[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6947 Reported in House (RH)]






                                                 Union Calendar No. 558
110th CONGRESS
  2d Session
                                H. R. 6947

                          [Report No. 110-862]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2009, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2008

  Mr. Price of North Carolina, from the Committee on Appropriations, 
 reported the following bill; which was committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2009, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2009, and for other purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $117,413,000: Provided, That 
not to exceed $60,000 shall be for official reception and 
representation expenses.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $189,695,000, of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount, $6,000,000 shall remain 
available until expended solely for the alteration and improvement of 
facilities, tenant improvements, and relocation costs to consolidate 
Department headquarters operations at the Nebraska Avenue Complex.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $55,235,000, of which $12,000,000 shall remain 
available until expended for financial systems improvements.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$247,369,000; of which $86,928,000 shall be available for salaries and 
expenses; and of which $160,441,000, to remain available until 
expended, shall be available for development and acquisition of 
information technology equipment, software, services, and related 
activities for the Department of Homeland Security: Provided, That none 
of the funds appropriated shall be used to support or supplement the 
appropriations provided for the United States Visitor and Immigrant 
Status Indicator Technology project or the Automated Commercial 
Environment: Provided further, That the Chief Information Officer shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, not later than 60 days after the date of the 
enactment of this Act, an expenditure plan for all information 
technology acquisition projects that are funded under this heading or 
are funded by multiple components of the Department of Homeland 
Security through reimbursable agreements: Provided further, That such 
expenditure plan shall include each specific project funded, key 
milestones, all funding sources for each project, details of annual and 
lifecycle costs, and projected cost savings or cost avoidance to be 
achieved by the project: Provided further, That none of the funds 
provided in this or any previous Act for data center development shall 
be used in any manner other than the most managerially effective and 
economically sound, as determined by the Chief Information Officer.

                        Analysis and Operations

    For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $324,423,000, of which not 
to exceed $5,000 shall be for official reception and representation 
expenses, and of which $217,523,000 shall remain available until 
September 30, 2010: Provided, That none of the funds provided under 
this heading shall be available to commence operations of the National 
Applications Office law enforcement domain or the National Immigration 
Information Sharing Operation until the Secretary certifies in fiscal 
year 2009 that these programs comply with all existing laws, including 
all applicable privacy and civil liberties standards, and that 
certification is reviewed by the Government Accountability Office: 
Provided further, That none of the funds provided under this heading 
shall be available to commence operations of the National Applications 
Office civil applications domain or homeland security domain until the 
Secretary certifies that these programs comply with all existing laws, 
including all applicable privacy and civil liberties standards, and 
that certification is reviewed by the Government Accountability Office.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

    For necessary expenses of the Office of the Federal Coordinator for 
Gulf Coast Rebuilding, $341,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $101,013,000, of which not to exceed $150,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; purchase and 
lease of up to 6,300 (3,300 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$7,534,346,000, of which $3,154,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for 
official reception and representation expenses; of which not less than 
$254,279,000 shall be for Air and Marine Operations; of which such sums 
as become available in the Customs User Fee Account, except sums 
subject to section 13031(f)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from 
that account; of which not to exceed $150,000 shall be available for 
payment for rental space in connection with preclearance operations; 
and of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security: Provided, That for 
fiscal year 2009, the overtime limitation prescribed in section 5(c)(1) 
of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; 
and notwithstanding any other provision of law, none of the funds 
appropriated by this Act may be available to compensate any employee of 
U.S. Customs and Border Protection for overtime, from whatever source, 
in an amount that exceeds such limitation, except in individual cases 
determined by the Secretary of Homeland Security, or the designee of 
the Secretary, to be necessary for national security purposes, to 
prevent excessive costs, or in cases of immigration emergencies: 
Provided further, That no funding available under this heading may be 
obligated for the operation of the Analytical Framework for 
Intelligence Officers until the Commissioner of U.S. Customs and Border 
Protection certifies that this Framework complies with all applicable 
laws, including section 552a of title 5, United States Code, and other 
laws protecting privacy, and such certification is reviewed by the 
Inspector General of the Department of Homeland Security.

                        automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $511,334,000, to remain available until expended, of which not 
less than $316,851,000 shall be for the development of the Automated 
Commercial Environment: Provided, That of the total amount made 
available under this heading, $216,851,000 may not be obligated for the 
Automated Commercial Environment program until 30 days after the 
Committees on Appropriations of the Senate and the House of 
Representatives receive a report on the results to date and plans for 
the program from the Department of Homeland Security.

