Summary
(This measure has not been amended since the Conference Report was filed in the House on October 15, 2009. The summary of that version is repeated here.)
Department of Homeland Security Appropriations Act, 2010 - Title I: Departmental Management and Operations - Makes appropriations for the Department of Homeland Security (DHS) for FY2010 for the Offices of the Secretary of Homeland Security, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, the Federal Coordinator for Gulf Coast Rebuilding, and the Inspector General and for intelligence analysis and operations coordination activities.
Title II: Security, Enforcement, and Investigations - Makes appropriations for FY2010 for: (1) United States Customs and Border Protection (CBP), including for automation modernization, border security fencing, infrastructure, and technology, air and marine interdiction, operations, maintenance, and procurement, and construction and facilities management; (2) United States Immigration and Customs Enforcement (ICE), including for automation modernization, for construction, and for identifying and removing aliens convicted of a crime who are judged deportable, with a priority on identifying and removing such aliens based on the severity of the crime committed; (3) the Transportation Security Administration (TSA), including for aviation security (including for explosives detection systems), surface transportation security, the Office of Transportation Threat Assessment and Credentialing, transportation security support, and Federal Air Marshals; (4) the Coast Guard, including for environmental compliance and restoration, reserve training, acquisition, construction, and improvements (including for the Integrated Deepwater Systems program), alteration of bridges, research, development, test, and evaluation, and retired pay; and (5) United States Secret Service, including for acquisition, construction, improvements, and related expenses.
Sets forth requirements with respect to the expenditure plan for the program to establish and maintain a security barrier along U.S. borders, including requiring: (1) a detailed accounting of the program's implementation to date for all investments related to the Secure Border Initiative or any successor program; (2) an explicit plan of action defining how all funds are to be obligated to meet future program commitments; and (3) an analysis by the Secretary of the selected approach for each segment of fencing or tactical infrastructure compared to other, alternative means of achieving operational control, including cost, level of control, and possible unintended effects on communities.
Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2010 for: (1) the Office of the Under Secretary for National Protection and Programs Directorate, including for infrastructure protection and information security programs and activities, the Federal Protective Service, and the United States Visitors and Immigrant Status Indicator Technology Project (US-VISIT); (2) the Office of Health Affairs; and (3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance, and emergency management performance, the Radiological Emergency Preparedness program, the United States Fire Administration, disaster relief and the disaster assistance direct loan program account, the Flood Map Modernization Fund, the National Flood Insurance Fund, the National Pre-Disaster Mitigation Fund, and emergency food and shelter.
Title IV: Research and Development, Training, and Services - Makes appropriations for FY2010 for: (1) United States Citizenship and Immigration Services (CIS), including for the processing of asylum or refugee status applications and military naturalization applications and for the E-Verify program to assist U.S. employers with maintaining a legal workforce; (2) the Federal Law Enforcement Training Center, including for acquisition, construction, improvements, and related expenses; (3) the Office of the Under Secretary for Science and Technology, including for research, development, acquisition, and operations (including for the National Bio- and Agro-defense Facility); and (4) the Domestic Nuclear Detection Office, including for research, development, testing, evaluation, and operations, and for systems acquisition.
Prohibits: (1) obligating funds for full-scale procurement of Advanced Spectroscopic Portal monitors until the Secretary submits to the Appropriations Committees a report certifying that a significant increase in operational effectiveness will be achieved; or (2) the use of immigrant integration grant funds to provide services to aliens who have not been lawfully admitted for permanent residence.
Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
(Sec. 512) Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.
(Sec. 513) Prohibits the use of funds appropriated by this Act to process or approve a competition under Office of Management and Budget (OMB) Circular A-76 for services provided as of June 1, 2004, by employees of CIS who are known as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
(Sec. 514) Requires TSA to report to the Appropriations Committees on air cargo inspection statistics by airport and air carrier and on how it plans to meet the deadline for screening all air cargo on passenger aircraft.
(Sec. 523) Prohibits the use of funds to enforce provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding the prohibition on air passengers carrying butane lighters unless the Assistant Secretary reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security.
(Sec. 526) Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit.
(Sec. 534) Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply.
