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 123STA T . 21 50PUBLIC LA W 111 –8 3 —O CT. 28 , 200 9$10, 000,000 shal l notbe obl ig ate du ntil the C o m mittees on Ap p r o - priations o f the S enate and the H ouse of R epresentati v es re c eive ane x penditure plan prepared b y the Secretary of Homeland Secu- rity
 * Provide

d fu r th er, T hat of the total amount provided under this heading, up to $10,000,000 may be transferred to U. S. I mmigra- tion and Customs E nforcement ‘ ‘Salaries and Expenses ’ ’ account for data center migration. CONSTRU CT I ON F or necessary expenses to plan, construct, renovate, e q uip, and maintain buildings and facilities necessary for the administra- tion and enforcement of the la w s relating to customs and immigra- tion, $ 4, 8 18,000, to remain available until expended: Provided, That none of the funds made available in this Act may be used to solicit or consider any request to privati z e facilities currently owned by the United States G overnment and used to detain aliens unlaw- fully present in the United States until the Committees on Appro- priations of the Senate and the House of Representatives receive a plan for carrying out that privatization. TR A NS P ORTATION S E CURIT Y A DM INISTRATION A V IATION SECURITY For necessary expenses of the Transportation Security Adminis- tration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act (P ublic L aw 10 7– 71 11 5 Stat. 5 9 7; 49 U.S.C. 40101 note ) , $5, 2 14,040,000, to remain available until September 3 0, 2011, of which not to exceed $10,000 shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading, not to exceed $4,358,07 6 ,000 shall be for screening operations, of which $1,116,406,000 shall be available for explosives detection systems; and not to exceed $855,964,000 shall be for aviation security direc- tion and enforcement: Provided further, That of the amount made available in the preceding proviso for explosives detection systems, $778,300,000 shall be available for the purchase and installation of these systems, of which not less than 28 percent shall be available for the purchase and installation of certified explosives detection systems at medium- and small-sized airports: Provided further, That any award to deploy explosives detection systems shall be based on ris k , the airport’s current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high in j ury rates, airport readiness, and increased cost effectiveness: Provided further, That of the total amount provided, $1,250,000 shall be made available for Safe Skies Alliance to develop and enhance research and training capabilities for Transportation Secu- rity O fficer improvised explosive recognition training: Provided fur - ther, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropria- tion as offsetting collections and shall be available only for aviation security: Provided further, That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for- dollar basis as such offsetting collections are received during fiscal year 2010, so as to result in a final fiscal year appropriation from the general fund estimated at not more than $3,114,040,000: Provided further, That any security service fees collected in excess Fe e s.Explo s iv e d e t e c tio n s y ste m s. Pr iv a ti z ation plan.


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Page:United States Statutes at Large Volume 123.djvu/2171

 123STA T . 21 5 1 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9oftheam o un tma d ea v a il a b le unde r thi s headin g shall be c ome available during fiscal y ear 201 1
 * Provide

d fu r th er ,T hat M embers of the U nited S tates H ouse of R e p resentatives and United States Senate, including the leadership the heads of F ederal agencies and commissions, including the Secretary, D eputy Secretary, Under Secretaries, and A ssistant Secretaries of the Department of Home - land Security; the United States Attorney G eneral and Assistant Attorneys General and the United States attorneys; and senior members of the Ex ecutive O ffice of the P resident, including the Director of the Office of Management and B udget; shall not be exempt from Federal passenger and baggage screening .SURFACET RA N S PO RTAT I ON SECURIT Y For necessary expenses of the Transportation Security Adminis- tration related to providing surface transportation security activi- ties, $ 110, 5 1 6 ,000, to remain available until September 3 0, 2011. TRANSPORTATION T H REAT ASSESS M ENT AN D CREDENTIA L IN G For necessary expenses for the development and implementa- tion of screening programs of the Office of Transportation Threat Assessment and C redentialing, $1 7 1, 9 99,000, to remain available until September 30, 2011. TRANSPORTATION SECURITY SUPPORT For necessary expenses of the Transportation Security Adminis- tration related to providing transportation security support and intelligence pursuant to the Aviation and Transportation Security Act ( Public L a w 107 – 71; 115 Stat. 597; 4 9 U.S.C. 40101 note ) , $1,001,7 8 0,000, to remain available until September 30, 2011: Pro - vided, That of the funds appropriated under this heading, $20,000,000 may not be obligated for head q uarters 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 chec k point support and explosives detection systems refurbishment, procure- ment, 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 E X PENSES For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of $26,000,000; minor shore construction pro j ects not Deadlin e .Exp endi tur e plan s .

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Page:United States Statutes at Large Volume 123.djvu/2172

 123STA T . 21 5 2 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9exc ee ding$1,0 00,000 in to t al co s tatan y location ay m ents p ur su - ant to section 1 56 o fP u b lic L a w97–3 77 (42U.S . C . 402 note; 96 Stat. 1920 ) 8 05,391,000, of w h ich $581,503,000 shall be for defense-related acti v ities, of which $241,503,000 is designated as being for overseas deployments and other activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. R es. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010; of which $24,500,000 shall be derived from the O il Spill Liability T rust F und to carry out the purposes of section 1012(a)(5) of the Oil Pollution A ct 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, rehabili- tating, altering, modifying, and ma k ing improvements, including customi z ed tenant improvements, to any replacement or expanded Operations Systems Center facility
 * p
 * and recreation and welfare; $6,
 * Provide

d, That none of the funds made available by this or any other Act shall be available for administrative expenses in connection with shipping commis- sioners in the United States: Provided fu r th er, 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 G uard shall comply with the re q uirements of section 527 of Public Law 108–136 with respect to the Coast Guard Academy: Provided further, That of the funds provided under this heading, $50,000,000 shall be withheld from obligation for H ead- quarters D irectorates until: (1) the fiscal year 2010 second quarter acquisition report required by Public Law 108–7 and the fiscal year 2008 j oint explanatory statement accompanying Public Law 110–161; (2) the Revised Deepwater I mplementation Plan; and (3) the future-years capital investment plan for fiscal years 2011– 2015 are received by the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That funds made available under this heading for overseas deployments and other activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, may be allocated by program, project, and activity, notwithstanding section 503 of this Act. ENVIRO N M EN TALC OM P LIANCE AN D RE S TORATION For necessary expenses to carry out the environmental compli- ance 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 TRAININ G For necessary expenses of the Coast Guard Reserve, as author- ized by law; operations and maintenance of the reserve program; personnel and training costs; and equipment and services; $133,632,000. AC QU ISITION, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, Reports.J o in te x p la nator y state m ent. P lans. C oast Gu ar d .