        border security fencing, infrastructure, and technology

    For expenses for customs and border protection fencing, 
infrastructure, and technology, $775,000,000, to remain available until 
expended: Provided, That of the amount provided under this heading, 
$400,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive 
and approve a plan for expenditure, prepared by the Secretary of 
Homeland Security and submitted not later than 90 days after the date 
of the enactment of this Act, for a program to establish a security 
barrier along the borders of the United States of fencing and vehicle 
barriers, where practicable, and other forms of tactical infrastructure 
and technology, that includes the following--
            (1) a detailed accounting of the program's implementation 
        to date for all investments, including technology and tactical 
        infrastructure, for funding already expended relative to system 
        capabilities or services, system performance levels, mission 
        benefits and outcomes, milestones, cost targets, program 
        management capabilities, identification of the maximum 
        investment, including lifecycle costs, related to the Secure 
        Border Initiative program or any successor program, and 
        description of the methodology used to obtain these cost 
        figures;
            (2) a description of how specific projects will further the 
        objectives of the Secure Border Initiative, as defined in the 
        Department of Homeland Security Secure Border Plan, and how the 
        expenditure plan allocates funding to the highest priority 
        border security needs;
            (3) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (4) an identification of staffing, including full-time 
        equivalents, contractors, and detailees, by program office;
            (5) a description of how the plan addresses security needs 
        at the Northern border and ports of entry, including 
        infrastructure, technology, design and operations requirements, 
        specific locations where funding would be used, and priorities 
        for Northern border activities;
            (6) a report on budget, obligations and expenditures, the 
        activities completed, and the progress made by the program in 
        terms of obtaining operational control of the entire border of 
        the United States;
            (7) a listing of all open Government Accountability Office 
        and the Office of Inspector General recommendations related to 
        the program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones to 
        fully address such recommendations;
            (8) a certification by the Chief Procurement Officer of the 
        Department that the program: (a) has been reviewed and approved 
        in accordance with the investment management process of the 
        Department, and that the process fulfills all capital planning 
        and investment control requirements and reviews established by 
        the Office of Management and Budget, including as provided in 
        Circular A-11, part 7; (b) that the plans for the program 
        comply with the Federal acquisition rules, requirements, 
        guidelines, and practices, and a description of the actions 
        being taken to address areas of non-compliance, the risks 
        associated with such actions, together with any plans for 
        addressing these risks, and the status of the implementation of 
        such actions; (c) that procedures to prevent conflicts of 
        interest between the prime integrator and major subcontractors 
        are established and that the Secure Border Initiative Program 
        Office has adequate staff and resources to effectively manage 
        the Secure Border Initiative program, all contracts, including 
        the exercise of technical oversight; and (d) the certifications 
        required under this paragraph should be accompanied by all 
        documents or memoranda, as well as documentation and a 
        description of the investment review processes used to obtain 
        such certifications;
            (9) a certification by the Chief Information Officer of the 
        Department that: (a) the system architecture of the program is 
        sufficiently aligned with the information systems enterprise 
        architecture of the Department to minimize future rework, 
        including a description of all aspects of the architectures 
        that were or were not assessed in making the alignment 
        determination, the date of the alignment determination, and any 
        known areas of misalignment together with the associated risks 
        and corrective actions to address any such areas; (b) the 
        program has a risk management process that regularly and 
        proactively identifies, evaluates, mitigates, and monitors 
        risks throughout the system life cycle and communicates high-
        risk conditions to U.S. Customs and Border Protection and 
        Department investment decision-makers, as well as a listing of 
        all the program's high risks and the status of efforts to 
        address such risks; (c) an independent verification and 
        validation agent is currently under contract for the projects 
        funded under this heading; (d) and the certification required 
        under this paragraph should be accompanied by all documents or 
        memoranda, as well as documentation and a description of the 
        investment review processes used to obtain such certification;
            (10) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the Secure 
        Border Initiative program are being addressed so as to ensure 
        adequate staff and resources to effectively manage the Secure 
        Border Initiative, together with a description of SBI staffing 
        priorities;
            (11) an analysis by the Secretary for each segment, defined 
        as not more than 15 miles, of fencing or tactical 
        infrastructure, of the selected approach compared to other, 
        alternative means of achieving operational control, and such 
        analysis should include cost, level of operational control, 
        possible unintended effects on communities, and other factors 
        critical to the decision making process; and
            (12) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on 
program progress, and obligations and expenditures for all outstanding 
task orders as well as specific objectives to be achieved through the 
award of current and remaining task orders planned for the balance of 
available appropriations at least 15 days before the award of any task 
order requiring an obligation of funds in an amount greater than 
$25,000,000 and before the award of a task order that would cause 
cumulative obligations of funds to exceed 50 percent of the total 
amount appropriated: Provided further, That none of the funds provided 
under this heading may be obligated unless the Department has complied 
with section 102(b)(1)(C)(i) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), and the 
Secretary of Homeland Security certifies such to the Committees on 
Appropriations of the Senate and the House of Representatives: Provided 
further, That none of the funds under this heading may be obligated for 
any project or activity for which the Secretary has exercised waiver 
authority pursuant to section 102(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) until 15 
days have elapsed from the date of the publication of the decision in 
the Federal Register.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, and rental payments 
for facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include the following: the 
interdiction of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or administration 
of laws enforced by the Department of Homeland Security; and at the 
discretion of the Secretary of Homeland Security, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $510,000,000, to remain 
available until expended: Provided, That no aircraft or other related 
equipment, with the exception of aircraft that are one-of-a-kind and 
have been identified as excess to U.S. Customs and Border Protection 
requirements and aircraft that have been damaged beyond repair, shall 
be transferred to any other Federal agency, department, or office 
outside of the Department of Homeland Security during fiscal year 2009 
without the prior approval of the Committees on Appropriations of the 
Senate and the House of Representatives.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$363,501,000, to remain available until expended.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 3,790 (2,350 for replacement only) police-type vehicles; 
$4,746,171,000, of which not to exceed $7,500,000 shall be available 
until expended for conducting special operations under section 3131 of 
the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to 
exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security; of which not less 
than $305,000 shall be for promotion of public awareness of the child 
pornography tipline and anti-child exploitation activities as requested 
by the President; and of which not to exceed $11,216,000 shall be 
available to fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation of smuggled 
aliens unlawfully present in the United States: Provided, That of the 
total amount available, not less than $800,000,000 shall be available 
to identify aliens convicted of a crime and to remove them from the 
United States once they are judged deportable: Provided further, That 
the Secretary of Homeland Security or a designee of the Secretary shall 
report to the Committees on Appropriations of the Senate and the House 
of Representatives, at least quarterly, on progress implementing the 
preceding proviso, and the funds obligated during that quarter to make 
that progress: Provided further, That the Secretary of Homeland 
Security shall prioritize the identification and removal of aliens 
convicted of a crime by the severity of that crime: Provided further, 
That none of the funds made available under this heading shall be 
available to compensate any employee for overtime in an annual amount 
in excess of $35,000, except that the Secretary of Homeland Security, 
or the designee of the Secretary, may waive that amount as necessary 
for national security purposes and in cases of immigration emergencies: 
Provided further, That of the total amount provided, $15,770,000 shall 
be for activities in fiscal year 2009 to enforce laws against forced 
child labor, of which not to exceed $6,000,000 shall remain available 
until expended: Provided further, That none of the funds provided under 
this heading may be used to: (1) continue a delegation of law 
enforcement authority authorized under section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of 
Homeland Security Inspector General determines that the terms of the 
agreement governing the delegation of authority have been violated; or 
(2) enter into any agreement delegating law enforcement authority to 
any State or political subdivision of a State as authorized under such 
section 287(g), other than at a jail, prison, or correctional 
institution, unless the Assistant Secretary of U.S. Immigration and 
Customs Enforcement reviews all requests from such State, including any 
political subdivision within the State, for such delegated authority to 
ensure that the Assistant Secretary gives priority to entering into 
agreements that will maximize the identification of aliens who are 
unlawfully present in the United States and have been convicted of 
dangerous crimes: Provided further, That none of the funds provided 
under this heading may be used to continue any contract for the 
provision of detention services if the contracted facility receives two 
overall consecutive performance evaluations of less than ``adequate'' 
or the equivalent median score in any subsequent performance evaluation 
system: Provided further, That the Secretary of Homeland Security shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, not later than January 5, 2009, a plan for 
nationwide implementation of the Alternatives to Detention program that 
identifies: (1) the funds required for nationwide program 
implementation; (2) the timeframe for achieving nationwide program 
implementation; and (3) an estimate of the number of individuals who 
could be enrolled in a nationwide program: Provided further, That 
nothing under this heading shall prevent U.S. Immigation and Customs 
Enforcement from exercising those authorities provided under 
immigration laws (as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17))) during priority operations 
pertaining to aliens convicted of a crime.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings and 
for the operations of the Federal Protective Service: Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall adjust security fees as necessary to ensure 
fee collections are sufficient to ensure the Federal Protective Service 
maintains not fewer than 1,200 full-time equivalent staff and 900 full-
time equivalent Police Officers, Inspectors, Area Commanders, and 
Special Agents who, while working, are directly engaged on a daily 
basis protecting and enforcing laws at Federal buildings (referred to 
as ``in-service field staff'').

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $57,000,000, to remain available until expended.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$10,000,000, to remain available until expended: Provided, That none of 
the funds made available under this heading may be used to solicit or 
consider any request to privatize facilities currently owned by the 
United States Government and used to detain aliens unlawfully present 
in the United States until the Committees on Appropriations of the 
Senate and the House of Representatives receive a plan for carrying out 
that privatization.

                 Transportation Security Administration

                           aviation security

                     (including transfer of funds)

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,743,018,000, to remain 
available until September 30, 2010, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not to 
exceed $3,940,710,000 shall be for screening operations, of which 
$294,000,000 shall be available only for procurement and installation 
of checked baggage explosive detection systems; and not to exceed 
$792,308,000 shall be for aviation security direction and enforcement: 
Provided further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections and shall be available only for 
aviation security: Provided further, That any funds collected and made 
available from aviation security fees pursuant to section 44940(i) of 
title 49, United States Code, may, notwithstanding paragraph (4) of 
such section 44940(i), be expended for the purpose of improving 
screening at airport screening checkpoints, which may include the 
purchase and utilization of emerging technology equipment; the 
refurbishment and replacement of current equipment; the installation of 
surveillance systems to monitor checkpoint activities; the modification 
of checkpoint infrastructure to support checkpoint reconfigurations; 
and the creation of additional checkpoints to screen aviation 
passengers and airport personnel: Provided further, That of the amounts 
provided under this heading, $10,000,000 may be transferred to the 
``Surface Transportation Security'', ``Transportation Threat Assessment 
and Credentialing'', and ``Transportation Security Support'' 
appropriations in this Act for the purpose of implementing regulations 
and activities authorized in the Implementing Recommendations of the 9/
11 Commission Act of 2007 (Public Law 110-53): Provided further, That 
the sum appropriated under this heading from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting collections are 
received during fiscal year 2009, so as to result in a final fiscal 
year appropriation from the general fund estimated at not more than 
$2,423,018,000: Provided further, That any security service fees 
collected in excess of the amount made available under this heading 
shall become available during fiscal year 2010.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation security 
activities, $49,606,000, to remain available until September 30, 2010.