(Sec. 537) Prohibits the use of funds made available in this Act for planning, testing, piloting, or developing a national identification card.
(Sec. 538) Requires the Assistant Secretary of Homeland Security to certify to Congress any determination that an airport does not need to participate in the E-Verify Program and that no security risks will result.
(Sec. 539) Requires the FEMA Administrator to submit to specified congressional committees, and publish on the FEMA website, a report regarding a decision to declare a major disaster, summarizing damage assessment information used to determine whether a major disaster exists, subject to redaction of information that would compromise national security.
(Sec. 540) Sets forth procedures to be followed if the Secretary determines that the National Bio- and Agro-defense Facility at Plum Island, New York, should be located elsewhere.
(Sec. 544) Directs the Secretary to consult with the Secretaries of Defense and Transportation and develop a concept of operations for unmanned aircraft systems in the U.S. national airspace system for purposes of border and maritime security operations.
(Sec. 549) Authorizes the collection of fees for fingerprinting, biometric, and other necessary services, in addition to collecting registration fees when administering the temporary protected status program under the Immigration and Nationality Act.
(Sec. 552) Prohibits the use of funds to: (1) release an individual who is detained, as of June 24, 2009, at Guantanamo Bay Naval Station, Cuba, into the United States (including its territories or possessions); (2) transfer any such individual to the United States for detention, except for prosecution pursuant to a presidential plan assessing the risks, mitigating actions, costs, legal rationale, and court demands associated with such transfer; (3) transfer or release any such individual to any other country unless the President submits to Congress information identifying the individual and country involved, disclosing any agreement with that country, and assessing the risks to U.S. national security or its citizens; or (4) provide any immigration benefit to any such individual. Requires the President, prior to the termination of detention operations at Guantanamo Bay, to submit to Congress a classified report describing the disposition or legal status of each individual detained at the facility.
(Sec. 553) Requires individuals detained at the Guantanamo Bay facility to be included on the No Fly List unless the President certifies that a detainee poses no threat to the United States, its citizens, or its allies.
(Sec. 559) Prohibits the use of funds made available by this Act: (1) to operate the Loran-C signal after January 4, 2010, only if the Commandant of the Coast Guard certifies that its termination will not adversely impact the safety of maritime navigation and if the Secretary certifies that the Loran-C system infrastructure is not needed as a backup to the Global Positioning System or any other federal navigation requirement; or (2) for construction of the National Bio- and Agro-Defense Facility on the U.S. mainland until DHS completes certain safety and security risk assessments.
(Sec. 561) American Communities' Right to Public Information Act - Provides that provisions regarding the preparation of maritime transportation security plans shall not be construed to authorize the designation of information as "sensitive security information" to: (1) conceal a violation of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
(Sec. 564) OPEN FOIA Act of 2009 - Amends the Freedom of Information Act (FOIA) to require statutory exemptions to its disclosure requirements to specifically cite its provision that authorizes such exemptions.
(Sec. 565) Protected National Security Documents Act of 2009 - Exempts from disclosure under FOIA any "protected document," defined as any record: (1) for which the Secretary of Defense has issued a certification stating that its disclosure would endanger U.S. citizens, members of the U.S. Armed Forces, or U.S. government employees deployed outside the United States; and (2) that is a photograph that was taken between September 11, 2001, and January 22, 2009, relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the U.S. Armed Forces in operations outside of the United States. Provides that such a certification shall expire three years after issuance or renewal.
(Sec. 566) Requires administrative law judge annuitants participating in the Senior Administrative Law Judge Program to be available on a temporary reemployment basis to conduct arbitrations of disputes as part of the arbitration panel established by the President under the American Recovery and Reinvestment Act of 2009 under the FEMA public assistance program to expedite the recovery efforts from Hurricanes Katrina and Rita within the Gulf Coast Region.
(Sec. 567) Requires any company that collects or retains personal information directly from individuals who participated in the Registered Traveler program to safeguard and dispose of such information in accordance with specified requirements.