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Page:United States Statutes at Large Volume 123.djvu/2173

 123STA T . 21 5 3 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9and a irc ra ft, inc lu din geq ui pm ent related t h eret o; and maintenance, reha b ilitation, lea s e and operation of facilities and equipment, as authori z edb y la w $1, 537 , 08 0,000, of which $ 2 0,000,000 shall be deri v ed from the O il S pill L iability T rust F und to carry out the purposes of section 1012 ( a ) (5) of the Oil P ollution A ctof1 9 90 (33 U. S. C . 2712(a)(5)); of which $121,000,000 shall be available until September 30, 201 4, to acquire, repair, renovate, or improve vessels, small boats, and related equipment; of which $129,500,000 shall be available until September 30, 2012, for other equipment; of which $27,100,000 shall be available until September 30, 2012, for shore facilities and aids to navigation facilities, including not less than $300,000 for the Coast G uard Academy Pier and not less than $1 6 ,800,000 for Coast Guard Station Cleveland H arbor; of which $105,200,000 shall be available for personnel compensation and benefits and related costs; and of which $1,154,280,000 shall be available until September 30, 2014, for the I ntegrated D eepwater Systems program
 * Provide

d, That of the funds made available for the Integrated Deepwater Systems program, $269,000,000 is for aircraft and $730,680,000 is for surface ships: Provided fu r th er, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of R epresentatives, in con j unction 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 Sys - tems program assets to pre-Deepwater legacy assets; a status report of such legacy assets; a detailed e x planation of how the costs of such legacy assets are being accounted for within the Integrated Deepwater Systems program; and the earned value management system gold card data for each Integrated Deepwater Systems pro- gram asset: Provided further, That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction with the fiscal year 2011 budget request, a comprehensive review of the Revised Deepwater Implementation Plan, and every 5 years thereafter, that includes a complete projection of the acquisition costs and schedule for the duration of the plan: Provided further, That the Secretary shall annually submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget is submitted under section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each capital budget line item — (1) the proposed appropriation included in that budget; (2) the total estimated cost of completion; (3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier; (4) an estimated completion date at the projected funding levels; and (5) changes, if any, in the total estimated cost of completion or estimated completion date from previous future-years capital investment plans submitted to the Committees on Appropria- tions 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 Deadlin e .I n v e stm ent p lan. 14USC6 6 3 n o te. R evie w . Deadline. 14 USC 663 note. Review. Repo r ts. Data.


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Page:United States Statutes at Large Volume 123.djvu/2174

 123STA T . 21 54PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9CoastGu a rdin t heP resident ’ s b ud g et as sub m itted under se c tion 1 1 05( a ) o f tit l e 3 1 ,U nited S tates Code, for that fiscal y ear
 * Provide

d fu r th er, T hat any inconsistencies bet w een the ca p ital in v estment plan and proposed appropriations shall be identified and j ustified: Provided further, That subsections (a) and (b) of section 64 0 2 of the U. S. Troop R eadiness, V eterans’ Care, K atrina Recovery, and I ra qA ccountability Appropriations Act, 200 7 (Public L aw 110 – 2 8 ) shall apply to fiscal year 2010. ALTER AT ION O FB RI DG E SF or necessary e x penses for alteration or removal of obstructive bridges, as authori z ed by section 6 of the Truman -H obbs Act (33 U.S.C. 516), $ 4,000,000, to remain available until expended: Pro - vided, That of the amounts made available under this heading, $4,000,000 shall be for the Fort M adison B ridge in Fort Madison, Iowa. RESEAR CH ,DE V ELO PM ENT, TEST, AND EVAL U ATION For necessary expenses for applied scientific research, develop- ment, test, and evaluation and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $24,745,000, to remain available until expended, of which $500,000 shall be derived from the O il Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Actof1 9 90 (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 PA Y 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 N ational D efense 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 E X PENSES For necessary expenses of the United States Secret Service, including: purchase of not to exceed 652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or con- trol, as may be necessary to perform protective functions; payment Ap p licab ili ty.


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Page:United States Statutes at Large Volume 123.djvu/2175

 123STA T . 21 5 5 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9ofperdi e m or sub sis t e nc e al lo w ances to emplo y ees w h ere a protec - ti v e assi g nment during the actual day or days of the visit of a protectee re q uires an employee to wor k16 hours per day or to remain overnight at a post of duty conduct of and participation in firearms matches; presentation of awards; travel of U nited S tates Secret Service employees on protective missions without regard to the limitations on such e x penditures in this or any other A ct if approval is obtained in advance from the C ommittees on Appro- priations of the Senate and the H ouse of R epresentatives; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $ 1 ,478 ,66 9, 0 00, 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 organi z ations in counter- feit investigations; of which $2, 3 66,000 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
 * Provide

d, T hat up to $18,000,000 for protective travel shall remain available until September 30, 2011: Provided fu r th er, That up to $1,000,000 for N ational Special Security E vents shall remain available until expended: Provided further, That the United States Secret Service is authorized to obligate funds in anticipation of reimbursements from F ederal agen- cies and entities, as defined in section 105 of title 5, United States Code, receiving training sponsored by the J ames 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 Secu- rity, or the designee of the Secretary, may waive that amount as necessary for national security purposes: Provided further, That none of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided further, That the D irector of the United States Secret Service may enter into an agreement to perform such service on a fully reimbursable basis: Provided further, That of the total amount made available under this heading, $33,960,000, to remain available until expended, is for information technology modernization: Provided further, That none of the funds made available in the preceding proviso shall be obligated to purchase or install information tech- nology equipment until the Chief I nformation O fficer of the Depart- ment of Homeland Security submits a report to the Committees on Appropriations of the Senate and the House of Representatives certifying that all plans for such modernization are consistent with Department of Homeland Security data center migration and enter- prise architecture requirements: Provided further, That none of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be obligated for the purpose of opening a new permanent domestic or overseas office or location unless the Committees on Appropriations of the Notif i ca tio n.De a dl ine. R e p o r t s . C ertification. W ai v era u t h orit y .


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Page:United States Statutes at Large Volume 123.djvu/2176

 123STA T . 21 56PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9Senat ean d t h e Hous eo fR e pr esentat iv es are notified 15 da y s in advan c eofsucho bl i g ation .ACQUIS I T I ON, CONST R UCTION, I MP RO VE MENTS, AN D RE L ATED E X PENSES F or necessary e x penses for ac q uisition, construction, repair, alteration, and i m provement of facilities, $3, 97 5, 0 00, to remain available until expended. TI T LE III P R O TE C TIO N , PREP A RE D NESS, RESPONSE, AND RECO V ER Y NATIONAL PROTECTION AND PRO G RAMS DIRECTORATE MANAGEMENT AND ADMINISTRATION For salaries and expenses of the Office of the U nder Secretary for the National Protection and Programs Directorate, support for operations, information technology, and the Office of Ris kM anage - ment and Analysis, $ 4 4,577,000
 * Provide

d, That not to exceed $5,000 shall be for official reception and representation expenses. IN F RASTRUCTURE PROTECTION AND INFORMATION SECURIT Y For necessary expenses for infrastructure protection and information security programs and activities, as authori z ed by title II of the Homeland Security Act of 2 002 (6 U.S.C. 121 et seq. ) , $ 8 99,416,000, of w hich $760,155,000 shall remain available until September 30, 2011: Provided, That of the amount made available under this heading, $161,815,000 may not be obligated for the National Cyber Security Division program and $12,500,000 may not be obligated for the Next G eneration Networks program until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure for each of these programs that describes the strategic context of the program, the specific goals and milestones set for the program, and the funds allocated to achieving each of those goals and mile- stones: Provided fu r th er, That of the total amount provided, no less than: $20,000,000 is for the National Infrastructure Simulation and Analysis Center $1,000,000 is for Philadelphia infrastructure monitoring; $3,500,000 is for State and local cyber security training; $3,000,000 is for the Power and Cyber Systems Protection, Analysis, and Testing Program at the Idaho National Laboratory; $3,500,000 is for the Cyber Security Test B ed and Evaluation Center; $3,000,000 is for the Multi-State Information Sharing and Analysis Center; $500,000 is for the Virginia Operational Integration Cyber Center of Excellence; $100,000 is for the Upstate New York Cyber Initiative; and $1,000,000 is for interoperable communications, tech- nical assistance, and outreach programs. FEDERAL PROTECTIVE SERVICE The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally-owned and leased buildings and for the operations of the Federal Protective Service: Provided, Certif i ca ti on.D ea dl ine. Exp endit u re plan.