           transportation threat assessment and credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $108,807,000, to remain available until September 
30, 2010: Provided, That if the Assistant Secretary of Homeland 
Security (Transportation Security Administration) determines that the 
Secure Flight program does not need to check airline passenger names 
against the full terrorist watch list, the Assistant Secretary shall 
certify to the Committees on Appropriations of the Senate and the House 
of Representatives that no significant security risks are raised by 
screening airline passenger names only against a subset of the full 
terrorist watch list.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $950,235,000, 
to remain available until September 30, 2010: Provided, That of the 
funds appropriated under this heading, $10,000,000 may not be obligated 
until the Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives detailed 
expenditure plans for checkpoint support and explosive detection 
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2009: Provided further, That these plans 
shall be submitted no later than 60 days after the date of enactment of 
this Act.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $821,861,000.

                              Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; minor shore construction projects not exceeding $1,000,000 in 
total cost at any location; purchase of small boats with service lives 
of five years or less; payments pursuant to section 156 of Public Law 
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 
$6,201,830,000, of which $340,000,000 shall be for defense-related 
activities; of which $24,500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not 
to exceed $20,000 shall be for official reception and representation 
expenses: Provided, That none of the funds made available by this or 
any other Act shall be available for administrative expenses in 
connection with shipping commissioners in the United States: Provided 
further, That none of the funds made available by this Act shall be for 
expenses incurred for recreational vessels under section 12114 of title 
46, United States Code, except to the extent fees are collected from 
yacht owners and credited to this appropriation: Provided further, That 
no funds may be obligated for operation of the Maritime Awareness 
Global Network until the Commandant of the Coast Guard certifies that 
Network complies with all applicable laws, including section 552a of 
title 5, United States Code, and other laws protecting privacy, and 
such certification is reviewed by the Inspector General of the 
Department of Homeland Security: Provided further, That the Commandant 
shall submit a financial management improvement plan that has been 
reviewed by the Inspector General of the Department of Homeland 
Security containing yearly, measurable milestones, to the Committees on 
Appropriations of the Senate and the House of Representatives by 
December 1, 2008: Provided further, That Coast Guard shall comply with 
the requirements of section 527 of Public Law 108-136 with respect to 
the Coast Guard Academy.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the Coast Guard under chapter 19 of title 
14, United States Code, $13,000,000, to remain available until 
expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $130,501,000.

              acquisition, construction, and improvements

                         (including rescission)

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,359,068,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $69,000,000 shall be available until 
September 30, 2013, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $95,174,000 shall be 
available until September 30, 2011, for other equipment; of which 
$68,000,000 shall be available until September 30, 2011, for shore 
facilities and aids to navigation facilities; of which $95,572,000 
shall be available for personnel compensation and benefits and related 
costs; of which $97,578,000 shall be available until expended for a new 
Coast Guard headquarters; and of which $933,744,000 shall be available 
until September 30, 2013, for the Integrated Deepwater Systems program: 
Provided, That of the funds made available for the Integrated Deepwater 
Systems program, $228,300,000 is for aircraft and $487,003,000 is for 
surface ships: Provided further, That $500,000,000 of the funds 
provided for the Integrated Deepwater Systems program may not be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive directly from the Coast Guard and 
approve a plan for expenditure that--
            (1) defines activities, milestones, yearly costs, and 
        lifecycle costs for each new procurement of a major asset, 
        including an independent cost estimate for each;
            (2) identifies lifecycle staffing and training needs of 
        Coast Guard project managers and procurement and contract 
        staff;
            (3) identifies competition to be conducted in, and 
        summarizes the approved acquisition strategy for, each 
        procurement;
            (4) includes a certification by the Chief Human Capital 
        Officer of the Department of Homeland Security that current 
        human capital capabilities are sufficient to execute the plan;
            (5) includes an explanation of each procurement that 
        involves an indefinite delivery/indefinite quantity contract 
        and explains the need for such contract;
            (6) identifies individual project balances by fiscal year, 
        including planned carryover into fiscal year 2009 by project;
            (7) identifies operational gaps by asset and explains how 
        funds provided in this Act address the shortfalls between 
        current operational capabilities and requirements;
            (8) includes a listing of all open Government 
        Accountability Office and Office of Inspector General 
        recommendations related to the program and the status of Coast 
        Guard actions to address the recommendations, including 
        milestones for fully addressing them;
            (9) includes a certification by the Chief Procurement 
        Officer of such Department that the program has been reviewed 
        and approved in accordance with the investment management 
        process of the Department, and that the process fulfills all 
        capital planning and investment control requirements and 
        reviews established by the Office of Management and Budget, 
        including Circular A-11, part 7;
            (10) identifies use of the Defense Contract Audit Agency;
            (11) identifies the use of independent validation and 
        verification; and
            (12) is reviewed by the Government Accountability Office:
Provided further, That no funding may be obligated for low rate initial 
production or initial production of any Integrated Deepwater Systems 
program asset until Coast Guard revises its Major Systems Acquisition 
Manual procedures to require a formal design review prior to the 
authorization of low rate initial production or initial production; 
Provided further, That the Secretary of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives, in conjunction with the President's fiscal year 2010 
budget, a review of the Revised Deepwater Implementation Plan that 
identifies any changes to the plan for the fiscal year; an annual 
performance comparison of Integrated Deepwater Systems 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 Integrated Deepwater Systems program; and the 
earned value management system gold card data for each Integrated 
Deepwater Systems program asset: Provided further, That the Secretary 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a comprehensive review of the Revised 
Deepwater Implementation Plan every five years, beginning in fiscal 
year 2011, that includes a complete projection of the acquisition costs 
and schedule for the duration of the plan through fiscal year 2027: 
Provided further, That the Secretary shall annually submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is submitted 
under section 1105(a) of title 31, United States Code, a future-years 
capital investment plan for the Coast Guard that identifies for each 
capital budget line item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until project completion, whichever 
        is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committees on 
        Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and proposed 
appropriations shall be identified and justified: Provided further, 
That of amounts unexpended under this heading in Public Law 108-334 for 
VTOL unmanned aerial vehicles (VUAV), $20,000,000 is rescinded: 
Provided further, That subsections (a), and (b) of section 6402 of the 
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (Public Law 110-28) shall apply 
to fiscal year 2009.