(Sec. 568) Extends until September 20, 2012: (1) the Special Immigrant Nonminister Religious Worker Program; and (2) the Conrad State 30 J-1 Visa Waiver Program (under which foreign physicians practice in underserved areas). Allows the foreign-born widow, children, and parents of citizens who die to retain legal status to seek citizenship for two years after the death.
Permits asylees and specified other classifications of aliens residing in the United States at the time of the death of a qualifying relative who continue to reside in the United States to have their petitions or applications for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship adjudicated unless the Secretary determines that approval would not be in the public interest.
Makes specified rescissions.
Department of Homeland Security Appropriations Act, 2010 - Title I: Departmental Management and Operations - Makes appropriations for the Department of Homeland Security (DHS) for FY2010 for the Offices of the Secretary of Homeland Security, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, the Federal Coordinator for Gulf Coast Rebuilding, and the Inspector General and for intelligence analysis and operations coordination activities.
Title II: Security, Enforcement, and Investigations - Makes appropriations for FY2010 for: (1) United States Customs and Border Protection (CBP), including for automation modernization, border security fencing, infrastructure, and technology, air and marine interdiction, operations, maintenance, and procurement, and construction and facilities management; (2) United States Immigration and Customs Enforcement (ICE), including for automation modernization, for construction, and for identifying and removing aliens convicted of a crime who are judged deportable, with a priority on identifying and removing such aliens based on the severity of the crime committed; (3) the Transportation Security Administration (TSA), including for aviation security (including for explosives detection systems), surface transportation security, the Office of Transportation Threat Assessment and Credentialing, transportation security support, and Federal Air Marshals; (4) the Coast Guard, including for environmental compliance and restoration, reserve training, acquisition, construction, and improvements (including for the Integrated Deepwater Systems program), alteration of bridges, research, development, test, and evaluation, and retired pay; and (5) United States Secret Service, including for acquisition, construction, improvements, and related expenses.
Sets forth requirements with respect to the expenditure plan for the program to establish and maintain a security barrier along U.S. borders, including requiring: (1) a detailed accounting of the program's implementation to date for all investments related to the Secure Border Initiative or any successor program; (2) an explicit plan of action defining how all funds are to be obligated to meet future program commitments; and (3) an analysis by the Secretary of the selected approach for each segment of fencing or tactical infrastructure compared to other, alternative means of achieving operational control, including cost, level of control, and possible unintended effects on communities.
Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2010 for: (1) the Office of the Under Secretary for National Protection and Programs Directorate, including for infrastructure protection and information security programs and activities, the Federal Protective Service, and the United States Visitors and Immigrant Status Indicator Technology Project (US-VISIT); (2) the Office of Health Affairs; and (3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance, and emergency management performance, the Radiological Emergency Preparedness program, the United States Fire Administration, disaster relief and the disaster assistance direct loan program account, the Flood Map Modernization Fund, the National Flood Insurance Fund, the National Pre-Disaster Mitigation Fund, and emergency food and shelter.
Title IV: Research and Development, Training, and Services - Makes appropriations for FY2010 for: (1) United States Citizenship and Immigration Services (CIS), including for the processing of asylum or refugee status applications and military naturalization applications and for the E-Verify program to assist U.S. employers with maintaining a legal workforce; (2) the Federal Law Enforcement Training Center, including for acquisition, construction, improvements, and related expenses; (3) the Office of the Under Secretary for Science and Technology, including for research, development, acquisition, and operations (including for the National Bio- and Agro-defense Facility); and (4) the Domestic Nuclear Detection Office, including for research, development, testing, evaluation, and operations, and for systems acquisition.
Prohibits: (1) obligating funds for full-scale procurement of Advanced Spectroscopic Portal monitors until the Secretary submits to the Appropriations Committees a report certifying that a significant increase in operational effectiveness will be achieved; or (2) the use of immigrant integration grant funds to provide services to aliens who have not been lawfully admitted for permanent residence.
Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
(Sec. 512) Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.
(Sec. 513) Prohibits the use of funds appropriated by this Act to process or approve a competition under Office of Management and Budget (OMB) Circular A-76 for services provided as of June 1, 2004, by employees of CIS who are known as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
(Sec. 514) Requires TSA to report to the Appropriations Committees on air cargo inspection statistics by airport and air carrier and on how it plans to meet the deadline for screening all air cargo on passenger aircraft.