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Page:United States Statutes at Large Volume 123.djvu/2177

 123STA T . 21 57PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9That th eS e cr etar yofH o m e l a nd Sec u r i ty and the D irector of the O ffice of M ana g ement and B udget s hall certify in w riting to the C ommittees on Ap propriations of the Senate and the House of R epresentati v es no later than Decem b er 31,20 0 9, that the oper - ations of the F ederal P rotective Service will be fully funded in fiscal year 2010 through revenues and collection of security fees, and shall ad j ust the fees to ensure fee collections are sufficient to ensure that the Federal Protective Service maintains not fewer than 1,200 full-time e q uivalent staff and 900 full-time equivalent Police Officers, I nspectors, Area Commanders, and Special Agents who, while wor k ing, are directly engaged on a daily basis protecting and enforcing laws at Federal buildings ( referred to as ‘ ‘in-service field staff ’ ’ ).UNITEDS T A TES V ISIT OR AND I M MI G RANT STATUS INDI C ATOR TEC H NO L OG Y For necessary e x penses for the development of the U nited States V isitor and Immigrant Status Indicator Technology project, as authori z ed by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 199 6 ( 8 U.S.C. 136 5 a), $ 3 7 3,762,000, to remain available until expended
 * Provide

d, 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 Appro- priations of the Senate and the House of Representatives receive a plan for expenditure, prepared by the Secretary of Homeland Security, not later than 90 days after the date of enactment of this Act that meets the statutory conditions specified under this heading in Public L aw 110 – 329: Provided fu r th er, That not less than $28,000,000 of unobligated balances of prior year appropria- tions shall remain available and be obligated solely for implementa- tion of a biometric air exit capability. O F FICE OF HEALTH AFFAIRS For necessary expenses of the Office of Health Affairs, $139,250,000, of which $30, 4 11,000 is for salaries and expenses: Provided, That $108,839,000 shall remain available until September 30, 2011, for biosurveillance, Bio W atch, medical readiness planning, chemical response, and other activities, including $5,000,000 for the N orth Carolina Collaboratory for Bio-Preparedness, University of North Carolina, Chapel Hill: Provided further, That not to exceed $3,000 shall be for official reception and representation expenses. FEDERAL E MERGENCY MANAGEMENT AGENCY MANAGEMENT AND ADMINISTRATION For necessary expenses for management and administration of the Federal Emergency Management Agency, $797,650,000, including activities authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro G rande 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 Expenditur e p la n .D eadline.


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Page:United States Statutes at Large Volume 123.djvu/2178

 123STA T . 21 58PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9SecurityA ct of1947(50U. S. C . 404, 405 ) , R eor gan i z ation Pl an N o. 3 of 197 8 (5 U.S.C. A p p.), t h e H o m elan d Security Act of 2 002 ( 6 U.S.C. 101 et s e q .), and the Post -K atrina E mergency M anage- ment Reform Act of 2006 (Pu b lic L a w 109 – 295 120 Stat. 1394)
 * Provide

d, T hatnottoe x ceed $ 3,000 shall be for official reception and representation expenses: Provided fu r th er, That the President ’ s budget submitted under section 1105(a) of title 31, United States Code, shall be detailed by office for the F ederal Emergency Manage- ment Agency: Provided further, That of the total amount made a v ailable under this heading, not to exceed $36,300,000 shall remain available until September 30, 2011, for capital improvements at the Mount W eather Emergency O perations Center: Provided fur - ther, 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- ma k ing related to mass evacuation during a disaster, the G overnors of the State of West V irginia and the Commonwealth of Pennsyl- vania, 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. STA T E A NDLOC AL PR O G RA M S (I NCL U DING TRANS F ER OF FUNDS ) For grants, contracts, cooperative agreements, and other activi- ties, $3,015,200,000 shall be allocated as follows: (1) $950,000,000 shall be for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605): Provided, That of the amount provided by this paragraph, $60,000,000 shall be for Operation Stonegarden: Provided further, That notwithstanding sub- section (c)(4) of such section 2004, for fiscal year 2010, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Common- wealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. (2) $887,000,000 shall be for the Urban Area Security I ni- tiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604), of which, notwithstanding subsection (c)(1) of such section, $19,000,000 shall be for grants to organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax section 501(a) of such code) determined by the Secretary of Homeland Security to be at high risk of a terrorist attack. (3) $35,000,000 shall be for Regional Catastrophic Preparedness Grants. (4) $41,000,000 shall be for the Metropolitan Medical Response System under section 635 of the Post-Katrina Emer- gency Management Reform Act of 2006 (6 U.S.C. 723). (5) $13,000,000 shall be for the Citizen Corps Program. (6) $300,000,000 shall be for Public Transportation Security Assistance and Railroad Security Assistance, under sections Det e rmina ti o n .Pu erto R i c o. W e s t V ir g inia. Penns ylv ania. Disaster evacuation. F e d eral b udget.


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Page:United States Statutes at Large Volume 123.djvu/2179

 123STA T . 21 59PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 09 1406and 1 5 1 3oftheImpl ement i n gR e c ommendation s of the 9/ 11 C ommission A ct of 2 00 7(Pub lic L a w 110 – 53 6 U.S .C. 1135 and 1163 ), of which not less than $ 20,000,000 shall be fo r Amtra k securit y:Provide d, T hat such public transportation security assistance shall be pro v ided directly to public transpor - tation agencies. (7) $300,000,000 shall be for Port Security G rants in accord- ance with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c). ( 8 ) $12,000,000 shall be for O ver-the-Road B us Security Assistance under section 1532 of the Implementing Rec- ommendations of the 9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 1182). (9) $50,000,000 shall be for Buffer Z one Protection Program Grants. (10) $50,000,000 shall be for the D river ’ s License Security Grants Program in accordance with section 204 of the R E AL ID Act of 2005 (49 U.S.C. 30301 note). (11) $50,000,000 shall be for the Interoperable Emergency Communications Grant Program under section 1809 of the H omeland Security Act of 2002 (6 U.S.C. 579). (12) $60,000,000 shall be for grants for Emergency Oper- ations Centers under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) to remain available until e x pended, of which no less than the amount specified for each Emergency Operations Center shall be provided as follows: $500,000, Benton County Emer- gency M anagement Commission, Iowa; $100,000, Bra z oria County Emergency Management, Texas; $800,000, Butte-Silver Bow, Montana; $338,000, Calvert County Department of Public Safety, Maryland; $425,000, City of Alamosa F ire Department, Colorado; $600,000, City of Ames, Iowa; $250,000, City of Boerne, Texas; $500,000, City of Brawley, California; $300,000, City of Brigantine, N ew J ersey; $350,000, City of Brookings, Oregon; $1,000,000, City of Chicago, Illinois; $1,000,000, City of Commerce, California; $300,000, City of Cupertino, Cali- fornia; $1,000,000, City of Detroit, Michigan; $750,000, City of Elk Grove, California; $400,000, City of Green Cove Springs, Florida; $600,000, City of Greenville, North Carolina; $300,000, City of Hackensack, New Jersey; $800,000, City of Hartford, Connecticut; $250,000, City of Hopewell, V irginia; $254,500, City of La Habra, California; $600,000, City of Las Vegas, Nevada; $750,000, City of Lauderdale Lakes, Florida; $750,000, City of Minneapolis, Minnesota; $375,000, City of Monterey Park, California; $400,000, City of Moreno Valley, California; $1,000,000, City of Mount Vernon, New Y ork; $1,000,000, City of Newark, New Jersey; $900,000, City of North Little Rock, Arkansas; $350,000, City of Palm Coast, Florida; $750,000, City of Port Gibson, Mississippi; $500,000, City of Scottsdale, Arizona; $750,000, City of Sunrise, Florida; $500,000, City of Tavares, Florida; $400,000, City of Torrington, Connecticut; $900,000, City of W hitefish, Montana; $500,000, City of Whit- tier, California; $500,000, City of Wichita, K ansas; $500,000, Columbia County, Oregon; $500,000, County of Union, New Jersey; $400,000, Dorchester County, South Carolina; $200,000, Fulton County (Atlanta) Emergency Management Agency, Georgia; $250,000, Howell County Emergency Preparedness, Missouri; $500,000, Jackson County Sheriff’s Office, Missouri;