                         alteration of bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $12,000,000, to remain available until expended.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$16,000,000, to remain available until expended, of which $500,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,236,745,000, to remain available until expended.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 675 vehicles for police-type use, 
of which 645 shall be for replacement only, and hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; hire of 
aircraft; services of expert witnesses at such rates as may be 
determined by the Director of the Secret Service; rental of buildings 
in the District of Columbia, and fencing, lighting, guard booths, and 
other facilities on private or other property not in Government 
ownership or control, as may be necessary to perform protective 
functions; payment of per diem or subsistence allowances to employees 
where a protective assignment during the actual day or days of the 
visit of a protectee requires an employee to work 16 hours per day or 
to remain overnight at a post of duty; conduct of and participation in 
firearms matches; presentation of awards; travel of United States 
Secret Service employees on protective missions without regard to the 
limitations on such expenditures in this or any other Act if approval 
is obtained in advance from the Committees on Appropriations of the 
Senate and the House of Representatives; research and development; 
grants to conduct behavioral research in support of protective research 
and operations; and payment in advance for commercial accommodations as 
may be necessary to perform protective functions; $1,366,620,000; of 
which not to exceed $25,000 shall be for official reception and 
representation expenses; of which not to exceed $100,000 shall be to 
provide technical assistance and equipment to foreign law enforcement 
organizations in counterfeit investigations; of which $2,366,000 shall 
be for forensic and related support of investigations of missing and 
exploited children; and of which $6,000,000 shall be available until 
expended for a grant for activities related to the investigations of 
missing and exploited children: Provided, That up to $18,000,000 shall 
be available until September 30, 2010, for protective travel: Provided 
further, That up to $1,000,000 shall be available until expended for 
National Special Security Events: Provided further, That the United 
States Secret Service is authorized to obligate funds in anticipation 
of reimbursements from Executive agencies, as defined in section 105 of 
title 5, United States Code, receiving training sponsored by the James 
J. Rowley Training Center, except that total obligations at the end of 
the fiscal year shall not exceed total budgetary resources available 
under this heading at the end of the fiscal year: Provided further, 
That none of the funds made available under this heading shall be 
available to compensate any employee for overtime in an annual amount 
in excess of $35,000, except that the Secretary of Homeland Security, 
or the designee of the Secretary, may waive that amount as necessary 
for national security purposes: Provided further, That none of the 
funds available under this heading shall be available for the 
protection of the head of a Federal agency other than the Secretary of 
Homeland Security unless the Director of the United States Secret 
Service enters into an agreement to perform such protection on a fully 
reimbursable basis.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $4,225,000, to remain 
available until expended.

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Management 
and Analysis, $50,100,000: Provided, That not to exceed $5,000 shall be 
for official reception and representation expenses.

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$846,756,000, of which $760,707,000 shall remain available until 
September 30, 2010: Provided, That none of the funds made available 
under this heading for development of the information technology system 
known as the ``REAL ID hub'' shall be available to create any new 
system of records from the data accessible by such information 
technology system, or to create any means of access by Federal agencies 
to such information technology system: Provided further, That of the 
amount made available under this heading, $121,212,000 may not be 
obligated for the National Cyber Security Initiative program, 
$24,000,000 may not be obligated for the Next Generation Networks 
program, and $14,100,000 may not be obligated for the National Command 
and Coordination Capability program until the Committees on 
Appropriations of the Senate and House of Representatives receive and 
approve a plan for expenditure for that program that describes the 
strategic context of the program; the specific goals and milestones set 
for the program; and the funds allocated to achieving each of those 
goals.

    united states visitor and immigrant status indicator technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $390,300,000, to 
remain available until expended: Provided, That of the total amount 
made available under this heading, $90,000,000 may not be obligated for 
the United States Visitor and Immigrant Status Indicator Technology 
project until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that includes--
            (1) a detailed accounting of the program's progress to date 
        relative to system capabilities or services, system performance 
        levels, mission benefits and outcomes, milestones, cost 
        targets, and program management capabilities;
            (2) an explicit plan of action defining how all funds are 
        to be obligated to meet future program commitments, with the 
        planned expenditure of funds linked to the milestone-based 
        delivery of specific capabilities, services, performance 
        levels, mission benefits and outcomes, and program management 
        capabilities;
            (3) a listing of all open Government Accountability Office 
        and Office of Inspector General recommendations related to the 
        program and the status of Department of Homeland Security 
        actions to address the recommendations, including milestones 
        for fully addressing such recommendations;
            (4)(a) a certification by the Chief Procurement Officer of 
        the Department that (1) the program has been reviewed and 
        approved in accordance with the investment management process 
        of the Department; (2) the process fulfills all capital 
        planning and investment control requirements and reviews 
        established by the Office of Management and Budget, including 
        as provided in Circular A-11, part 7; and (3) the plans for the 
        program comply with the Federal acquisition rules, 
        requirements, guidelines, and practices; and (b) a description 
        by the Chief Procurement Officer of the actions being taken to 
        address areas of non-compliance, the risks associated with such 
        areas as well as any plans for addressing such risks, and the 
        status of the implementation of such actions;
            (5)(a) a certification by the Chief Information Officer of 
        the Department that (1) an independent verification and 
        validation agent is currently under contract for the project; 
        (2) the system architecture of the program is sufficiently 
        aligned with the information systems enterprise architecture of 
        the Department to minimize future rework, including a 
        description of all aspects of the architecture that were or 
        were not assessed in making the alignment determination, the 
        date of the alignment determination, and any known areas of 
        misalignment along with the associated risks and corrective 
        actions to address any such areas; and (3) the program has a 
        risk management process that regularly identifies, evaluates, 
        mitigates, and monitors risks throughout the system life cycle, 
        and communicates high-risk conditions to agency and Department 
        investment decision makers; and (b) a listing by the Chief 
        Information Officer of all the program's high risks and the 
        status of efforts to address them;
            (6) a certification by the Chief Human Capital Officer of 
        the Department that the human capital needs of the program are 
        being strategically and proactively managed, and that current 
        human capital capabilities are sufficient to execute the plans 
        discussed in the report;
            (7) a complete schedule for the full implementation of a 
        biometric exit program or a certification that such program is 
        not possible within five years;
            (8) a detailed accounting of operation and maintenance, 
        contractor services, and program costs associated with the 
        management of identity services; and
            (9) is reviewed by the Government Accountability Office:
Provided further, That no funding under this heading shall be obligated 
for implementation of a final air exit solution pursuant to the notice 
of proposed rulemaking (DHS-2008-0039) published on April 24, 2008, 
until the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a report on pilot tests of the air 
exit solution, which shall be reviewed by the Government Accountability 
Office, and which shall test at least two scenarios: (a) where the 
airlines collect and transmit biometric exit data as proposed in the 
notice of proposed rulemaking and (b) where U.S. Customs and Border 
Protection collects such information at the departure gates.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$134,404,000, of which $29,223,000 is for salaries and expenses; and of 
which $105,181,000 is to remain available until September 30, 2010, for 
biosurveillance, BioWatch, medical readiness planning, chemical 
response, and other activities: Provided, That not to exceed $3,000 
shall be for official reception and representation expenses.

                  Federal Emergency Management Agency

                     management and administration

    For necessary expenses for management and administration of the 
Federal Emergency Management Agency, $821,151,000, including activities 
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et 
seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National 
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 
1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 101 
et seq.), and the Post-Katrina Emergency Management Reform Act of 2006 
(Public Law 109-295; 120 Stat. 1394): Provided, That not to exceed 
$3,000 shall be for official reception and representation expenses: 
Provided further, That the President's budget submitted under section 
1105(a) of title 31, United States Code, shall be detailed by office 
for the Federal Emergency Management Agency: Provided further, That of 
the total amount made available under this heading, $32,500,000 shall 
be for the Urban Search and Rescue Response System, of which not to 
exceed $1,600,000 may be made available for administrative costs: 
Provided further, That of the total amount made available under this 
heading, $6,342,000 shall be for the Office of National Capital Region 
Coordination: Provided further, That of the total amount made available 
under this heading, $5,000,000 shall be for the development of tools 
and systems to measure the achievement and effectiveness of first 
responder grant programs: Provided further, That of the funds made 
available in the previous proviso, $2,500,000 shall not be available 
for obligation until the Committees on Appropriations of the Senate and 
the House of Representatives receive from the Secretary of Homeland 
Security a detailed plan for expenditure that has been reviewed by the 
Government Accountability Office.