(Sec. 523) Prohibits the use of funds to enforce provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding the prohibition on air passengers carrying butane lighters unless the Assistant Secretary reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security.
(Sec. 526) Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit.
(Sec. 534) Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply.
(Sec. 537) Prohibits the use of funds made available in this Act for planning, testing, piloting, or developing a national identification card.
(Sec. 538) Requires the Assistant Secretary of Homeland Security to certify to Congress any determination that an airport does not need to participate in the E-Verify Program and that no security risks will result.
(Sec. 539) Requires the FEMA Administrator to submit to specified congressional committees, and publish on the FEMA website, a report regarding a decision to declare a major disaster, summarizing damage assessment information used to determine whether a major disaster exists, subject to redaction of information that would compromise national security.
(Sec. 540) Sets forth procedures to be followed if the Secretary determines that the National Bio- and Agro-defense Facility at Plum Island, New York, should be located elsewhere.
(Sec. 544) Directs the Secretary to consult with the Secretaries of Defense and Transportation and develop a concept of operations for unmanned aircraft systems in the U.S. national airspace system for purposes of border and maritime security operations.
(Sec. 549) Authorizes the collection of fees for fingerprinting, biometric, and other necessary services, in addition to collecting registration fees when administering the temporary protected status program under the Immigration and Nationality Act.
(Sec. 552) Prohibits the use of funds to: (1) release an individual who is detained, as of June 24, 2009, at Guantanamo Bay Naval Station, Cuba, into the United States (including its territories or possessions); (2) transfer any such individual to the United States for detention, except for prosecution pursuant to a presidential plan assessing the risks, mitigating actions, costs, legal rationale, and court demands associated with such transfer; (3) transfer or release any such individual to any other country unless the President submits to Congress information identifying the individual and country involved, disclosing any agreement with that country, and assessing the risks to U.S. national security or its citizens; or (4) provide any immigration benefit to any such individual. Requires the President, prior to the termination of detention operations at Guantanamo Bay, to submit to Congress a classified report describing the disposition or legal status of each individual detained at the facility.
(Sec. 553) Requires individuals detained at the Guantanamo Bay facility to be included on the No Fly List unless the President certifies that a detainee poses no threat to the United States, its citizens, or its allies.
(Sec. 559) Prohibits the use of funds made available by this Act: (1) to operate the Loran-C signal after January 4, 2010, only if the Commandant of the Coast Guard certifies that its termination will not adversely impact the safety of maritime navigation and if the Secretary certifies that the Loran-C system infrastructure is not needed as a backup to the Global Positioning System or any other federal navigation requirement; or (2) for construction of the National Bio- and Agro-Defense Facility on the U.S. mainland until DHS completes certain safety and security risk assessments.
(Sec. 561) American Communities' Right to Public Information Act - Provides that provisions regarding the preparation of maritime transportation security plans shall not be construed to authorize the designation of information as "sensitive security information" to: (1) conceal a violation of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
(Sec. 564) OPEN FOIA Act of 2009 - Amends the Freedom of Information Act (FOIA) to require statutory exemptions to its disclosure requirements to specifically cite its provision that authorizes such exemptions.
(Sec. 565) Protected National Security Documents Act of 2009 - Exempts from disclosure under FOIA any "protected document," defined as any record: (1) for which the Secretary of Defense has issued a certification stating that its disclosure would endanger U.S. citizens, members of the U.S. Armed Forces, or U.S. government employees deployed outside the United States; and (2) that is a photograph that was taken between September 11, 2001, and January 22, 2009, relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the U.S. Armed Forces in operations outside of the United States. Provides that such a certification shall expire three years after issuance or renewal.
(Sec. 566) Requires administrative law judge annuitants participating in the Senior Administrative Law Judge Program to be available on a temporary reemployment basis to conduct arbitrations of disputes as part of the arbitration panel established by the President under the American Recovery and Reinvestment Act of 2009 under the FEMA public assistance program to expedite the recovery efforts from Hurricanes Katrina and Rita within the Gulf Coast Region.