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Page:United States Statutes at Large Volume 123.djvu/2180

 123STA T . 21 60PUBLIC LA W 111 –8 3 —O CT. 28 , 200 9$750, 000, Johns on C o u n ty , Texa s $500,000, K entu ck y Em e r-g ency M anagement, Kentucky; $ 8 00,000, L ake County, Fl or id a; $ 6 00,000, Lea County, N e w Mexico; $ 1 ,000,000, Lincoln County, W ashington; $ 2 50,000, Lycoming County, P ennsyl v ania; $250,000, Macom b County Emergency Management and Communications, Michigan; $ 3 00,000, Mercer County Emer- gency Management A gency, Kentucky; $1,000,000, Middle R io G rande D evelo p ment Council, Texas; $250,000, Minooka Fire Protection District, I llinois; $800,000, Mobile County Commis- sion, Alabama; $200,000, Monroe County, Florida; $1,000,000, Morris County, New Jersey Of fice of Emergency Management, New Jersey; $750,000, New Orleans Emergency Medical S erv- ices, Louisiana; $1,000,000, North Carolina Office of Emergency Management, North Carolina; $500,000, North H udson Regional Fire and Rescue, New Jersey; $ 9 80,000, North Lou- isiana Regional, Lincoln Parish, Louisiana; $1,500,000, Ohio Emergency Management Agency, Columbus, Ohio; $250,000, Passaic County Prosecutor ’ s Office, New Jersey; $980,000, City of Providence, Rhode Island; $800,000, San Francisco Depart- ment of Emergency Management, California; $300,000, Sara- sota County, Florida; $650,000, Scotland County, North Caro- lina; $500,000, Somerset County, Maine; $1,500,000, State of Maryland, Maryland; $158,000, City of Maitland, Florida; $500,000, Tohono O’odham Nation; $75,000, Towamencin Town- ship, Pennsylvania; $275,000, Town of Harrison, New Y ork; $500,000, Town of Shorter, Alabama; $750,000, Township of Irvington, New Jersey; $500,000, Township of Old B ridge, New Jersey; $2 4 7,000, Township of South Orange V illage, South Orange, New Jersey; $500,000, U pper Darby Township Police Department, Pennsylvania; $165,000, Village of Elmsford, New York; $350,000, Washington Parish Government, Louisiana; $900,000, Westmoreland County Department of Public Safety, Pennsylvania; $1,000,000, Williamsburg County, South Caro- lina; and $20,000, Winston County Commission, Alabama .( 13 ) $267,200,000 shall be for training, exercises, technical assistance, and other programs, of which — (A) $164,500,000 shall be for the National Domestic Preparedness Consortium in accordance with section 1204 of the Implementing Recommendations of the 9 / 11 Commis- sion Act of 2007 (6 U.S.C. 1102), of which $62,500,000 shall be for the Center for Domestic Preparedness; $23,000,000 shall be for the National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology; $23,000,000 shall be for the National Center for Biomedical Research and Training, Louisiana State University; $23,000,000 shall be for the National Emergency Response and Rescue Training Center, Texas A & M University; $23,000,000 shall be for the National Exercise, Test, and Training Center, Nevada Test Site; $5,000,000 shall be for the Natural Disaster Prepared- ness Training Center, University of Hawaii, Honolulu, Hawaii; $5,000,000 shall be for surface transportation emergency preparedness and response training to be awarded under full and open competition; (B) $1,700,000 shall be for the Center for Counterter- rorism and Cyber Crime, Norwich University, Northfield, Vermont; and


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Page:United States Statutes at Large Volume 123.djvu/2181

 123STA T . 21 6 1 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9(C)$3,0 00,000 shal l befort he Ru ral D o m est icP re p are dn ess Consortium, E astern K entuc kyU ni v ersity
 * Provide

d, T hat 4 percent of the amounts provided under this headin g shall be transferred to the F ederal Emergency M anagement A gency ‘ ‘Management and Administration ’ ’ account for program administration, and an e x penditure plan for program administration shall be provided to the Committees on Appropriations of the S enate and the H ouse of Representatives w ithin 6 0 days after the date of enactment of this Act: Provided fu r th er, That notwithstanding section 2 00 8 (a)( 1 1) of the Homeland Security Act of 2002 (6 U . S.C. 60 9 (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 applica - tions not later than 90 days after the grant announcement, and that the Administrator of the Federal Emergency Management Agency shall act within 90 days after receipt of an application: Provided further, That for grants under paragraphs (6) through (11), the applications for grants shall be made available to eligible applicants not later than 30 days after the date of enactment of this Act, that eligible applicants shall submit applications within 45 days after the grant announcement, and that the Federal Emer- gency 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 fur - ther, That (a) the Center for Domestic Preparedness may provide training to emergency response providers from the Federal G overn- ment, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for the cost of such training, and any reimbursement under this subsection shall be credited to the account from which the expenditure being reimbursed was made and shall be available, without fiscal year limitation, for the purposes for which amounts in the account may be expended, and (b) the head of the Center for Domestic Preparedness shall ensure that any training provided under (a) does not interfere with the primary mission of the Center to train State and local emergency response providers. FIRE FI GHT ER AS SISTA NC E GRANTS For necessary expenses for programs authori z ed by the Federal Fire Prevention and Control Act of 19 7 4 (15 U.S.C. 2201 et se q .), $810,000,000, of which $390,000,000 shall be available to carry out section 33 of that Act (15 U.S.C. 2229) and $420,000,000 shall be available to carry out section 34 of that Act (15 U.S.C. 2229a), to remain available until September 30, 2011: Provided, That not to exceed 5 percent of the amount available under this heading shall be available for program administration, and an expenditure plan for program administration shall be provided to the Commit- tees on Appropriations of the Senate and the House of Representa- tives within 60 days of the date of enactment of this Act. Expenditur e p la n .D eadline. R ep o rt s . Deter m ination. Deadlines. Deadlines. Expenditure plan. Deadline.


text: Dictionary of National Biography, 1885-1900/Moore, Dugald


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Page:United States Statutes at Large Volume 123.djvu/2182

