P.L. 111-83, The Department of Homeland Security Appropriations Act, 2010

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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 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.

<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 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.

<b>Title IV: Research and Development, Training, and Services</b> - 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.

<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 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 &quot;no match&quot; letter in order to qualify for &quot;safe harbor&quot; 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 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.<br>

(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.

Status of the Legislation

Latest Major Action: 10/7/2009: Conference committee actions. Status: Conferees agreed to file conference report.

Points in Favor

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Points Against

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