(Sec. 567) Requires any company that collects or retains personal information directly from individuals who participated in the Registered Traveler program to safeguard and dispose of such information in accordance with specified requirements.
(Sec. 568) Extends until September 20, 2012: (1) the Special Immigrant Nonminister Religious Worker Program; and (2) the Conrad State 30 J-1 Visa Waiver Program (under which foreign physicians practice in underserved areas). Allows the foreign-born widow, children, and parents of citizens who die to retain legal status to seek citizenship for two years after the death.
Permits asylees and specified other classifications of aliens residing in the United States at the time of the death of a qualifying relative who continue to reside in the United States to have their petitions or applications for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship adjudicated unless the Secretary determines that approval would not be in the public interest.
Makes specified rescissions.
Department of Homeland Security Appropriations Act, 2010 - Title I: Departmental Management and Operations - Makes appropriations for the Department of Homeland Security (DHS) for FY2010 for the Offices of the Secretary of Homeland Security, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, the Federal Coordinator for Gulf Coast Rebuilding, and the Inspector General.
Title II: Security, Enforcement, and Investigations - Makes appropriations for FY2010 for: (1) United States Customs and Border Protection (CBP), including for automation modernization, border security fencing, infrastructure, and technology, air and marine interdiction, operations, maintenance, and procurement, and construction and facilities management; (2) United States Immigration and Customs Enforcement (ICE), including for identifying and removing aliens convicted of a crime who are judged deportable and automation modernization; (3) the Transportation Security Administration (TSA), including for aviation security (including for explosives detection systems), surface transportation security, the Office of Transportation Threat Assessment and Credentialing, transportation security support, and Federal Air Marshals; (4) the Coast Guard, including for environmental compliance and restoration, reserve training, acquisition, construction, and improvements (including for the Integrated Deepwater Systems program), alteration of bridges, research, development, test, and evaluation, and retired pay; and (5) United States Secret Service, including for acquisition, construction, improvements, and related expenses.
Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2010 for: (1) the Office of the Under Secretary for National Protection and Programs Directorate, including for infrastructure protection and information security programs and activities (including for the National Infrastructure Simulation and Analysis Center), the United States Visitors and Immigrant Status Indicator Technology Project (US-VISIT), the Federal Protective Service; (2) the Office of Health Affairs; and (3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance, and emergency management performance, the United States Fire Administration, disaster relief and the disaster assistance direct loan program account, the Flood Map Modernization Fund, the National Flood Insurance Fund, the National Pre-Disaster Mitigation Fund, and emergency food and shelter.
Title IV: Research and Development, Training, and Services - Makes appropriations for FY2010 for: (1) United States Citizenship and Immigration Services (CIS), including for the processing of military naturalization applications and for the E-Verify program to assist U.S. employers with maintaining a legal workforce, as well as E-Verify process and system enhancements; (2) the Federal Law Enforcement Training Center, including for acquisition, construction, improvements, and related expenses; (3) the Office of the Under Secretary for Science and Technology, including for research, development, acquisition, and operations (including for the National Bio and Agro-defense Facility); and (4) the Domestic Nuclear Detection Office, including for research, development, testing, evaluation, and operations, and for systems acquisition.
Prohibits obligating funds for full-scale procurement of Advanced Spectroscopic Portal monitors until the Secretary submits to the Appropriations Committees a report certifying that a significant increase in operational effectiveness will be achieved.
Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
(Sec. 512) Prohibits the obligation of funds provided by this or previous appropriations Acts for deployment or implementation of the Secure Flight program or any successor passenger screening program that utilizes or tests algorithms assigning risk to passengers whose names are not on government watch lists, or that uses data or a database that is obtained from or remains under the control of a nonfederal entity, except with respect to Passenger Name Record data obtained from air carriers.
(Sec. 513) Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.
(Sec. 514) Prohibits the use of funds appropriated by this Act to process or approve a competition under Office of Management and Budget (OMB) Circular A-76 for services provided as of June 1, 2004, by employees of CIS who are known as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
(Sec. 515) Requires TSA to report to the Appropriations Committees on air cargo inspection statistics by airport and air carrier. Requires incremental quarterly increases in the screening of such cargo.