 123STA T . 21 6 2 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9EM E RG E NCY M A NAGEMEN TP ER FO RMANCE GRANT SFornec e s s a r y e xp enses f ore m er g ency managemen t perform - ance grants , asa u t h or iz e db y the N ationa l Flood I nsurance A ct of 1968(42U.S . C . 4 0 01etse q . ) , the R obert T . Stafford D isaster Relief and E mergency Assistance Act (42 U.S.C. 5 121 et seq.), the Earthqua k e H azards Reduction Act of 19 7 7 (42 U.S.C. 7701 et seq.), and Reorganization P lan No. 3 of 1978 (5 U.S.C. App.), $ 340,000,000
 * Provide

d, That total administrati v e costs shall not exceed 3 percent of the total amount appropriated under this heading, and an expenditure plan for program administration shall be provided to the Committees on Appropriations of the Senate and the House of Representatives w ithin 60 days of the date of enactment of this Act. RA DI O L OGICAL EMERGENCY PREPAREDNESS PROGRAM The aggregate charges assessed during fiscal year 2010, as authorized in title III of the Departments of V eterans Affairs and Housing and Urban Development, and Independent Agencies Appro- priations 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 pro- gram 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 adminis- trative costs of collecting such fees: Provided fu r th er, That fees received under this heading shall be deposited in this account as offsetting collections and will become available for authorized purposes on O ctober 1, 2010, and remain available until expended. U NITED STATES FIRE ADMINISTRATION For necessary expenses of the United States Fire Administra- tion and for other purposes, as authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), $45,588,000. DISASTER RELIEF ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $1,600,000,000, to remain available until expended: Pro - vided, That the Federal Emergency M anagement Agency shall submit an expenditure plan to the Committees on Appropriations of the Senate and the House of Representatives detailing the use of the funds for disaster readiness and support within 60 days after the date of enactment of this Act: Provided further, That the Federal Emergency Management Agency shall submit to such Committees a quarterly report detailing obligations against the expenditure plan and a j ustification 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 G eneral for audits and investigations related to disas- ters, subject to section 503 of this Act: Provided further, That Deadlin e s.R e port s. Ex pendit u re plan. Deadline. F ees. E f fe c ti v e date. Expenditure plan. Deadline.


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Page:United States Statutes at Large Volume 123.djvu/2183

 123STA T . 21 6 3 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9$105,6 00,000 shal l betr a n s f erre d t oF ederal Em er g en cyM anage - ment A gency ‘ ‘Management and Adm i nistration ’ ’ for management and administration f u nctions
 * Provide

d fu r th er, T hat the amount p ro v ided in the previous proviso shall not be available for transfer to ‘‘Management and Administration’’ until the Federal Emergency Management Agency submits an e x penditure plan to the C ommit- tees on Appropriations of the S enate and the H ouse of R epresenta- tives: Provided further, That the Federal Emergency Management Agency shall submit the monthly ‘‘ D isaster Relief’’ report, as speci- fied in P ublic L a w 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 re q uest for reimbursement from a Federal agency to the Department of Homeland Security to cover expenditures under the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42U .S.C. 5121 et seq. ) , or any mission assignment orders issued by the Department for such purposes, the Secretary of Homeland Security shall ta k e appropriate steps to ensure that each agency is periodically reminded of Department policies on — (1) the detailed information required in supporting docu- mentation for reimbursements and (2) the necessity for timeliness of agency billings. DISA S TER ASSISTA NC E DIRECT LO AN P RO G RA M ACCO U NT For activities under section 3 1 9 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for the cost of direct loans: Provided, That gross obliga- tions 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 B udget Act of 19 7 4 (2 U.S.C. 661a). F LOOD MAP MODERNI Z ATION FUND For necessary expenses under section 1360 of the N ational Flood I nsurance Act of 196 8 (42 U.S.C. 4101), $220,000,000, and such additional sums as may be provided by State and local govern- ments or other political subdivisions for cost-shared mapping activi- ties under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain available until expended: Provided, That total administra- tive costs shall not exceed 3 percent of the total amount appro- priated under this heading. NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), $146,000,000, which shall be derived from offsetting collections assessed and collected under section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), which is available as follows: (1) not to exceed $38,680,000 for salaries and expenses associated with flood mitiga- tion 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 Deadlin e s.R e port s. Ex pendit u re plan.


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Page:United States Statutes at Large Volume 123.djvu/2184

 123STA T . 21 64PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9Nation a lF loo dI n sur an ceA cto f1968(42U.S . C . 4 0 1 5 (d ) )s h all b e credited as an offsettin g collection to this account , tobea v ailable for flood p lain m anagement and flood mapping
 * Provide

d fu r th er, T hat in fiscal y ear 2010, no funds shall be available from the National Flood Insurance Fund under section 1 3 10 of that Act (42 U.S.C. 401 7 )ine x cess 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 borro w ings; 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 sec - tion 102 of the Flood D isaster P rotection Act of 1973 and section 1366(i) of the National Flood Insurance Act of 1968 shall be depos- ited 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 adminis- trative costs shall not exceed 4 percent of the total appropriation. NATIO NA LPRED I S ASTER M ITI G ATION FU ND For the predisaster mitigation grant program under section 203 of the R obert T. Stafford Disaster Relief and E mergency Assist- ance Act (42 U.S.C. 5133), $100,000,000, to remain available until expended and to be obligated as detailed in the j oint explanatory statement accompanying this Act: Provided, That the total adminis- trative costs associated with such grants shall not exceed 3 percent of the total amount made available under this heading. EMERGEN CY FOOD AND S H ELTER To carry out the emergency food and shelter program pursuant to title III of the M c K inney- V ento H omeless Assistance Act (42 U.S.C. 11331 et se q .), $200,000,000, to remain available until expended: Provided, That total administrative costs shall not exceed 3.5 percent of the total amount made available under this heading. TIT L EIV RESEARCH AND DEVEL O PMENT, TRAININ G , AND SERVICES UNITED STATES CITI Z ENSHIP AND IMMIGRATION SER V ICES For necessary expenses for citi z enship and immigration serv- ices, $224,000,000, of which $50,000,000 is for processing applica- tions for asylum or refugee status; of which $5,000,000 is for the processing of military naturalization applications; and of which $137,000,000 is for the basic pilot program (E-Verify Program),


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Page:United States Statutes at Large Volume 123.djvu/2185

 123STA T . 21 65PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9as a uthorizedby se c tio n402 o f the Il le g alI m migration R eform and Immigrant Res p onsibility A ct of 19 9 6(8U.S . C . 1 3 24a note ), to assist United States employers w ith maintaining a legal wor k force
 * Provide

d, T hat of the amounts made a v ailable for the basic pilot program ( E-V erify P rogram), $ 30,000,000 shall remain available until September 30, 2011: Provided fu r th er, That notwith- standing any other provision of law, funds available to United States Citizenship and Immigration Services may be used to ac q uire, operate, equip, and dispose of up to five vehicles, for replacement only, for areas where the Administrator of G eneral Services does not provide vehicles for lease: Provided further, That the D irector of United States Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees ’ residences and places of employment: Provided further, That none of the funds made available under this heading may be obligated for processing applications for asylum or refugee status unless the Secretary of H omeland Security has published a final rule updating part 103 of title 8, Code of F ederal Regulations, to discontinue the asylum / refugee surcharge: Provided further, That none of the funds made available under this heading may be obligated for development of the ‘ ‘REA L ID hub’’ until the Committees on Appropriations of the Senate and the House of Representatives receive a plan for e x penditure for that program that describes the strategic context of the program, the specific goals and milestones set for the pro- gram, and the funds allocated for achieving each of these goals and milestones: Provided further, That none of the funds made available in this Act for grants for immigrant integration may be used to provide services to aliens who have not been lawfully admitted for permanent residence. F ED E RAL LA W E NFO R C E M EN T TRA I NIN G CENTER S ALARIES AND E XP ENSES 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 11 7 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 per- sonal mobile phones for official duties; and services as authorized by section 3109 of title 5, United States Code; $239,356,000, of which up to $47,751,000 shall remain available until September 30, 2011, for materials and support costs of Federal law enforcement basic training; of which $300,000 shall remain available until expended for Federal law enforcement agencies participating in training accreditation, to be distributed as determined by the Fed- eral 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 Aliens.Exp en d i tur e pl a n. R e f u g ees. Regulati o ns. F ederal Register , pu b li c ation.


