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H.R. 2892 (111th): Department of Homeland Security Appropriations Act, 2010

Introduced:
Jun 16, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. David Price [D-NC4]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 111-83.

H.R. stands for House of Representatives bill.

Status

This bill was enacted after being signed by the President on October 28, 2009.

Text

Read Bill Text »

Last updated Aug 24, 2010.
48 pages

 
Progress
Introduced Jun 16, 2009
Reported by Committee Jun 16, 2009
Passed House Jun 24, 2009
Passed Senate with Changes Jul 09, 2009
Conference Report Agreed to by Senate Oct 20, 2009
Signed by the President Oct 28, 2009
Full Title

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other purposes.

Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here.

 
Votes
Jun 24, 2009 8:58 p.m.
Agreed to 345/85
Jun 24, 2009 9:02 p.m.
Agreed to 375/55
Jun 24, 2009 9:06 p.m.
Agreed to 282/148
Jun 24, 2009 9:10 p.m.
Agreed to 423/6
Jun 24, 2009 9:14 p.m.
Agreed to 240/187
Jun 24, 2009 9:17 p.m.
Failed 134/294
Jun 24, 2009 9:21 p.m.
Failed 202/230
Jun 24, 2009 9:24 p.m.
Agreed to 349/84
Jun 24, 2009 9:28 p.m.
Failed 113/318
Jun 24, 2009 9:31 p.m.
Failed 110/322
Jun 24, 2009 9:35 p.m.
Failed 82/348
Jun 24, 2009 9:38 p.m.
Failed 114/317
Jun 24, 2009 9:41 p.m.
Failed 110/318
Jun 24, 2009 9:45 p.m.
Failed 112/320
Jun 24, 2009 10:15 p.m.
Passed 234/193
Jun 24, 2009 10:23 p.m.
Passed 389/37
Jul 07, 2009 4:46 p.m.
Amendment Rejected 47/51
Jul 08, 2009 11:03 a.m.
Motion Rejected 44/53
Jul 08, 2009 11:34 a.m.
Amendment Agreed to 54/44
Jul 08, 2009 2:19 p.m.
Amendment Rejected 38/60
Jul 08, 2009 4:48 p.m.
Amendment Rejected 37/61
Jul 09, 2009 11:30 a.m.
Amendment Rejected 36/59
Jul 09, 2009 2 p.m.
Amendment Rejected 35/61
Jul 09, 2009 8:23 p.m.
Amendment Agreed to 55/36
Jul 09, 2009 9:13 p.m.
Amendment Agreed to 67/24
Jul 09, 2009 9:13 p.m.
Amendment Rejected 31/60
Jul 09, 2009 9:31 p.m.
Amendment Rejected 32/58
Jul 09, 2009 9:51 p.m.
Bill Passed 84/6
Oct 01, 2009 11:40 a.m.
Passed 258/163
Oct 15, 2009 1:14 p.m.
Failed 193/224
On the Conference Report
Oct 15, 2009 1:21 p.m.
Passed 307/114
On the Conference Report
Oct 20, 2009 4:25 p.m.
Conference Report Agreed to 79/19

Cosponsors
none
Committees

House Appropriations

The committee chair determines whether a bill will move past the committee stage.

Summary

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/28/2009--Public Law. (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
Section 501 -
Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
Section 512 -
Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 537 -
Prohibits the use of funds made available in this Act for planning, testing, piloting, or developing a national identification card.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/111/1/hr2892.

Summary

 

Department of Homeland Security Funding in Millions

FY 2009

President's Request

H.R. 2892

FY 2009 vs. H.R. 2892

H.R. 2892 vs. Request

42,050

42,829

42,625

595

-204*

 

H.R. 2892 contains a total of $42.6 billion, which is $595 million, or 1.4 percent, above FY 2009. Agencies funded through the bill received approximately $3 billion in supplemental appropriations outside the normal FY 2009 appropriations process, the vast majority of which came from the "stimulus" bill.

H.R. 2892 would contribute to an overall total discretionary spending level of with a total spending level of $1,089.6 trillion, or 7.6 percent over FY 2009. From FY 2007 to FY 2009, overall total appropriations spending has increased 41 percent in just two years, and non-defense spending has increased 85 percent. The Committee report accompanying H.R. 2892 also includes 160 earmarks totaling more than $265 million.

H.R. 2892 would provide funding for a number of agencies, including the Secret Service, U.S. Customs and Border Protection (CBP), the Transportation Security Administration (TSA), Immigration and Customs Enforcement (ICE), the Coast Guard, and the Federal Emergency Management Agency (FEMA). The following is a summary of the spending highlights and other provisions in the bill.

