, less the
costs of sale incurred by the General Services Administration, shall be
deposited as offsetting collections into the Coast Guard
``Environmental Compliance and Restoration'' account and, subject to
appropriation, shall be available until expended for environmental
compliance and restoration purposes associated with the Loran-C system,
for the costs of securing and maintaining equipment that may be used as
a backup to the Global Positioning System or to meet any other Federal
navigation requirement, for the demolition of improvements on such real
property, and for the costs associated with the sale of such real and
personal property, including due diligence requirements, necessary
environmental remediation, and reimbursement of expenses incurred by
the General Services Administration: Provided further, That after the
completion of such activities, the unexpended balances shall be
available for any other environmental compliance and restoration
activities of the Coast Guard.

6d84ae51736d2815c798133718657708e468698e49713b0a39d600a24863511d

obligated for construction of the National Bio- and Agro-defense
Facility on the United States mainland until 30 days after the later
of:
(1) the date on which the Secretary of Homeland Security
submits to the Committee on Appropriations of the Senate and the
House of Representatives a site-specific bio-safety and bio-
security mitigation risk assessment, which includes an integrated
set of analyses using plume modeling and epidemiologic impact
modeling, to determine the requirements necessary to ensure safe
operation of the National Bio- and Agro-defense Facility at the
approved Manhattan, Kansas, site identified in the January 16,
2009, record of decision published in Federal Register Vol. 74,
Number 11, and the results of the National Academy of Sciences'
review of the risk assessment as described in paragraph (b):
Provided, That the integrated set of analyses is to determine the
extent of the dispersion of the foot-and-mouth virus following a
potential laboratory spill, the potential spread of foot-and-mouth
disease in the surrounding susceptible animal population, and its
economic impact: Provided further, That the integrated set of
analyses should also take into account specific local, State, and
national risk mitigation strategies; or
(2) the date on which the Secretary of Homeland Security, in
coordination with the Secretary of Agriculture, submits to the
Committees on Appropriations of the Senate and the House of
Representatives a report that:
(A) describes the procedure that will be used to issue the
permit to conduct foot-and-mouth disease live virus research
under section 7524 of the Food, Conservation, and Energy Act of
2008 (21 U.S.C. 113a note; Public Law 110-246); and
(B) includes plans to establish an emergency response plan
with city, regional, and State officials in the event of an
accidental release of foot-and-mouth disease or another
hazardous pathogen.
(b) With regard to the integrated set of analyses included in the
mitigation risk assessment required under paragraph (a)(1), the
Secretary of Homeland Security shall enter into a contract with the
National Academy of Sciences to evaluate the mitigation risk assessment
required by subsection (a)(1) of this section and to submit a Letter
Report: Provided, That such contract shall be entered into within 90
days from the date of enactment of this Act, and the National Academy
of Sciences shall complete its assessment and submit its Letter Report
within four months after the date the Department of Homeland Security
concludes the risk assessment.

8beb860cc0f92a41eadd1ad1d93e17bb17940799e2cfcb4f7787e873a3f59ddc

``American Communities' Right to Public Information Act''.
(b) In General.--Section 70103(d) of title 46, United States Code,
is amended to read as follows:
``(d) Nondisclosure of Information.--
``(1) In general.--Information developed under this section or
sections 70102, 70104, and 70108 is not required to be disclosed to
the public, including--
``(A) facility security plans, vessel security plans, and
port vulnerability assessments; and
``(B) other information related to security plans,
procedures, or programs for vessels or facilities authorized
under this section or sections 70102, 70104, and 70108.
``(2) Limitations.--Nothing in paragraph (1) shall be construed
to authorize the designation of information as sensitive security
information (as defined in section 1520.5 of title 49, Code of
Federal Regulations)--
``(A) to conceal a violation of law, inefficiency, or
administrative error;
``(B) to prevent embarrassment to a person, organization,
or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.''.
(c) Conforming Amendments.--
(1) Section 114(r) of title 49, United States Code, is amended
by adding at the end thereof the following:
``(4) Limitations.--Nothing in this subsection, or any other
provision of law, shall be construed to authorize the designation
of information as sensitive security information (as defined in
section 1520.5 of title 49, Code of Federal Regulations)--
``(A) to conceal a violation of law, inefficiency, or
administrative error;
``(B) to prevent embarrassment to a person, organization,
or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.''.
(2) Section 40119(b) of title 49, United States Code, is
amended by adding at the end thereof the following:
``(3) Nothing in paragraph (1) shall be construed to authorize
the designation of information as sensitive security information
(as defined in section 15.5 of title 49, Code of Federal
Regulations)--
``(A) to conceal a violation of law, inefficiency, or
administrative error;
``(B) to prevent embarrassment to a person, organization,
or agency;
``(C) to restrain competition; or
``(D) to prevent or delay the release of information that
does not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.''.