                        state and local programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other 
activities, $3,056,000,000 shall be allocated as follows:
            (1) $950,000,000 shall be for the State Homeland Security 
        Grant Program under section 2004 of the Homeland Security Act 
        of 2002 (6 U.S.C. 605): Provided, That of the amount provided 
        by this paragraph, $60,000,000 shall be for Operation 
        Stonegarden: Provided further, That notwithstanding subsection 
        (c)(4) of such section 2004, for fiscal year 2009, the 
        Commonwealth of Puerto Rico shall make available to local and 
        tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $850,000,000 shall be for the Urban Area Security 
        Initiative under section 2003 of the Homeland Security Act of 
        2002 (6 U.S.C. 604), of which, notwithstanding subsection 
        (c)(1) of such section, $15,000,000 shall be for grants to 
        organizations (as described under section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax section 
        501(a) of such code) determined by the Secretary to be at high-
        risk of a terrorist attack.
            (3) $50,000,000 shall be for the Metropolitan Medical 
        Response System in accordance with section 635 of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).
            (4) $15,000,000 shall be for the Citizens Corps Program.
            (5) $400,000,000 shall be for public transportation 
        security assistance and railroad security assistance under 
        sections 1406 and 1513 of the Implementing Recommendations of 
        the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 
        1135 and 1163): Provided, That such public transportation 
        security assistance shall be provided directly to public 
        transportation agencies: Provided further, That no cost share 
        shall be required from public transportation agencies or Amtrak 
        for such assistance.
            (6) $400,000,000 shall be for port security grants in 
        accordance with 46 U.S.C. 70107.
            (7) $12,000,000 shall be for over-the-road bus security 
        assistance under section 1532 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53; 6 U.S.C. 1182).
            (8) $8,000,000 shall be for trucking industry security 
        grants.
            (9) $50,000,000 shall be for the interoperable emergency 
        communications grant program under section 1809 of the Homeland 
        Security Act of 2002 (6 U.S.C. 579).
            (10) $35,000,000 shall remain available until expended, for 
        grants for Emergency Operations Centers under section 614 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5196c), as detailed in the Committee report 
        accompanying this Act.
            (11) $50,000,000 shall be for grants under section 204 of 
        the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301 
        note).
            (12) $236,000,000 shall be for training, exercises, 
        technical assistance, and other programs:
Provided, That not to exceed 2 percent of the amounts provided under 
this heading may be transferred to the Federal Emergency Management 
Agency ``Management and Administration'' account for program 
administration: Provided further, That for grants under paragraphs (1) 
through (4), the applications for grants shall be made available to 
eligible applicants not later than 25 days after the date of enactment 
of this Act, that eligible applicants shall submit applications not 
later than 90 days after the grant announcement, and that the 
Administrator of the Federal Emergency Management Agency shall act 
within 90 days after receipt of an application: Provided further, That 
for grants under paragraphs (5) through (9), the applications for 
grants shall be made available to eligible applicants not later than 30 
days after the date of enactment of this Act, that eligible applicants 
shall submit applications within 45 days after the grant announcement, 
and that the Federal Emergency Management Agency shall act not later 
than 60 days after receipt of an application: Provided further, That 
grantees shall provide reports on their use of funds, as determined 
necessary by the Secretary of Homeland Security: Provided further, That 
(a) the Center for Domestic Preparedness may provide training to 
emergency response providers from the Federal Government, foreign 
governments, or private entities, if the Center for Domestic 
Preparedness is reimbursed for the cost of such training, and any 
reimbursement under this subsection shall be credited to the account 
from which the expenditure being reimbursed was made and shall be 
available, without fiscal year limitation, for the purposes for which 
amounts in the account may be expended, (b) the head of the Center for 
Domestic Preparedness shall ensure that any training provided under (a) 
does not interfere with the primary mission of the Center to train 
State and local emergency response providers: Provided further, That 
the Government Accountability Office shall report to the Committees on 
Appropriations of the Senate and the House of Representatives regarding 
the data, assumptions, and methodology that the Department of Homeland 
Security uses to assess risk and allocate grants under the Urban Area 
Security Initiative and the State Homeland Security Grant Program not 
later than 45 days after the date of enactment of this Act: Provided 
further, That the report shall include an assessment of the reliability 
and validity of the data used, the basis for the assumptions used, how 
the methodology is applied to determine the risk scores for individual 
locations, an analysis of the usefulness of placing States and cities 
into tier groups, and the allocation of grants to eligible locations: 
Provided further, That the Department shall provide the Government 
Accountability Office with the actual data that the Department used for 
its risk assessment and grant allocation for at least two locations at 
the discretion of the Government Accountability Office for the 2008 
grant allocation process: Provided further, That the Department shall 
provide the Government Accountability Office access to all data needed 
for its analysis and report, including specifics on all changes for the 
fiscal year 2009 process, including all changes in data, assumptions, 
and weights used in methodology, within seven days after the date of 
enactment of this Act: Provided further, That any subsequent changes 
made regarding the risk methodology after the initial information is 
provided to the Government Accountability Office shall be provided 
within seven days after the change is made.

                     firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$800,000,000, of which $570,000,000 shall be available to carry out 
section 33 of that Act (15 U.S.C. 2229) and $230,000,000 shall be 
available to carry out section 34 of that Act (15 U.S.C. 2229a), to 
remain available until September 30, 2010: Provided, That not to exceed 
3 percent of the amount available under this heading shall be available 
for program administration.

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $315,000,000: Provided, That total 
administrative costs shall not exceed 3 percent of the total amount 
appropriated under this heading.

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2009, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security to be 
necessary for its radiological emergency preparedness program for the 
next fiscal year: Provided, That the methodology for assessment and 
collection of fees shall be fair and equitable and shall reflect costs 
of providing such services, including administrative costs of 
collecting such fees: Provided further, That fees received under this 
heading shall be deposited in this account as offsetting collections 
and will become available for authorized purposes on October 1, 2009, 
and remain available until expended.

                   united states fire administration

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $44,979,000.

                            disaster relief

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,900,000,000, to remain available until expended: Provided, That of 
the total amount provided, $15,000,000 shall be transferred to the 
Department of Homeland Security Office of Inspector General for audits 
and investigations related to disasters, subject to section 503 of this 
Act: Provided further, That up to $90,600,000 may be transferred to 
``Management and Administration'', Federal Emergency Management Agency 
for management and administration functions: Provided further, That the 
amount provided in the previous proviso shall not be available for 
transfer to ``Management and Administration'' until the Federal 
Emergency Management Agency submits an implementation plan to the 
Committees on Appropriations of the Senate and the House of 
Representatives: Provided further, That the Federal Emergency 
Management Agency shall submit the monthly ``Disaster Relief'' 
report,as specified in Public Law 110-161, to the Committees on 
Appropriations of the Senate and the House of Representatives, and 
include the amounts provided to each Federal Agency for mission 
assignments: Provided further, That for any request for reimbursement 
from a Federal agency to the Department of Homeland Security to cover 
expenditures under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), or any mission assignment 
orders issued by the Department for such purposes, the Secretary of 
Homeland Security shall take appropriate steps to ensure that each 
agency is periodically reminded of Department policies on--
            (1) the detailed information required in supporting 
        documentation for reimbursements; and
            (2) the necessity for timeliness of agency billings.
Provided further, That 30 days after the date on which the President 
declares that a major disaster exists, the Administrator of the Federal 
Emergency Management Agency shall submit to Congress, and shall publish 
on the website of the Federal Emergency Management Agency, a report 
that summarizes damage assessment information used to make a 
declaration that a major disaster exists, except that the Administrator 
may redact from such a report any data that the Administrator 
determines would compromise national security.

            disaster assistance direct loan program account

    For activities under section 319 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000: 
Provided, That gross obligations for the principal amount of direct 
loans shall not exceed $25,000,000: Provided further, That the cost of 
modifying such loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974 (2 U.S.C. 661a).