*H.R. 2892 includes $241 million in overseas contingency operations funding which was not requested. The Majority includes the additional funding level in their comparisons to the President's request, allowing the Majority to present a smaller reduction from the request.

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary:  Provides $147 million for the Office of the Secretary of Homeland Security, which is $24 million above FY 2009.                                                        
 
Undersecretary for Management:  Provides $268 million for the Undersecretary for Management of the DHS, which is $76.8 million above FY 2009.  The undersecretary provides administrative support and human resources services for the DHS.

Chief Financial Officer:  Provides $63 million for the Chief Financial Officer of the DHS, which is $8.2 million above FY 2009.
                                                                                        
Chief Information Officer:  Provides $299 million for the Chief Information Officer of the DHS, which is $76.8 million above FY 2009, to oversee all DHS information technology.

Analysis and Operations:  Provides $345 million for DHS Analysis and Operations, which is $18 million above FY 2009.  This provides funding for the Office of Intelligence and Analysis and the Directorate of Operations Coordination, which collect and evaluate intelligence information.

TITLE II—SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection Expenses:  Provides a total of $9.9 billion for U.S. Customs and Border Protection (CBP) salaries and expenses, which is $146 million above FY 2009. CBP is responsible for preventing and deterring threats along U.S. borders or at ports.  The CBP’s main focus is stopping terrorists, weapons, drugs, or other contraband from entering the U.S.  Funding for salaries and expenses supports border security administration, inspections, cargo screening, detection technology, border security staff, and training.  CBP received $980 million in supplemental appropriations from the “stimulus” bill.

In addition to $7.6 billion for salaries and expense, the bill provides funding for other CBP programs as follows:

➢    $462 million for Automation Modernization to update information technologies,  $48 million below FY 2009.
➢    $732 million for Border Fencing, Infrastructure, and Technology,  $43 million below FY 2009.
➢    $513 million for Air and Marine Border Protection, $14 million below FY 2009.
➢    $682 million for CBP facilities management,  $279 million above FY 2009.

Immigration and Customs Enforcement:  Provides a total of $5.4 billion for Immigration and Customs Enforcement (ICE), which is $439 million above FY 2009, but $29.7 million below the President’s request.  ICE is the lead federal agency responsible for immigration and customs law and enforcement.  The bill provides $105 million for ICE information technology modernization and $11.8 million for construction.  The bill would allocate $1.5 billion for efforts to identify undocumented individuals with criminal records and deportation.  Funding in the bill also provides for investigations, legal proceedings, intelligence, visa security programs, and detention, custody and removal operations.  ICE received $20 million in supplemental appropriations from the “stimulus” bill.

Federal Protective Service:   Provides $1.1 billion for Federal Protective Services (FPS), which is an increase of $475 million over FY 2009.  FPS provides protection at federally owned or operated buildings and facilities.

Transportation Security Administration:  Provides $5.26 billion for Transportation Security Administration (TSA) Aviation Security, which is an increase of $511 million over FY 2009.  The funding provides for screening personnel, training and equipment.  TSA received $1 billion in supplemental appropriations for explosives detection systems and checkpoint screening equipment from the “stimulus” bill.

In addition to aviation security, the bill provides funding for other transportation security programs as follows:
➢    $103 million for Surface Transportation Security, $53.8 million above FY 2009.
➢    $171 million for Transportation Threat Assessment, $55 million above FY 2009.
➢    $992 million for Transportation Security Support, $45 million above FY 2009.
➢    $860 million for Federal Air Marshals, $40 million above FY 2009.

Coast Guard Expenses:  Provides $6.8 billion for the U.S. Coast Guard's salaries and expenses, which is $627 million above FY 2009.  Funding for salaries and expenses provides for Coast Guard administration, pay and allowance, health care, recruitment, maintenance, training, and ongoing operations.  The Coast Guard received $140 million in supplemental appropriations from the “stimulus” bill.

In addition to salaries and expenses, the bill provides funding for other Coast Guard programs as follows:

➢    $13 million for Coast Guard Environmental Compliance and Restoration, $198,000 above FY 2009.
➢    $133 million for Coast Guard Reserve Training, $3 million above FY 2009.
➢    $1.347 billion for Coast Guard Acquisition, Construction, and Improvements, $147 million less than FY 2009.
➢    $10 million for the alteration of bridges, $6 million less than FY 2009.  However, the Coast Guard received $142 million, or 1,420 percent, more than FY 2010, for bridge alterations in the “stimulus” bill.
➢    $19.7 million for Coast Guard research, development, tests, and evaluations, $1.7 million above FY 2009.
➢    $261 million for the Coast Guard Retiree Health Care Fund, $3.6 million above FY 2009.
➢    $1.36 billion for the Coast Guard Retired Pay, $48 million above FY 2009.