bd0755ba2ccbe3bd737131e6ee26bf487af725bed44af921e9f62c2f9aea32d4

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

084b6018203a1992c7165656d91d408643d845c10f21a762eb6042d4831a042e

Section 44(f)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1831u(f)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``(or in the case of a governmental entity located in such State,
paid)'' after ``received, or reserved''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``nondepository institution operating in such State'' and
inserting ``governmental entity located in such State or any
person that is not a depository institution described in
subparagraph (A) doing business in such State'';
(B) by redesignating clause (ii) as clause (iii);
(C) in clause (i)--
(i) in subclause (III)--
(I) in item (aa), by adding ``and'' at the end;
(II) in item (bb), by striking ``, to facilitate''
and all that follows through ``2009''; and
(III) by striking item (cc); and
(ii) by adding after subclause (III) the following:
``(IV) the uniform accessibility of bonds and
obligations issued under the American Recovery and
Reinvestment Act of 2009;''; and
(D) by inserting after clause (i) the following:
``(ii) to facilitate interstate commerce through the
issuance of bonds and obligations under any provision of
State law, including bonds and obligations for the purpose
of economic development, education, and improvements to
infrastructure; and''.
(b) Rule of Construction.--Section 44(f)(2) of the Federal Deposit
Insurance Act (12 U.S.C. 1831u(f)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively, and moving the margins 2 ems to the right;
(2) by striking ``No provision'' and inserting the following:
``(A) In general.--No provision''; and
(3) by adding at the end the following:
``(B) Applicability.--This subsection shall be construed to
apply to any loan or discount made, or note, bill of exchange,
financing transaction, or other evidence of debt, originated by
an insured depository institution, a governmental entity
located in such State, or a person that is not a depository
institution described in subparagraph (A) doing business in
such State.''.
(c) Effective Period.--The amendments made by this section shall
apply with respect to contracts consummated during the period beginning
on the date of enactment of this Act and ending on December 31, 2010.

437100fa06992f860c2d544a89f96358317a724352ffa2a3ef07ac5497c30c27

FOIA Act of 2009''.
(b) Specific Citations in Statutory Exemptions.--Section 552(b) of
title 5, United States Code, is amended by striking paragraph (3) and
inserting the following:
``(3) specifically exempted from disclosure by statute (other
than section 552b of this title), if that statute--
``(A)(i) requires that the matters be withheld from the
public in such a manner as to leave no discretion on the issue;
or
``(ii) establishes particular criteria for withholding or
refers to particular types of matters to be withheld; and
``(B) if enacted after the date of enactment of the OPEN
FOIA Act of 2009, specifically cites to this paragraph.''.