(Sec. 523) Prohibits the use of funds to enforce provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding the prohibition on air passengers carrying butane lighters unless the Assistant Secretary reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security.
(Sec. 526) Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit.
(Sec. 534) Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply.
(Sec. 537) Prohibits the use of funds made available in this Act for planning, testing, piloting, or developing a national identification card.
(Sec. 538) Requires the FEMA Administrator to submit to specified congressional committees, and publish on the FEMA website, a report regarding a decision to declare a major disaster, summarizing damage assessment information used to determine whether a major disaster exists, subject to redaction of information that would compromise national security.
(Sec. 539) Sets forth procedures to be followed if the Secretary determines that the National Bio- and Agro-defense Facility at Plum Island, New York, should be located elsewhere.
(Sec. 542) Directs the Secretary to consult with the Secretaries of Defense and Transportation and develop a concept of operations for unmanned aerial systems in the U.S. national airspace system for purposes of border and maritime security operations.
(Sec. 548) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make the E-Verify program permanent; (2) prohibit border fencing that does not effectively restrain pedestrian traffic (such as vehicle barriers and virtual fencing) from being used to meet the requirement to construct reinforced fencing along 700 miles of the southwest U.S. border; and (3) require the construction of all such fencing to be completed by December 31, 2010.
(Sec. 559) Prohibits the use of funds made available by this Act: (1) to operate the Loran-C signal after January 4, 2010, only if the Commandant of the Coast Guard certifies that its termination will not adversely impact the safety of maritime navigation and that the Loran-C system infrastructure is not needed as a backup to the Global Positioning System or any other federal navigation requirement; (2) to implement changes to the final rule describing the process for employers to follow after receiving a "no match" letter in order to qualify for "safe harbor" status (regarding actions employers would have to take after federal officials from DHS or the Social Security Administration [SSA] notify them that employees' names or social security numbers do not match records); or (3) for construction of the National Bio- and Agro-Defense Facility on the U.S. mainland until DHS completes certain safety assessments.
(Sec. 564) American Communities' Right to Public Information Act - Provides that provisions regarding the preparation of maritime transportation security plans shall not be construed to authorize the designation of information as sensitive security information to: (1) conceal a violation of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
(Sec. 567) Detainee Photographic Records Protection Act of 2009 - Requires the Secretary of Defense to: (1) certify any photograph taken between September 11, 2001, and January 22, 2009, that relates to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the U.S. Armed Forces in operations outside of the United States if the Secretary determines that disclosure of such photograph would endanger U.S. citizens or members of the Armed Forces or U.S. government employees deployed outside the United States; and (2) submit timely notice of such certification to Congress. Authorizes the Secretary to submit a renewal of a certification at any time. Provides that a certification or a renewal shall expire after three years. Exempts such a certified photograph from disclosure under the Freedom of Information Act (FOIA), but does not preclude voluntary disclosure.
OPEN FOIA Act of 2009 - Amends FOIA to require statutory exemptions to its disclosure requirements to specifically cite its provision that authorizes such exemptions.
(Sec. 568) Directs the Secretary of Homeland Security to submit to Congress a report on improving cross-border inspection processes in an effort to reduce the time to travel between locations in the United States and locations in Ontario and Quebec by intercity passenger rail.
(Sec. 569) Requires administrative law judge annuitants participating in the Senior Administrative Law Judge Program to be available on a temporary reemployment basis to conduct arbitrations of disputes as part of the arbitration panel established by the President under the American Recovery and Reinvestment Act of 2009 under the FEMA public assistance program to expedite the recovery efforts from Hurricanes Katrina and Rita within the Gulf Coast Region.
(Sec. 570) Requires any company that collects or retains personal information directly from individuals who participated in the Registered Traveler program to safeguard and dispose of such information in accordance with specified requirements.
(Sec. 571) Extends until September 20, 2012: (1) the Special Immigrant Nonminister Religious Worker Program; and (2) the Conrad State 30 J-1 Visa Waiver Program (under which foreign physicians practice in underserved areas). Allows the foreign-born widow, children, and parents of citizens who die to retain legal status to seek citizenship for two years after the death.