Secret Service:  Provides $1.4 billion for salaries and expenses, which is $48 million above FY 2009.  In addition, the bill provides $3.97 million for acquisition and construction, which is $250,000 less than FY 2009.

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Infrastructure Protection and Information Security:  Provides $883 million for Infrastructure Protection and Information Security (IPIS), which is an increase of $76 million increase over FY 2009.  The IPIS works within the DHS to reduce infrastructure vulnerability and oversees the National Cyber Security Division.

US Visitor and Immigrant Status Indicator Technology:   Provides $351 million for the U.S. Visitor and Immigrant Status Indicator Technology program, U.S.-VISIT, which is an increase of $51 million over FY 2009.  The program attempts to encourage and facilitate travel and trade.

Federal Emergency Management Agency Administration:  Provides $844 million for the Federal Emergency Management Agency (FEMA) management and administration, which is $7 million above FY 2009.  $35 million would be obligated to resolve employee pay shortfalls, which have occurred as a result of “lax hiring and budgeting guidelines at FEMA,” according to the Committee on Appropriations.  FEMA received $615 million in supplemental appropriations from the “stimulus” bill.

State and Local Programs:  Provides $2.89 billion for State and Local Assistance and Grant Programs, which his $276 million below FY 2009.  Local grants and aid made available with this funding includes the State Homeland Security Grant Program, the Citizen Corps program, Real ID grants, Port Security Grants, Bus Security Assistance, and the natural disaster exercise program.  These programs received $300 million in supplemental appropriations from the “stimulus” bill.

Firefighter Assistance Grants:  Provides $800 million for Firefighter Assistance Grants that are provided to local fire departments, which is $25 million over FY 2009.  The program received $210 million in supplemental appropriations from the “stimulus” bill.

Emergency Management Performance Grants:  Provides $330 million for the Emergency Management Performance Grant (EMPG) program, which is $15 million above FY 2009.  The program provides State and local grants for disaster mitigation and preparedness programs.  The program is the only FEMA grant program that requires matching funds from State and local governments.

Disaster Relief fund:  Provides $2 billion for FEMA disaster relief funding, which is an increase of $600 million over FY 2009.   The fund received $13.1 billion in FY 2008, and received $1.4 billion thus far in FY 2009, mostly through emergency appropriations to respond to natural disasters.

Flood Maps and Fund:  Provides $220 million, the same amount as FY 2009, to modernize and digitize over 100,000 of the nation's flood maps, which are used to calculate risk-based premiums for the National Flood Insurance Program.  The bill also appropriates $159 million for the National Flood Insurance Fund, which is $2.8 million over FY 2009.

Emergency Food and Shelter:  Provides $200 million, the same amount as FY 2009, for FEMA’s Emergency Food and Shelter National Board Program, which received $100 million in supplemental appropriations from the “stimulus” bill.

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

U.S. Citizenship and Immigration Services:  Provides $248 million for U.S. Citizenship and Immigration Services, which is $146 million above FY 2009. 

Federal Law Enforcement Training Center:  Provides $239 million for the Federal Law Enforcement Training Center, which is $7 million less than FY 2009.  The bill also provides an additional $43 million for Federal Law Enforcement Training Center construction, which is $43 million less than FY 2009.

DHS Science and Development:  Provides $825 million for DHS research, development, and acquisitions, which is $25 million above FY 2009.  In addition, the bill appropriates $142 million for DHS science and technology spending, which is $10 million above FY 2009.

Nuclear Detection:  Provides $39 million for the Domestic Nuclear Detection Office, which is $2 million above FY 2009, and $326 million for Nuclear Detection research and development, which is $3 million above FY 2009.

TOTAL FUNDING LEVELS IN THOUSANDS

Cost

According to the CBO, H.R. 2892 would appropriate $42.65 billion in funds for FY 2010.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of general and permanent laws enacted by Congress. Laws that are not permanent in nature, law that affect a single individual, family, or small group, regulations, case law, state law, and local law do not appear in the United States Code.

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 96 Stat. 1920
  • 114 Stat. 583
  • 115 Stat. 597
  • 120 Stat. 1384
  • 120 Stat. 1394
  • 121 Stat. 2072
  • 122 Stat. 3677
  • 123 Stat. 164

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