9599c501d6a23a4c0a4400ccf6f4066d1ed5ea109eddeb591f345c0ee5e6c769

``Protected National Security Documents Act of 2009''.
(b) Notwithstanding any other provision of the law to the contrary,
no protected document, as defined in subsection (c), shall be subject
to disclosure under section 552 of title 5, United States Code or any
proceeding under that section.
(c) Definitions.--In this section:
(1) Protected document.--The term ``protected document'' means
any record--
(A) for which the Secretary of Defense has issued a
certification, as described in subsection (d), stating that
disclosure of that record would endanger citizens of the United
States, members of the United States Armed Forces, or employees
of the United States Government deployed outside the United
States; and
(B) that is a photograph that--
(i) was taken during the period beginning on September
11, 2001, through January 22, 2009; and
(ii) relates to the treatment of individuals engaged,
captured, or detained after September 11, 2001, by the
Armed Forces of the United States in operations outside of
the United States.
(2) Photograph.--The term ``photograph'' encompasses all
photographic images, whether originals or copies, including still
photographs, negatives, digital images, films, video tapes, and
motion pictures.
(d) Certification.--
(1) In general.--For any photograph described under subsection
(c)(1), the Secretary of Defense shall issue a certification if the
Secretary of Defense determines that disclosure of that photograph
would endanger citizens of the United States, members of the United
States Armed Forces, or employees of the United States Government
deployed outside the United States.
(2) Certification expiration.--A certification and a renewal of
a certification issued pursuant to subsection (d)(3) shall expire 3
years after the date on which the certification or renewal, is
issued by the Secretary of Defense.
(3) Certification renewal.--The Secretary of Defense may
issue--
(A) a renewal of a certification at any time; and
(B) more than 1 renewal of a certification.
(4) Notice to congress.--The Secretary of Defense shall provide
Congress a timely notice of the Secretary's issuance of a
certification and of a renewal of a certification.
(e) Rule of Construction.--Nothing in this section shall be
construed to preclude the voluntary disclosure of a protected document.
(f) Effective Date.--This section shall take effect on the date of
enactment of this Act and apply to any protected document.

6b666c42410a2d06cad3c2e17ba9776b0ee70105338a4297365e6ec6060dd412

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

f11149c8db6a3e85e593cb416e235ede09e899fd97be37966e0c98573ca3e58a

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

3dbbc44d1b4d404e3e03cc21e8eaa429f62d9a50b3e35ec92c3f59b2607e3997

Program and Other Immigration Programs.--
(1) Extension.--Subclauses (II) and (III) of section
101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)) are amended by striking ``September 30, 2009,''
each place such term appears and inserting ``September 30, 2012,''.
(2) Study and plan.--Not later than 180 days after the date of
the enactment of this Act, the Director of United States
Citizenship and Immigration Services shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that includes--
(A) the results of a study conducted under the supervision
of the Director to evaluate the Special Immigrant Nonminister
Religious Worker Program to identify the risks of fraud and
noncompliance by program participants; and
(B) a detailed plan that describes the actions to be taken
by United States Citizenship and Immigration Services to
improve the integrity of the program.
(3) Progress report.--Not later than 240 days after the
submission of the report under paragraph (2), the Director of
United States Citizenship and Immigration Services shall submit a
report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives that
describes the progress made in implementing the plan described in
clause (a)(2)(B) of this section.
(b) Conrad State 30 J-1 Visa Waiver Program.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
1182 note) is amended by striking ``September 30, 2009'' and inserting
``September 30, 2012''.
(c) Relief for Surviving Spouses.--
(1) In general.--The second sentence of section 201(b)(2)(A)(i)
of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))
is amended by striking ``for at least 2 years at the time of the
citizen's death''.
(2) Applicability.--
(A) In general.--The amendment made by paragraph (1) shall
apply to all applications and petitions relating to immediate
relative status under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))
pending on or after the date of the enactment of this Act.
(B) Transition cases.--
(i) In general.--Notwithstanding any other provision of
law, an alien described in clause (ii) who seeks immediate
relative status pursuant to the amendment made by paragraph
(1) shall file a petition under section 204(a)(1)(A)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A)(ii)) not later than the date that is 2 years
after the date of the enactment of this Act.
(ii) Aliens described.--An alien is described in this
clause if--
(I) the alien's United States citizen spouse died
before the date of the enactment of this Act;
(II) the alien and the citizen spouse were married
for less than 2 years at the time of the citizen
spouse's death; and
(III) the alien has not remarried.
(d) Surviving Relative Consideration for Certain Petitions and
Applications.--
(1) Amendment.--Section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) is amended by adding at the end the following:
``(l) Surviving Relative Consideration for Certain Petitions and
Applications.--
``(1) In general.--An alien described in paragraph (2) who
resided in the United States at the time of the death of the
qualifying relative and who continues to reside in the United
States shall have such petition described in paragraph (2), or an
application for adjustment of status to that of a person admitted
for lawful permanent residence based upon the family relationship
described in paragraph (2), and any related applications,
adjudicated notwithstanding the death of the qualifying relative,
unless the Secretary of Homeland Security determines, in the
unreviewable discretion of the Secretary, that approval would not
be in the public interest.
``(2) Alien described.--An alien described in this paragraph is
an alien who, immediately prior to the death of his or her
qualifying relative, was--
``(A) the beneficiary of a pending or approved petition for
classification as an immediate relative (as described in
section 201(b)(2)(A)(i));
``(B) the beneficiary of a pending or approved petition for
classification under section 203 (a) or (d);
``(C) a derivative beneficiary of a pending or approved
petition for classification under section 203(b) (as described
in section 203(d));
``(D) the beneficiary of a pending or approved refugee/
asylee relative petition under section 207 or 208;
``(E) an alien admitted in `T' nonimmigrant status as
described in section 101(a)(15)(T)(ii) or in `U' nonimmigrant
status as described in section 101(a)(15)(U)(ii); or
``(F) an asylee (as described in section 208(b)(3)).''.
(2) Construction.--Nothing in the amendment made by paragraph
(1) may be construed to limit or waive any ground of removal, basis
for denial of petition or application, or other criteria for
adjudicating petitions or applications as otherwise provided under
the immigration laws of the United States other than ineligibility
based solely on the lack of a qualifying family relationship as
specifically provided by such amendment.
(e) Conforming Amendment to Affidavit of Support Requirement.--
Section 213A(f)(5) of the Immigration and Nationality Act (8 U.S.C.
1183a(5)) is amended by striking clauses (i) and (ii) and inserting:
``(i) the individual petitioning under section 204 of
this Act for the classification of such alien died after
the approval of such petition, and the Secretary of
Homeland Security has determined for humanitarian reasons
that revocation of such petition under section 205 would be
inappropriate; or
``(ii) the alien's petition is being adjudicated
pursuant to section 204(l) (surviving relative
consideration).''.