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Page:United States Statutes at Large Volume 123.djvu/2186

 123STA T . 21 6 6 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9to t albudge ta ry re s our c esa v a i lable at t h ee n do f the fiscal year
 * Provide

d fu r th er ,T hat section 120 2 ( a ) of P ublic L a w 10 7– 20 6 ( 4 2 U.S . C . 3 771 note), as a m ended by Public Law 110–32 9 (122 Stat. 3677), is further amended by stri k ing ‘ ‘ D ecember 31, 2011 ’ ’ and inserting ‘‘December 31, 2012’’: Provided further, That the F ederal Law E nforcement Training A ccreditation B oard, including re p- resentatives from the Federal law enforcement community and non-Federal accreditation e x perts involved in law enforcement training, shall lead the Federal law enforcement training accredita- tion process to continue the implementation of measuring and assessing the q uality 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. ACQUIS I T I ON S, CONST R UCTION, I MP RO VE MENTS, AN D RE L ATED E X PENSES For acquisition of necessary additional real property and facili- ties, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, $ 43,4 5 6,000, to remain available until expended: Provided, That the Center is authori z ed to accept reimbursement to this appropriation from government agencies requesting the construction of special use facilities. SCIENCE AND TEC H NOLO GY MANAGEMENT AND ADMINISTRATION For salaries and expenses of the O ffice of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title I II of the H ome- land Security Act of 2002 (6 U.S.C. 1 8 1 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 pro j ects development; test and evalua- tion; acquisition; and operations; as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $863,271,000, of which $713,083,000, to remain available until September 30, 2012; and of which $150,188,000, to remain available until Sep- tember 30, 2014, solely for Laboratory Facilities: Provided, That not less than $20,865,000 shall be available for the Southeast R egion Research Initiative at the Oak Ridge N ational Laboratory: Provided further, That not less than $3,000,000 shall be available for Distributed Environment for Critical Infrastructure Decision- making Exercises: Provided further, That not less than $12,000,000 shall be for construction expenses of the Pacific Northwest National Laboratory: Provided further, That not less than $2,000,000 shall be for the Cincinnati Urban Area partnership established through the Regional Technology Integration Initiative: Provided further,


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Page:United States Statutes at Large Volume 123.djvu/2187

 123STA T . 21 67PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9Thatno t les s than $10, 000,000 shall b ea v a i lable f o r the N ational I nstit u te for H o m eto w n S e c urit y , K entuc k y
 * Provide

d fu r th er, That not less than $ 2 ,000,000 shall be available for the Naval P ost -g ra d uate School: Provided further, That not less than $1,000,000 shall be available to continue a homeland security research, develo p - ment, and manufacturing pilot pro j ect: Provided further, That not less than $ 5 00,000 shall be available for a demonstration project to develop situational awareness and decision support capabilities through remote sensing technologies: Provided further, That not less than $ 4 ,000,000 shall be available for a pilot program to develop a replicable port security system that would improve maritime domain awareness: Provided further, That $ 3 2,000,000 shall be for the National B io- and A gro-defense F acility, of which up to $2,000,000 may be obligated for the National Academy of Sciences to complete the L etter R eport re q uired in section 5 6 0 ( b ) of this Act .DOMESTIC N U C L E AR DETECTIO NOF FICE MANA G EMENT AN D ADMINISTRATION For salaries and e x penses of the Domestic Nuclear Detection Office as authori z ed by title X IX of the Homeland Security Act of 2002 (6 U .S. C . 5 9 1 et seq.) as amended, for management and administration of programs and activities, $3 8 ,500,000: Provided, That not to exceed $3,000 shall be for official reception and rep- resentation expenses. RESEARC H ,DE V ELO P MENT, AND OPERATIONS For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $324,53 7 ,000, to remain available until September 30, 2012. S Y STEMS AC Q UISITION For expenses for the Domestic Nuclear Detection Office acquisi- tion and deployment of radiological detection systems in accordance with the global nuclear detection architecture, $20,000,000, to remain available until September 30, 2012: Provided, That none of the funds appropriated under this heading in this Act or any other Act shall be obligated for full-scale procurement of Advanced Spectroscopic Portal monitors until the Secretary of Homeland Secu- rity submits to the Committees on Appropriations of the Senate and the House of Representatives a report certifying that a signifi- cant increase in operational effectiveness will be achieved by such obligation: Provided further, That the Secretary shall submit sepa- rate and distinct certifications prior to the procurement of Advanced Spectroscopic Portal monitors for primary and secondary deploy- ment that address the unique requirements for operational effective- ness of each type of deployment: Provided further, That the Sec- retary 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. Consulta t i on .Rep o r ts. Certi f i c ations.


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 123STA T . 21 68PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9TI T LEVG E N E RA L P R O VI S IONS (INCLUD IN GRES CISSI O NSO F FUNDS ) SEC .501 . N opart o f a ny appropr i ation c ontain ed int h i s Act sha l lre m ain a v aila b le for obli g ation beyond the c u rrent fiscal year unless e x pressly so provided herein. SEC. 50 2 . Sub j ect to the re q uirements of section 50 3 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 w ith 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 D epartment of H omeland Security that remain available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury of the U nited States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a re - programming 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 C ongress; ( 4 ) proposes to use funds directed for a specific activity by either of the Commit- tees on Appropriations of the Senate or the House of Representa- tives for a different purpose; or (5) contracts out any function or activity for which funding levels were requested for F ederal full-time equivalents in the object classification tables contained in the fiscal year 2010 B udget 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 Depart- ment 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 Notif i ca tio ns.De a dl ines.


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 123STA T . 21 69PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 09 transfe rre db et w een s uch a p pr o pr i ations , but no such appropriation, e x cept as otherwise specifica l l y pro v ided, shall be increased by m ore than 10 percent by such transfers
 * Provide

d, T hat any transfer under this section shall be treated as a repro g ramming of funds under subsection ( b ) and shall not be available for obligation unless the C ommittees on A ppropriations of the S enate and the H ouse of R epresentatives are notified 1 5 days in advance of such transfer . (d) N otwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations after J une 3 0, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. S EC .50 4 . The D epartment of Homeland Security W or k ing Cap - ital F und, established pursuant to section 403 of P ublic L aw 103 – 35 6 (31 U .S.C. 501 note), shall continue operations as a permanent working capital fund for fiscal year 2 010: Provided, That none of the funds appropriated or otherwise made available to the Depart- ment 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 fu r th er, 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 sub j ect to the re q uirements of section 503 of this Act. SEC. 505. E xcept 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 authori z ed by the Congress for purposes of section 504 of the National Security Act of 1 9 4 7 (50 U.S.C. 414) during fiscal year 2010 until the enactment of an Act authorizing intelligence activities for fiscal year 2010. SEC. 507. None of the funds made available by this Act may be used to make a grant allocation, grant award, contract award, O ther Transaction Agreement, a task or delivery order on a Depart- ment 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 Grants.Co ntra c ts. N ot if ication. De a dl ines. Ap pro v al re qu est. 31US C1 50 1 note.


