P.L. 111-83, The Department of Homeland Security Appropriations Act, 2010
- This item is from the 111th Congress (2009-2010) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
H.R. 2892 would make appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010.
== Detailed Summary ==
Department of Homeland Security Appropriations Act, 2010 - <b>Title I: Departmental Management and Operations - </b>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.
<b>Title II: Security, Enforcement, and Investigations</b> - 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.
<b>Title III: Protection, Preparedness, Response, and Recovery</b> - 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.
<b>Title IV: Research and Development, Training, and Services</b> - 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.
<b>Title V: General Provisions</b> - (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.
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== Status of the Legislation ==
Latest Major Action:
7/6/2009: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 95.
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== Points in Favor ==
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== Points Against ==
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