d65b1c409f4e412559e3524456f848c2b1c3002f8b6e325bdf456d776db2f375

the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.

b72c3032e313d3ea226d7e63d15b16c3c66fbaabde4b22470392d1e3dd1d6325

available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such contract is
entered into in accordance with the requirements of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253) or
Chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above referenced
statutes.

6a8872453fd079633c064a9215c2cbdcb4775b29d98d472792c1c621bf48c83c

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

8e439a65109744e88ed1956d7387fb0d846ae21995d0cc0daa846e6f5af78ab0

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

12a706f94ec5209582796ae549da130ec10a8d425e6ace7295f3b6c59d0439ca

available for Federal Emergency Management Agency ``Trucking Industry
Security Grants'', $5,572,000 are rescinded.

6281579b8b3702a4d52aefa21f045b77af793a115e0f4f7b24114021dc0e4a60

appropriations made available for ``Analysis and Operations'',
$2,358,000 are rescinded.

b25f511e276d685e069c29d164f5444f444f3eac1d232b393420dc32964bb4a7

appropriations made available for National Protection and Programs
Directorate ``Infrastructure Protection and Information Security'',
$8,000,000 are rescinded.

d2b74a9b6b4bc46d13287dfb228fd6d5359c10952c407560bd265c803329fa0a

appropriations made available for Science and Technology ``Research,
Development, Acquisition, and Operations'', $6,944,148 are rescinded.

f11b2c178ae4a703d3914ade6df6235001e20c4422cd5c117643c1e40fec80de

appropriations made available for Domestic Nuclear Detection Office
``Research, Development, and Operations'', $8,000,000 are rescinded.

563a5565bc2b0a985d3a0451c745392a0927811c2237174151bc98bfa53eb687

appropriations made available for Transportation Security
Administration ``Research and Development'', $4,000,000 are rescinded.

531e935d81ce0fc370503cb5a2a40b807b3391d6e7acbd4f01ca248af0f5bfe0

appropriations made available for Coast Guard ``Acquisition,
Construction, and Improvements'', $800,000 are rescinded: Provided,
That these rescissions shall be taken from completed projects.

fde91fcbed2f59b9b8c4b4108fdae92baba85c480989f0a9ed92dca97098f57c

``Counterterrorism Fund'', $5,600,000 are rescinded.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2010''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

53c53a54dea23464b4f25b8c9de8620fa6bb171c4a8737619bf1d1eadd416ea3

American Communities' Right to Public Information Act — HR. 2892

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