                      flood map modernization fund

    For necessary expenses under section 1360 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 
available until expended: Provided, That total administrative costs 
shall not exceed 3 percent of the total amount appropriated under this 
heading.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $156,599,000, which shall be derived from 
offsetting collections assessed and collected under section 1308(b)(3) 
of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(b)(3)), and 
which shall be available as follows: (1) not to exceed $49,418,000 for 
salaries and expenses associated with flood mitigation and flood 
insurance operations; and (2) no less than $107,181,000 for flood plain 
management and flood mapping, to remain available until September 30, 
2010: Provided, That any additional fees collected pursuant to section 
1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) shall 
be credited as an offsetting collection to this account, to be 
available for flood plain management and flood mapping: Provided 
further, That in fiscal year 2009, no funds shall be available from the 
National Flood Insurance Fund under section 1310 of that Act (42 U.S.C. 
4017) in excess of: (1) $85,000,000 for operating expenses; (2) 
$869,905,000 for commissions and taxes of agents; (3) such sums as are 
necessary for interest on Treasury borrowings; and (4) $125,700,000 
which shall remain available until expended for flood mitigation 
activities, of which $80,000,000 is for severe repetitive loss 
properties under section 1361A of that Act (42 U.S.C. 4102a), of which 
$10,000,000 is for repetitive insurance claims properties under section 
1323 of that Act (42 U.S.C. 4030), and of which $35,700,000 is for 
flood mitigation assistance under section 1366 of that Act (42 U.S.C. 
4104c) notwithstanding subparagraphs (B) and (C) of subsection (b)(3) 
and subsection (f) of section 1366 (42 U.S.C. 4104c) and subsection 
(a)(7) of section 1310 of that Act (42 U.S.C. 4017): Provided further, 
That amounts collected under section 102 of the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(i) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104c(i)) shall be 
deposited in the National Flood Insurance Fund to supplement other 
amounts specified as available for section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding subsection 
(f)(8) of such section 102, subsection (i) of such section 1366, and 
paragraphs (2) and (3) of section 1367(b) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104d(b)): Provided further, That 
total administrative costs shall not exceed 4 percent of the total 
appropriation.

                  national predisaster mitigation fund

    For the predisaster mitigation grant program under section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133), notwithstanding subsection (m) of such section, 
$75,000,000, to remain available until expended and as detailed in the 
Committee report accompanying this Act: Provided, That the total 
administrative costs associated with such grants shall not exceed 3 
percent of the total amount made available under this heading.

                       emergency food and shelter

    To carry out the emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $200,000,000, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total amount made available under this heading.

                        cerro grande fire claims

    Of the funds made available under this heading for obligation in 
prior years, $9,000,000 are cancelled.

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$101,740,000; Provided, That notwithstanding any other provision of 
law, funds available to United States Citizenship and Immigration 
Services may be used to acquire, operate, equip, and dispose of up to 
five vehicles, of which two are for replacement only, for areas where 
the Administrator of General Services does not provide vehicles for 
lease: Provided further, That the Director of United States Citizenship 
and Immigration Services may authorize employees who are assigned to 
those areas to use such vehicles between the employees' residences and 
places of employment.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; the purchase of not to exceed 117 vehicles 
for police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $242,530,000, of which up to $48,611,000 shall 
remain available until September 30, 2010 for materials and support 
costs of Federal law enforcement basic training; of which $300,000 
shall remain available until expended for Federal law enforcement 
agencies participating in training accreditation, to be distributed as 
determined by the Federal Law Enforcement Training Center for the needs 
of participating agencies; and of which not to exceed $12,000 shall be 
for official reception and representation expenses: Provided, That the 
Center is authorized to obligate funds in anticipation of 
reimbursements from agencies receiving training sponsored by the 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year: Provided further, That section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note), as amended by Public Law 110-161 (121 Stat. 
2068), is further amended by striking ``December 31, 2010'' and 
inserting ``December 31, 2011''; Provided further, That the Federal Law 
Enforcement Training Accreditation Board, including representatives 
from the Federal law enforcement community and non-Federal 
accreditation experts involved in law enforcement training, shall lead 
the Federal law enforcement training accreditation process to continue 
the implementation of measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors: Provided further, That the Director of the Federal Law 
Enforcement Training Center shall schedule basic or advanced law 
enforcement training, or both, at all four training facilities under 
the control of the Federal Law Enforcement Training Center to ensure 
that such training facilities are operated at the highest capacity 
throughout the fiscal year.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $43,456,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.

                         Science and Technology

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of 
programs and activities, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $132,100,000: Provided, 
That not to exceed $15,000 shall be for official reception and 
representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.); $754,897,000, to remain 
available until expended: Provided, That none of the funds made 
available under this heading shall be obligated for a follow-on program 
to the Analysis, Dissemination, Visualization, Insight, and Semantic 
Enhancement program: Provided further, That none of the funds available 
under this heading shall be available for the design and construction 
of a National Bio and Agro-defense Facility located on the United 
States mainland until the Secretary of Homeland Security completes a 
risk analysis of whether foot-and-mouth disease work can be done safely 
on the United States mainland and this risk assessment is reviewed by 
the Government Accountability Office.

                   Domestic Nuclear Detection Office

                     management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office 
as authorized by title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.) for management and administration of programs and 
activities, $35,475,000: Provided, That not to exceed $3,000 shall be 
for official reception and representation expenses.

                 research, development, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $333,200,000, to 
remain available until expended.