(Sec. 576) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require an employer that elects to verify the employment eligibility of existing employees to verify the employment eligibility of all such employees not later than 10 days after notifying the Secretary of such election.
Department of Homeland Security Appropriations Act, 2010 - Title I: Departmental Management and Operations - Makes appropriations for the Department of Homeland Security (DHS) for FY2010 for the Offices of the Secretary of Homeland Security, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, the Federal Coordinator for Gulf Coast Rebuilding, and the Inspector General.
Title II: Security, Enforcement, and Investigations - Makes appropriations for FY2010 for: (1) United States Customs and Border Protection (CBP), including for automation modernization, border security fencing, infrastructure, and technology, air and marine interdiction, operations, maintenance, and procurement, and facilities management; (2) United States Immigration and Customs Enforcement (ICE), including for reimbursement of other agencies for costs associated with the repatriation of smuggled aliens unlawfully present in the United States, detention and removal operations (including identifying and removing aliens convicted of a crime who are judged deportable), the Federal Protective Service, automation modernization, and construction; (3) the Transportation Security Administration (TSA), including for aviation security (including screening operations and explosives detection systems), surface transportation security, the Office of Transportation Threat Assessment and Credentialing, transportation security support, and Federal Air Marshals; (4) the Coast Guard, including for environmental compliance and restoration, reserve training, acquisition, construction, and improvements, alteration of bridges, research, development, test, and evaluation, and retired pay; and (5) the United States Secret Service, including for acquisition, construction, improvements, and related expenses.
Requires the Secretary of Homeland Security (the Secretary) to prioritize the identification and removal of aliens convicted of a crime by that crime's severity. Makes funds available to enforce laws against forced child labor.
Directs the Secretary, with respect to the Integrated Deepwater Systems program, to submit to the House and Senate Appropriations Committees, in conjunction with the President's FY2011 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 program assets to pre-Deepwater legacy assets, a status report of legacy assets, a detailed explanation of how the costs of legacy assets are being accounted for within the program, and the earned value management system gold card data for each program asset. Requires a comprehensive review of the Plan every five years, beginning in FY2011.
Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2010 for: (1) the Office of the Under Secretary for National Protection and Programs Directorate, including for infrastructure protection and information security programs and activities (including for a Cyber Security Test Bed and Evaluation Center in North Carolina) and the United States Visitors and Immigrant Status Indicator Technology Project (US-VISIT); (2) the Office of Health Affairs; and (3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance, and emergency management performance, the United States Fire Administration, disaster relief and the disaster assistance direct loan program account, the Flood Map Modernization Fund, the National Flood Insurance Fund, the National Pre-Disaster Mitigation Fund, and emergency food and shelter.
Requires the FEMA Administrator to report monthly beginning July 1, 2009, to the House Appropriations Committee regarding the number of individuals and households in need of federal disaster assistance as a result of severe storms, tornados, flooding, and mudslides but denied assistance due to failure to meet flood insurance requirements.
Title IV: Research and Development, Training, and Services - Makes appropriations for FY2010 for: (1) United States Citizenship and Immigration Services (CIS); (2) the Federal Law Enforcement Training Center, including for acquisition, construction, improvements, and related expenses; (3) the Office of the Under Secretary for Science and Technology, including for research, development, acquisition, and operations (including for a National Institute for Homeland Security in Kentucky); and (4) the Domestic Nuclear Detection Office, including for research, development, testing, evaluation, and operations.
Designates the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process. Requires the Director of the Federal Law Enforcement Training Center to schedule basic or advanced law enforcement training at all four training facilities under the Center's control to ensure that these centers are operated at the highest capacity throughout the fiscal year.
Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
(Sec. 512) Prohibits the use of funds appropriated by this Act to process or approve a competition under Office of Management and Budget (OMB) Circular A-76 for services provided as of June 1, 2004, by employees of CIS who are known as immigration information officers, contact representatives, or investigative assistants.
(Sec. 513) Directs the Secretary to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft by the earliest date possible. Requires existing checked baggage explosive detection equipment and screeners to be used to the greatest extent practicable at each airport until the new technologies are available. Requires TSA to report to the Appropriations Committees on air cargo inspection statistics by airport and air carrier. Requires incremental quarterly increases in the screening of such cargo.