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 123STA T . 21 70PUBLIC LA W 111 –8 3 —O CT. 28 , 200 9det e rmin e s t ha t co m pl iance w ith this section wo u ldposeasu b stan - tial ris k to human li f e , health, or safet y , an award may be made without notification and the C ommittees on A ppropriations of the S enate and the H ouse of R epresentati v es shall be notified not later than 5 full business days after such an award is made or letter issued
 * Provide

d fu r th er, T hat no notification shall involve funds that are not available for obli g ation: 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 F ederal E mergency M anagement 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 L ocal P rograms ’ ’ . S EC .5 08 . N otwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, e x cept 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 Enforce- ment Training Center is authori z ed 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. 50 9 . None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or ac q uisition pro j ect for which a prospectus otherwise required under chapter 3 3 of title 4 0, U nited States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the develop- ment of a proposed prospectus. SEC. 5 1 0. Sections 519, 5 2 0, 522, 528, 530, and 531 of the D epartment of Homeland Security Appropriations Act, 2008 ( divi- sion E of Public Law 110 – 1 6 1 121 Stat. 20 7 2, 2073, 2074, 2082 ) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act. SEC. 511. None of the funds made available in this Act may be used in contravention of the applicable provisions of the B uy American Act (41 U.S.C. 10a et seq.). SEC. 512. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the I mmigration and Nationality Act (8 U.S.C. 1448). SEC. 513. None of the funds appropriated by this Act may be used to process or approve a competition under O ffice of Manage- ment and Budget Circular A–76 for services provided as of J une 1, 2004, by employees (including employees serving on a temporary or term basis) of United States Citizenship and Immigration Serv- ices of the Department of Homeland Security who are known as of that date as Immigration Information Officers, Contact Rep- resentatives, or Investigative Assistants. SEC. 514. (a) The Assistant Secretary of Homeland Security (Transportation Security Administration) shall work with air car- riers 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. Deadlin e s.R e port s. A ir c arriers and airports. Applica b ilit y . C ontracts. B rie f in g . Deadline.


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 123STA T . 21 7 1 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9(b)Notla t er t h a n45d a ys a f ter the end of ea c h qu arter , the A ss i stant S ecretary shall sub m it to the C ommittees on A p pro - priations of the Senate and the H ouse of R epresentati v es a report on air car g o inspection statistics by airport and air carrier detailing the incremental progress being made to meet the requirement of section 44 901 (g)( 2 )( B ) of title 49, U nited States Code . (c) Not later than 1 8 0 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 ho w the T ransportation 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 chec k ed baggage. S EC . 515. W ithin 45 days after the end of each month, the Chief F inancial O fficer of the D epartment of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report for that month that includes total obligations, on-board versus funded full-time equivalent staffing levels, and the number of contract employees for each office of the Department. SEC. 51 6 . Ex cept as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to Transpor- tation Security Administration ‘ ‘Aviation Security ’ ’, ‘‘Administra- tion’’ and ‘‘Transportation Security Support’’ for fiscal years 2004, 2005, 2006, 200 7, 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, sub j ect to notification
 * Provide

d, That quarterly reports shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives on any funds that are recovered or deobligated. SEC. 517. Any funds appropriated to Coast G uard ‘‘Acquisition, Construction, and I mprovements’’ for fiscal years 2002, 200 3, 2004, 2005, and 2006 for the 110 – 123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of nego- tiation, mediation, or litigation, shall be available until expended for the Replacement P atrol Boat (FRC–B) program. SEC. 518. (a) None of the funds provided by this or any other Act may be obligated for the development, testing, deployment, or operation of any portion of a human resources management system authori z ed by section 9701(a) of title 5, United States Code, or by regulations prescribed pursuant to such section, for an employee, as that term is defined in section 7103(a)(2) of such title. (b) The Secretary of Homeland Security shall collaborate with employee representatives in the manner prescribed in section 9701(e) of title 5, United States Code, in the planning, testing, and development of any portion of a human resources management system that is developed, tested, or deployed for persons excluded from the definition of employee as that term is defined in section 7103(a)(2) of such title. SEC. 519. Section 532(a) of Public L aw 109–295 (120 Stat. 1384) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. Col l ab o r a ti o n.De a d line. R e p ort s . N oti f i c ation. Deadline. Reports.


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Rh LIII


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 123STA T . 21 7 2 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9SEC.520 . Thefunctio n s of the F e d e ralL a wE nforce m ent Trainin gC enter instructor staff shall b e classified as inherentl y go v ernmental for the p urpose of the Federal A ctivities I nventory R eform Act of 19 9 8(3 1 U .S.C. 501 note ) . SEC. 521. (a) E x cept as provided in subsection (b) , none of the funds appropriated in this or any other Act to the O ffice of the Secretary and Executive M anagement, 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 re q uired by a Federal statute, including obligation for a purchase made under a mandated preferential program, including the AbilityOne P rogram, that is authori z ed under the J avits -W agner-O ’D ayAct( 4 1 U.S.C. 4 6 et seq.) (2) pursuant to the Small B usiness 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 Prop- erty 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) Sub j ect to paragraph (2), the Secretary of H omeland 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 ris k to human health or welfare. (2) N ot 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 G eneral of the Depart- ment 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 regula- tions
 * Provide

d, That the Inspector General shall review selected contracts awarded in the previous fiscal year through means other than a full and open competition: Provided fu r th er, 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 Depart- ment missions, past performance problems on similar contracts or by the selected vendor, complaints received about the award process or contractor performance, and such other factors as the Inspector General deems relevant: Provided further, That the Inspector General shall report the results of the reviews to the Committees on Appropriations of the Senate and the House of Representatives no later than February 5, 2010. SEC. 522. Except as provided in paragraphs (1) and (2) of this section, none of the funds provided by this or previous appro- priations Acts shall be used to fund any position designated as Waiver a utho rit y.R e p ort s . D ea dl i n e. Revie w . Deadline. N oti f i c ation. Waiver authority. G rants. C ontracts. Classified infor m ation.


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 123STA T . 21 7 3 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9aPrinc i p a lFed eral Of ficial ,o ran ysu ccessor posi t ion, for any R o b ert T.S tafford D isaster Relief and Em er g ency A ssistance Act (42U .S. C . 51 21etse q . ) declared disasters or emergencies — (1) T h e Secretary of H omeland Security may w ai v e 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 30 2of the Robert T. Stafford Disaster Relief and Emergency Assist - ance Act (42 U.S.C. 5143), and shall be sub j ect to the provisions of subsection (c) of section 31 9 of title 6, United States Code. The Secretary may not delegate the authority to grant such a waiver. (2) N ot 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 I nfrastructure Committee of the House of Representatives, and the Homeland Security and G overnmental Affairs Committee of the Senate e x plaining the circumstances necessitating the waiver, describing the specific role of any officials appointed pursuant to the waiver, and outlining measures ta k en 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. S EC . 523. None of the funds made available in this or any other Act may be used to enforce section 4025(1) of Public L aw 10 8– 458 unless the Assistant Secretary of Homeland Security (Transportation Security Administration) reverses the determina- tion of J uly 19, 200 7, 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 authori z ed by a statute enacted after the date of the enactment of this Act. SEC. 525. None of the funds provided in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452). SEC. 526. None of the funds made available in this Act may be used by United States Citizenship and Immigration Services to grant an immigration benefit unless the results of background checks required by law to be completed prior to the granting of the benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the granting of the benefit. SEC. 527. None of the funds made available in this Act may be used to destroy or put out to pasture any horse or other equine belonging to the Federal Government that has become unfit for service, unless the trainer or handler is first given the option to take possession of the equine through an adoption program that has safeguards against slaughter and inhumane treatment. Equine.B u ta ne l i gh te rs. D ea d line. No ti f i c ation.