                          systems acquisition

    For expenses for the Domestic Nuclear Detection Office acquisition 
and deployment of radiological detection systems in accordance with the 
global nuclear detection architecture, $175,700,000, to remain 
available until September 30, 2011: Provided, That none of the funds 
appropriated under this heading shall be obligated for full-scale 
procurement of Advanced Spectroscopic Portal Monitors until the 
Secretary of Homeland Security submits to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
certifying that a significant increase in operational effectiveness 
will be achieved: Provided further, That the Secretary shall submit 
separate and distinct certifications prior to the procurement of 
Advanced Spectroscopic Portal Monitors for primary and secondary 
deployment that address the unique requirements for operational 
effectiveness of each type of deployment: Provided further, That none 
of the funds appropriated under this heading shall be used for high-
risk concurrent development and production of mutually dependent 
software and hardware.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2009, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program, project, or activity; (2) eliminates a program, 
project, office, or activity; (3) increases funds for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific 
activity by either of the Committees on Appropriations of the Senate or 
the House of Representatives for a different purpose; or (5) contracts 
out any function or activity for which funding levels were requested 
for Federal full-time equivalents in the object classification tables 
contained in the fiscal year 2009 Budget Appendix for the Department of 
Homeland Security, unless the Committees on Appropriations of the 
Senate and the House of Representatives are notified 15 days in advance 
of such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2009, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees or 
proceeds available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, projects, or 
activities through a reprogramming of funds in excess of $5,000,000 or 
10 percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 10 
percent as approved by the Congress; or (3) results from any general 
savings from a reduction in personnel that would result in a change in 
existing programs, projects, or activities as approved by the Congress, 
unless the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
that imminently threaten the safety of human life or the protection of 
property.
    Sec. 504.  None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities and amounts allowed in the 
President's fiscal year 2009 budget, but not including sedan service, 
shuttle service, transit subsidy, mail operations, parking, and 
competitive sourcing: Provided, That any additional activities and 
amounts shall be approved by the Committees on Appropriations of the 
Senate and the House of Representatives 30 days in advance of 
obligation.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2009 from appropriations for salaries and expenses 
for fiscal year 2009 in this Act shall remain available through 
September 30, 2010, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to and approved by the 
Committees on Appropriations of the Senate and the House of 
Representatives in accordance with section 503 of this Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2009 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2009.
    Sec. 507.  None of the funds made available by this Act may be used 
to make a grant allocation, discretionary grant award, discretionary 
contract award, or to issue a letter of intent totaling in excess of 
$1,000,000, or to announce publicly the intention to make such an 
award, including a contract covered by the Federal Acquisition 
Regulation, unless the Secretary of Homeland Security notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives at least three full business days in advance: Provided, 
That no notification shall involve funds that are not available for 
obligation: Provided further, That the notification shall include the 
amount of the award, the fiscal year in which the funds for the award 
were appropriated, and the account from which the funds are being 
drawn: Provided further, That the Federal Emergency Management Agency 
shall brief the Committees on Appropriations of the Senate and the 
House of Representatives five full business days in advance of 
announcing publicly the intention of making an award under State 
Homeland Security Grant Program; and under the Urban Area Security 
Initiative.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center may obtain the temporary use of additional facilities 
by lease, contract, or other agreement for training that cannot be 
accommodated in existing Center facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510.  Sections 512, 519, 520, 522, 523, 528, 529, 530, 531, 
and 556 of the Department of Homeland Security Appropriations Act, 2008 
(division E of Public Law 110-161; 121 Stat. 2072, 2073, 2074, 2082) 
shall apply with respect to funds made available in this Act in the 
same manner as such sections applied to funds made available in that 
Act.
    Sec. 511. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow-on or successor passenger prescreening program, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
conditions contained in paragraphs (1) through (10) of section 522(a) 
of Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the Secretary provides the requisite certification, and 
periodically thereafter, if necessary, until the Government 
Accountability Office confirms that all ten conditions have been 
successfully met.
    (c) Within 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
detailed plan that describes: (1) the dates for achieving key 
milestones, including the date or timeframes that the Secretary will 
certify the program under subsection (a); and (2) the methodology to be 
followed to support the Secretary's certification, as required under 
subsection (a).
    (d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (f) None of the funds provided in this or any other Act may be used 
for data or a database that is obtained from or remains under the 
control of a non-Federal entity: Provided, That this restriction shall 
not apply to Passenger Name Record data obtained from air carriers.
    Sec. 512.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided as of June 1, 2004, by 
employees (including employees serving on a temporary or term basis) of 
United States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 513. (a) The Secretary of Homeland Security shall research, 
develop, and procure new technologies to inspect and screen air cargo 
carried on passenger aircraft by the earliest date possible.
    (b) Existing checked baggage explosive detection equipment and 
screeners shall be utilized to screen air cargo carried on passenger 
aircraft to the greatest extent practicable at each airport until 
technologies developed under subsection (a) are available.
    (c) The Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall work with air carriers and airports to 
ensure that the screening of cargo carried on passenger aircraft, as 
defined in section 44901(g)(5) of title 49, United States Code, 
increases incrementally each quarter.
    (d) Not later than 45 days after the end of each quarter, the 
Assistant Secretary shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a report on air cargo 
inspection statistics by airport and air carrier detailing the 
incremental progress being made to meet the requirements of section 
44901(g)(2) of title 49, United States Code.
    Sec. 514.  Except as provided in section 44945 of title 49, United 
States Code, funds appropriated or transferred to Transportation 
Security Administration ``Aviation Security'', ``Administration'', and 
``Transportation Security Support'' for fiscal years 2004, 2005, 2006, 
2007, and 2008 that are recovered or deobligated shall be available 
only for the procurement or installation of explosives detection 
systems, for air cargo, baggage, and checkpoint screening systems, 
subject to notification: Provided, That quarterly reports shall be 
submitted to the Committees on Appropriations of the Senate and the 
House of Representatives on any funds that are recovered or 
deobligated.
    Sec. 515.  The Department of Homeland Security Working Capital 
Fund, established pursuant to section 403 of Public Law 103-356 (31 
U.S.C. 501 note), shall continue operations during fiscal year 2009.
    Sec. 516.  Within 45 days after the close of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report that includes 
total obligations, on-board versus funded full-time equivalent staffing 
levels, and the number of contract employees by office.
    Sec. 517.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2008'' and inserting ``2009''.
    Sec. 518.  In fiscal year 2009, none of the funds made available in 
this or any other Act may be used to enforce section 4025(1) of Public 
Law 108-458 unless the Assistant Secretary of Homeland Security 
(Transportation Security Administration) reverses the determination of 
July 19, 2007, that butane lighters are not a significant threat to 
civil aviation security.
    Sec. 519.  None of the funds provided in this Act may be used to 
reduce operations within the Civil Engineering Program of the Coast 
Guard nationwide, including the civil engineering units, facilities, 
design and construction centers, maintenance and logistics command 
centers, and the Coast Guard Academy, except as specifically authorized 
by a statute enacted after the date of the enactment of this Act.
    Sec. 520. (a) Except as provided in subsection (b), none of the 
funds appropriated in this Act to the Office of the Secretary and 
Executive Management, the Office of the Under Secretary for Management, 
or the Office of the Chief Financial Officer, may be obligated for a 
grant or contract awarded by a means other than full and open 
competition.
    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
            (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a mandated 
        preferential program, such as the AbilityOne Program, that is 
        authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
        seq.);
            (2) under the Small Business Act (15 U.S.C. 631 et seq.);
            (3) in an amount less than the simplified acquisition 
        threshold described under section 302A(a) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        252a(a)); or
            (4) by another Federal agency using funds provided through 
        an interagency agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland Security 
may waive the application of this section to the award of a contract in 
the period of a national emergency determined by the Secretary; and
    (2) Not later than five days after the date on which the Secretary 
of Homeland Security issues a waiver under this subsection, the 
Secretary shall submit notification of that waiver to the Committees on 
Appropriations of the Senate and the House of Representatives, 
including a description of the applicable contract and an explanation 
of why the waiver authority was used.
    (d) In addition to the requirements established by this section, 
the Inspector General of the Department of Homeland Security shall 
review departmental contracts awarded through other than full and open 
competition to assess departmental compliance with applicable laws and 
regulations: Provided, That the Inspector General shall review selected 
contracts awarded in the previous fiscal year through other than full 
and open competition: Provided further, That in determining which 
contracts to review, the Inspector General shall consider the cost and 
complexity of the goods and services to be provided under a contract, 
the criticality of a contract to fulfilling Department missions, past 