(Sec. 520) Prohibits the use of funds to enforce provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding the prohibition on air passengers carrying butane lighters unless the Assistant Secretary (TSA) reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security.
(Sec. 524) Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit.
(Sec. 530) Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply.
(Sec. 533) Prohibits the use of funds made available in this Act for planning, testing, piloting, or developing a national identification card.
(Sec. 534) Requires the FEMA Administrator to submit to specified congressional committees, and publish on the FEMA website, a report regarding a decision to declare a major disaster, summarizing damage assessment information used to determine whether a major disaster exists, subject to redaction of information that would compromise national security.
(Sec. 551) Prohibits obligating funds for full-scale procurement of Advanced Spectroscopic Portal monitors until the Secretary submits to the Appropriations Committees a report certifying that a significant increase in operational effectiveness will be achieved.
(Sec. 552) Requires the Secretary of Homeland Security, as part of a plan regarding the proposed disposition of any individual detained, as of April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, to conduct a threat assessment for each such individual proposed to be transferred to the continental United States, Alaska, Hawaii, the District of Columbia, or the U.S. territories that is determined to pose a risk of instigating a terrorist act and of advocating or inciting violent extremism, ideologically motivated criminal activity, or terrorist acts among inmate populations at incarceration facilities. Requires the inclusion of Guantanamo detainees on the No Fly List unless the President certifies in writing to Congress that the detainee poses no threat to the United States, its citizens, or its allies. Prohibits using funds to provide any immigration benefit to any individual detained, as of April 20, 2009, at Naval Station, Guantanamo Bay, Cuba.
Department of Homeland Security Appropriations Act, 2010 - Makes appropriations for the Department of Homeland Security (DHS) for FY2010 for: (1) the Offices of the Secretary, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, the Federal Coordinator for Gulf Coast Rebuilding, and the Inspector General; (2) Customs and Border Protection (CBP), including for border protection fencing, infrastructure, and technology; (3) Immigration and Customs Enforcement (ICE), including for detention and removal operations (including to identify and remove aliens who have been convicted of a crime once they are judged deportable) and the Federal Protective Service; (4) the Transportation Security Administration (TSA), including for screening operations and for Federal Air Marshals; (5) the Coast Guard; (6) the Secret Service; (7) the Office of the Under Secretary for National Protection and Programs Directorate, including for the U.S. Visitor and Immigrant Status Indicator Technology (U.S.-VISIT) project and the Office of Health Affairs; (8) the Federal Emergency Management Agency (FEMA), including for the United States Fire Administration; (9) Citizenship and Immigration Services (CIS); (10) the Federal Law Enforcement Training Center; (11) the Office of the Under Secretary for Science and Technology; and (12) the Domestic Nuclear Detection Office.
Directs the Secretary of Homeland Security to research, develop, and procure new technologies to screen air cargo on passenger aircraft. Requires incremental quarterly increases in the screening of such cargo. Directs the Assistant Secretary of Homeland Security (TSA) to report to the House and Senate Appropriations Committees on how TSA plans to meet the requirement for screening all air cargo on passenger aircraft by the statutory deadline.
Prohibits the use of funds under this Act: (1) to prevent an individual not in the business of importing a prescription drug from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act for personal use; or (2) for planning, testing, piloting, or developing a national identification card.
Directs the FEMA Administrator to submit to Congress, and publish on the FEMA website, a report summarizing damage assessment information used to make a declaration that a major disaster exists, with a national security limitation.
Requires the Secretary of Homeland Security, as part of a plan regarding the proposed disposition of any individual detained, as of April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, to conduct a threat assessment for each such individual proposed to be transferred to the continental United States, Alaska, Hawaii, the District of Columbia, or the U.S. territories that is determined to pose a risk of instigating a terrorist act and of advocating or inciting violent extremism, ideologically motivated criminal activity, or terrorist acts among inmate populations at incarceration facilities.
![Rep. Price, David E. [D-NC-4]](https://bioguide.congress.gov/bioguide/photo/P/P000523.jpg)