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 123STA T . 21 74PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9SEC.528 . None o fth ef u n dspr o vi ded in this Ac t under the he a din g‘ ‘ O ffice of the C hief I nfor m ation Officer ’ ’ sha l l b e used for data center development other than for D ata Center One ( National Center for Critical Information P rocessing and Storage ) until the Chief Information Officer certifies that Data Center One is full y utili z ed as the Department’s primary data storage center at the highest capacity throughout the fiscal year. SEC. 52 9 . None of the funds in this Act shall be used to reduce the U nited States Coast G uard’s Operations Systems Center mission or its government - employed or contract staff levels. SEC. 5 30 . None of the funds appropriated by this Act may be used to conduct , or to implement the results of, a competition under Office of M anagement and B udget Circular A –76 for activities performed w ith respect to the Coast Guard National V essel Docu- mentation Center. SEC. 53 1 . Section 831 of the H omeland Security Act of 2002 (6 U.S.C. 391) is amended — (1) in subsection (a), by stri k ing ‘‘Until September 30, 2009’’ and inserting ‘‘Until September 30, 2010,’’ and (2) in subsection (d)(1), by striking ‘‘September 30, 2009,’’ and inserting ‘‘September 30, 2010,’’. SEC. 532. T he Secretary of Homeland Security shall re q uire 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 Ex ecutive Management under this Act may be expended for any new hires by the Department of Homeland Secu- rity that are not verified through the basic pilot program (E-Verify Program) under section 4 01 of the Illegal Immigration R eform 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 F ederal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act
 * Provide

d, That this section shall apply only to individuals trans- porting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided fu r th er, 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 L abor (H–2B) set out beginning on 70 Fed. Reg. 3984 ( J anuary 27, 2005). SEC. 536. The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under subsection (g)(4)(B) of title 31, Unites States Code (as added by Public Law Notif i ca tio n.Ap p l ica b ilit y . Drugs an d drug abus e . C ontracts. Certification.


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 123STA T . 21 75PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9102–39 3 )fromtheD e pa rtme n tofthe T rea su r yF orfe i ture Fun d toanya g en c y w ithin the Department of H ome l and S ecurity
 * Pro-vide

d , That none of the funds identified for such a transfer may b e obligated until the C ommittees on A ppropriations of the Senate and the House of R epresentati v es approve the proposed transfers . S EC. 5 3 7 . N one of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. SEC. 53 8 . I f the Assistant Secretary of Homeland Security ( Transportation Security Administration) determines that an air - port does not need to participate in the basic pilot program ( E - V erify P rogram) under section 4 02 of the Illegal Immigration Reform and Immigrant Responsibility Act of 199 6 (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 ris k s will result from such non-participation. SEC. 539. (a) Notwithstanding any other provision of this Act, e x cept as provided in subsection (b), and 30 days after the date that the President determines whether to declare a ma j or disaster because of an event and any appeal is completed, the Administrator shall submit to the Committee on Homeland Security and G overn- mental 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 M anagement Agency, a report regarding that decision, which shall summari z e damage assessment information used to determine whether to declare a major disaster. (b) The Administrator may redact from a report under sub- section (a) any data that the Administrator determines would com- promise national security. (c) In this section — (1) the term ‘ ‘Administrator ’ ’ means the Administrator of the Federal Emergency Management Agency and (2) the term ‘‘major disaster’’ has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). SEC. 540. Notwithstanding any other provision of law, should the Secretary of Homeland Security determine that the National B io- and Agro-defense Facility be located at a site other than Plum Island, New Y ork, 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 re q uirements: 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 O perations’’ 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 fu r th er, That after Notif i ca tio n.De a dl ine. Ne wY o rk . R eal p ropert y . Definition s . Deadline. P resident. W e b postin g . Reports. C ertification. National identification card.


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 123STA T . 21 76PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9thecompl et i o n o f con s t ru ction a n d en v ironmental remediation , the une x pended b alances of funds appropriated for costs in the pre - cedin g proviso shall be available for transfer to the appropriate account for design and construction of a consolidated D epartment of H omeland S ecurit y Head q uarters pro j ect, excluding daily oper- ations and maintenance costs, not w ithstanding section 503 of this A ct, and the C ommittees on Appropriations of the Senate and the House of R epresentatives shall be notified 1 5 days prior to such transfer . S EC. 5 4 1. T he explanatory statement referenced in section 4 of P ublic L aw 110 – 1 6 1 for ‘ ‘ N ational Predisaster M itigation F und ’ ’ under Federal E mergency Management Agency is deemed to be amended —( 1 ) by stri k ing ‘‘Dalton Fire District’’ and all that follows through ‘‘ 7 50,000’’ and inserting the following ‘‘Franklin Regional Council of G overnments, MA ....... 2 50,000 Town of Lanesborough, MA .......................................... 175,000 U niversity 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 Gen- eral’s O ffice of Emergency Preparedness the following: ‘‘Town of B ranchville, SC .............................................. 1,500,000’’; and (5) by striking ‘‘Public W orks Department of the City of Santa Cru z , CA’’ and inserting ‘‘Monterey County Water Resources Agency, CA’’. SEC. 542. Any official that is required by this Act to report or certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. SEC. 543. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ‘‘September 30, 200 9 ’’ and inserting ‘‘Sep- tember 30, 2010’’. SEC. 544. (a) Not later than 3 months after the date of enact- ment 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 sub- section (a). SEC. 545. From unobligated amounts that are available to the Coast Guard for fiscal year 200 8 or 2009 for ‘‘Acquisition, Construction, and I mprovements’’ for shoreside facilities and aids to navigation at Coast Guard Sector Buffalo, the Secretary of Home- land Security shall use such sums as may be necessary to make improvements to the land along the northern portion of Sector Deadlin e s.Co ns u l t ation.


text: Dictionary of National Biography, 1885-1900/Moore, Edward (1530?-1602)


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Page:United States Statutes at Large Volume 123.djvu/2197

 123STA T . 21 7 7 PUBLIC LA W 111 –8 3 —O CT. 28 , 2 0 0 9Buf f alot o enh an c e p u b l i c acce s s to the Buffalo L i g hthouse an d the w ate r front .SEC . 546 . F or fiscal y ear 201 0 and thereafter , the Secretary m ay pro v ide 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 A ct of 1990 ( 22 U .S. C . 40 8 1 et se q . ) . SEC. 54 7 . Section 401(b) of the Illegal Immigration R eform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1 3 24a note) is amended by stri k ing ‘ ‘at the end of the 11 - year period beginning on the first day the pilot program is in effect. ’ ’ and inserting ‘‘on September 30, 2012.’’. SEC. 548. Section 610(b) of the D epartments of Commerce, J ustice, and State, the Judiciary, and Related Agencies Appropria- tions Act, 1993 (8 U.S.C. 1153 note) is amended by striking ‘‘for 15 years’’ and inserting ‘‘until September 30, 2012’’. SEC. 549. (a) In addition to collection of registration fees described in section 244(c)(1)(B) of the Immigration and N ationality Act (8 U.S.C. 1254a(c)(1)(B)), fees for fingerprinting services, biometric services, and other necessary services may be collected when administering the program described in section 244 of such Act. (b) Subsection (a) shall be construed to apply for fiscal year 1998 and each fiscal year thereafter. SEC. 550. Section 550(b) of the Department of H omeland Secu- rity Appropriations Act, 2007 ( P ublic Law 109 – 295 6 U.S.C. 121 note) is amended by striking ‘‘three years after the date of enact- ment of this Act’’ and inserting ‘‘on O ctober 4, 2010’’. SEC. 551. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) are amended by striking ‘‘basic pilot program’’ each place that term appears and inserting ‘‘ E - V erify Program’’. (2) T he heading of section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by striking ‘‘Basic Pilot’’ and inserting ‘‘E-Verify’’. (b) Section 404(h)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1324a note) is amended by striking ‘‘under a pilot program’’ and inserting ‘‘under this subtitle’’. SEC. 552. (a) None of the funds made available in this or any other Act may be used to release an individual who is detained, as of June 24, 2009, at Naval Station, G uantanamo 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 M ariana 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, Amer- ican 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, e x cept as provided in subsection (c). Detain ee s.Cub a. Ap p l i c abilit y . 8US C 1254 b. 6 USC 416.