performance problems on similar contracts or by a selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the Inspector General considers relevant: 
Provided further, That the Inspector General shall report the results 
of the reviews to the Committees on Appropriations of the Senate and 
the House of Representatives.
    Sec. 521.  None of the funds provided by this or previous 
appropriations Acts shall be used to fund any position designated as a 
Principal Federal Official for any Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared 
disasters or emergencies or to designate such positions if any Federal 
Coordinating Officer is also designated at the same time.
    Sec. 522.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 523.  None of the funds made available in this Act may be used 
to destroy or put out to pasture any horse or other equine belonging to 
the Federal Government that has become unfit for service, unless the 
trainer or handler is first given the option to take possession of the 
equine through an adoption program that has safeguards against 
slaughter and inhumane treatment.
    Sec. 524.  None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the basic pilot program established under section 401 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note).
    Sec. 525.  None of the funds made available in this Act may be used 
by the Secretary of Homeland Security or any delegate of the Secretary 
to issue any rule or regulation which implements the Notice of Proposed 
Rulemaking related to Petitions for Aliens To Perform Temporary 
Nonagricultural Services or Labor (H-2B) set out beginning on 70 Fed. 
Reg. 3984 (January 27, 2005).
    Sec. 526.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2008,'' and inserting ``Until September 30, 2009 and subject to 
        subsection (d),'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following:
    ``(d) Additional Requirements.--
            ``(1) In general.--The authority of the Secretary under 
        this section shall terminate September 30, 2008, unless before 
        that date the Secretary--
                    ``(A) issues policy guidance detailing the 
                appropriate use of that authority; and
                    ``(B) provides additional training to each employee 
                that is authorized to exercise that authority.
            ``(2) Report.--The Secretary shall provide an annual report 
        to the Committees on Appropriations of the Senate and the House 
        of Representatives and the Committee on Homeland Security of 
        the House of Representatives detailing the projects for which 
        the authority granted by subsection (a) was used, the rationale 
        for its use, the funds spent using that authority, the outcome 
        of each project for which that authority was used, and the 
        results of any audits of such projects.''.
    Sec. 527.  Notwithstanding any other provision of law, if the 
Secretary of Homeland Security determines that the National Bio and 
Agro-defense Facility should be located at a site other than Plum 
Island, the Secretary is authorized to liquidate the Plum Island asset 
by directing the Administrator of General Services to sell through 
public sale all real and related personal property and transportation 
assets that support Plum Island operations, subject to such terms and 
conditions as necessary to protect Government interests and meet 
program requirements: Provided, That the gross proceeds of such sale 
shall be deposited into a separate account that shall be available, 
along with any other available appropriations, for use by the Secretary 
in the acquisition of the site for and the construction of the National 
Bio and Agro-defense Facility: Provided further, That the Secretary may 
use such gross proceeds of sale to reimburse any fund of the Secretary 
used to pay for the costs associated with the sale, including due 
diligence requirements, necessary environmental remediation, and 
reimbursement of expenses incurred by the General Services 
Administration which shall not exceed 1 percent of the sale price: 
Provided further, That the net proceeds remaining after such use shall 
be available to the Secretary for design and construction of a new 
Department of Homeland Security headquarters facility, excluding daily 
operations and maintenance costs: Provided further, That the proceeds 
derived from the sale shall be available to the Secretary without 
further appropriation until expended and subject to approval pursuant 
to section 503 of this Act.
    Sec. 528.  Any official that is required by this Act to perform any 
act may not delegate any authority to perform that act unless 
specifically authorized by this Act to delegate that authority.
    Sec. 529.  Within 90 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a listing 
of programs, projects, and activities by account, including all 
specific dollar amounts specified in the bill and report from which all 
reprogrammings will be based.
    Sec. 530. (a) None of the funds provided by this or any other Act 
may be obligated for the development, testing, deployment, or operation 
of any portion of a human resources management system authorized by 5 
U.S.C. 9701(a), or by regulations prescribed pursuant to such section, 
for an employee as defined in 5 U.S.C. 7103(a)(2).
    (b) The Secretary of Homeland Security shall collaborate with 
employee representatives in the manner prescribed in 5 U.S.C. 9701(e), 
in the planning, testing, and development of any portion of a human 
resources management system that is developed, tested, or deployed for 
persons excluded from the definition of employee as that term is 
defined in 5 U.S.C. 7103(a)(2).
    Sec. 531.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers from the Department of the Treasury Forfeiture Fund 
to any agency within the Department of Homeland Security: Provided, 
That none of the funds identified for such a transfer may be obligated 
until the Committees on Appropriations of the Senate and the House of 
Representatives approve the proposed transfers.
    Sec. 532.  In the current fiscal year and any fiscal year 
thereafter, none of the funds made available to the Department of 
Homeland Security in this or any other Act may be used for a grant or 
contract for any project that does not comply with the requirements of 
subchapter IV of chapter 31 of title 40, United States Code. The 
President may suspend the application of the preceding sentence during 
a national emergency.
    Sec. 533.  Section 520 of Public Law 108-90 (6 U.S.C. 469) is 
amended--
            (1) by inserting ``(a) Fees.--'' before ``For fiscal year 
        2004 and thereafter''; and
            (2) by adding at the end the following:
    ``(b) Recurrent Training of Aliens in Operation of Aircraft.--
            ``(1) Process for reviewing threat assessments.--
        Notwithstanding section 44939(e) of title 49, United States 
        Code, the Secretary shall establish a process to ensure that an 
        alien (as defined in section 101(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(3)) applying for recurrent 
        training in the operation of any aircraft is properly 
        identified and has not, since the time of any prior threat 
        assessment conducted pursuant to section 44939(a) of such 
        title, become a risk to aviation or national security.
            ``(2) Interruption of training.--If the Secretary 
        determines, in carrying out the process established under 
        paragraph (1), that an alien is a present risk to aviation or 
        national security, the Secretary shall immediately notify the 
        person providing the training of the determination and that 
        person shall not provide the training or if such training has 
        commenced that person shall immediately terminate the training.
            ``(3) Fees.--The Secretary may charge reasonable fees under 
        subsection (a) for providing credentialing and background 
        investigations for aliens in connection with the process for 
        recurrent training established under paragraph (1). Such fees 
        shall be promulgated by notice in the Federal Register.''.
    Sec. 534. (a) Not later than six months from the date of enactment 
of this Act, the Secretary of Homeland Security shall consult with the 
Secretaries of Defense and Transportation and develop a concept of 
operations for unmanned aerial systems in United States national 
airspace system for the purposes of border and maritime security 
operations.
    (b) The Secretary of Homeland Security shall report to the 
Committees on Appropriations of the Senate and House of Representatives 
not later than 30 days after enactment of this Act on any foreseeable 
challenges to complying with subsection (a).
    Sec. 535.  None of the funds made available in this Act for United 
States Customs and Border Protection may be used to prevent an 
individual not in the business of importing a prescription drug (within 
the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic 
Act) from importing a prescription drug from Canada that complies with 
the Federal Food, Drug, and Cosmetic Act: Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply: Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 536.  Except as provided in section 514 of this Act, the 
Secretary of Homeland Security may utilize cost savings from any 
recovered or deobligated funds for fiscal years 2004 through 2008 and 
funds appropriated for fiscal year 2009 that may not be necessary due 
to staffing shortfalls in the Department of Homeland Security, for fuel 
costs that exceed the amount requested in the fiscal year 2009 budget 
request: Provided, That quarterly reports shall be submitted to the 
Committees on Appropriations of the Senate and the House of 
Representatives on any funds that are utilized for fuel expenses: 
Provided further, That these reports shall clearly delineate the 
funding source and explain why the funds are available for obligation.
    Sec. 537.  If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an airport 
does not need to participate in the basic pilot program, the Assistant 
Secretary shall certify to the Committees of Appropriations of the 
Senate and the House of Representatives that no security risks will 
result by such non-participation.

   TITLE VI--ADDITIONAL DISASTER ASSISTANCE FOR FISCAL YEAR 2008 FOR 
              MIDWESTERN UNITED STATES AND OTHER PURPOSES

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency

            disaster assistance direct loan program account

    For an additional amount for ``Disaster Assistance Direct Loan 
Program Account'' for the cost of direct loans as authorized under 
section 417 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5184), $93,950,000, to become available upon 
the enactment of this Act and to remain available until expended, and 
to be used to assist local governments affected by recent floods and 
tornadoes in the Midwestern United States and for other purposes in 
providing essential services, of which $500,000 is for administrative 
expenses to carry out the direct loan program: Provided, That such 
funds may be made to subsidize gross obligations for the principal 
amount of direct loans not to exceed $100,000,000: Provided further, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That the amounts provided under this heading are 
designated as an emergency requirement and necessary to meet emergency 
needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 
concurrent resolutions on the budget for fiscal years 2008 and 2009.
     This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2009''.
                                                 Union Calendar No. 558

110th CONGRESS

  2d Session

                               H. R. 6947

                          [Report No. 110-862]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2009, and for other purposes.

_______________________________________________________________________

                           September 18, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed