[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3181 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 830
110th CONGRESS
  2d Session
                                S. 3181

                          [Report No. 110-396]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2008

Mr. Byrd, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 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 fiscal year ending 
September 30, 2009, for the Department of Homeland Security and for 
other purposes, namely:

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                 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, $123,299,000: Provided, That 
not to exceed $60,000 shall be for official reception and 
representation expenses, of which $20,000 shall be made available to 
the Office of Policy solely to host Visa Waiver Program negotiations in 
Washington, DC: Provided further, That $15,000,000 shall not be 
available for obligation until the Secretary certifies and reports to 
the Committees on Appropriations of the Senate and the House of 
Representatives that the Department has implemented revised 
Departmental guidance with respect to relations with the Government 
Accountability Office: Provided further, That $10,000,000 shall not be 
available for obligation until the Secretary of Homeland Security, in 
coordination with the Administrator of the Federal Emergency Management 
Agency, certifies and reports to the Committees on Appropriations that 
processes to incorporate stakeholder input for grant guidance 
development and award distribution have been: (1) developed to ensure 
transparency and increased information gathering about security needs 
for all-hazards; (2) formalized and made clear to stakeholders; and (3) 
formalized to ensure future use for each fiscal year.

              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), $310,803,000, 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: 
Provided further, That of the total amount provided, $120,000,000 shall 
remain available until expended solely for planning, design, and 
construction costs to consolidate the Headquarters, operations 
coordination, and policy and program management functions in a secure 
setting.

                 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), $56,235,000, of which $12,000,000 shall remain 
available until expended for financial systems consolidation efforts.

                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, 
$274,669,000; of which $86,928,000 shall be available for salaries and 
expenses; and of which $187,741,000, 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, of which not less 
than $23,830,000 shall be available for data center development and an 
additional $22,300,000 shall be available to support costs of 
transition to the National Center for Critical Information Processing 
and Storage: Provided, That $200,000,000 of the total amount 
appropriated under this heading shall not be available for obligation 
until the Committee on Appropriations of the Senate receives the report 
on data center transition: Provided further, That the Chief Information 
Officer shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives, not more than 60 days after the date 
of enactment of this Act, an expenditure plan for all information 
technology acquisition projects that: (1) are funded under this 
heading; or (2) 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.

                        Analysis and Operations

                    (including rescission of funds)

    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.), $320,200,000, of which not 
to exceed $5,000 shall be for official reception and representation 
expenses; and of which $220,021,000 shall remain available until 
September 30, 2010: Provided, That of the amounts made available under 
this heading in Public Law 110-161, $2,500,000 are rescinded.

      Office of the Federal Coordinator for Gulf Coast Rebuilding

    For necessary expenses of the Office of the Federal Coordinator for 
Gulf Coast Rebuilding, $2,700,000.

                      Office of Inspector General

                           operating expenses

    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.), $96,013,000, 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

                    (including rescission of funds)

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and transportation of 
unaccompanied minor aliens; purchase and lease of up to 6,300 (3,300 
for replacement only) police-type vehicles; and contracting with 
individuals for personal services abroad; $7,536,314,000, 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 $271,679,000 shall be 
for Air and Marine Operations; of which $4,500,000, shall be for the 
2010 Olympics Coordination Center, of which not to exceed $2,000,000 
shall be available until September 30, 2010; 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 of the amounts made available under this heading 
in Public Law 110-161, $13,000,000 are rescinded.

                        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 that includes:
            (1) a detailed accounting of the program's progress up to 
        the date of the report in meeting prior commitments made to the 
        Committees 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, with the status of the Department's efforts to address 
        the recommendations, including milestones for fully addressing 
        them;
            (4) a certification by the Chief Procurement Officer of the 
        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, as well as supporting analyses generated by and used in 
        the Department's process;
            (5) a certification by the Chief Information Officer of the 
        Department that an independent validation and verification 
        agent has and will continue to actively review the program;
            (6) a certification by the Chief Information Officer of the 
        Department that 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 and were not assessed in making the alignment 
        determination, the date of the alignment determination, any 
        known areas of misalignment along with the associated risks and 
        corrective actions to address any such areas;
            (7) a certification by the Chief Information Officer of the 
        Department that 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 of Homeland Security investment 
        decision makers, as well as a listing of the program's high 
        risks and the status of efforts to address them;
            (8) a certification by the Chief Procurement Officer of the 
        Department 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 them 
        along with any plans for addressing these risks and the status 
        of their implementation; and
            (9) 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.

        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 the Secretary of Homeland Security shall 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a plan for expenditure within 90 days after the date 
of enactment of this Act, for a program to establish and maintain 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:
            (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, program management capabilities, identification of the 
        maximum investment (including lifecycle costs) required by the 
        Secure Border Initiative network or any successor contract, and 
        description of the methodology used to obtain these cost 
        figures;
            (2) a description of how activities will further the 
        objectives of the Secure Border Initiative, as defined in the 
        Secure Border Initiative multi-year strategic plan, and how the 
        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) a description of how the plan addresses security needs 
        at the Northern Border and the ports of entry, including 
        infrastructure, technology, design and operations requirements;
            (5) a report on costs incurred, the activities completed, 
        and the progress made by U.S. Customs and Border Protection in 
        terms of obtaining operational control of the entire border of 
        the United States;
            (6) 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 to 
        fully address them;
            (7) a certification by the Chief Procurement Officer of the 
        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;
            (8) a certification by the Chief Procurement Officer of the 
        Department 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 them 
        along with any plans for addressing these risks, and the status 
        of their implementation;
            (9) a certification by the Chief Procurement Officer of the 
        Department of Homeland Security that procedures to prevent 
        conflicts of interest between the prime integrator and major 
        subcontractors are established, a certification by the Chief 
        Information Officer of the Department of Homeland Security that 
        an independent verification and validation agent is currently 
        under contract for the projects funded under this heading;
            (10) a certification by the Chief Information Officer of 
        the Department that 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 and 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;
            (11) a certification by the Chief Information Officer of 
        the Department that 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 of Homeland Security 
        investment decision makers, as well as a listing of all the 
        program's high risks and the status of efforts to address them;
            (12) 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, that current human 
        capital capabilities are sufficient to execute the plans 
        discussed in the report; and
            (13) is reviewed by the Government Accountability Office.

 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, $528,000,000, 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, 
$403,201,000, to remain available until expended; of which $39,700,000 
shall be for the Advanced Training Center: Provided, That for fiscal 
year 2010 and thereafter, the annual budget submission of U.S. Customs 
and Border Protection for ``Construction'' shall, in consultation with 
the General Services Administration, include a detailed 5-year plan for 
Federal land border port of entry projects with a yearly update of 
total projected future funding needs.

                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; 
$4,932,210,000, 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; of which 
not less than $5,400,000 shall be used to facilitate agreements 
consistent with section 287(g) of the Immigration and Nationality Act 
(8 U.S.C. 1357(g)); 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 
illegal aliens: Provided, 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 to enforce laws against 
forced child labor in fiscal year 2009, of which not to exceed 
$6,000,000 shall remain available until expended: Provided further, 
That of the total amount provided, not less than $2,478,004,000 is for 
detention and removal operations, including transportation of 
unaccompanied minor aliens: Provided further, That of the total amount 
provided, $160,000,000 shall remain available until September 30, 2010, 
to improve and modernize efforts to identify aliens convicted of a 
crime, sentenced to imprisonment, and who may be deportable, and remove 
them from the United States once they are judged deportable: Provided 
further, That of the total amount provided, $6,800,000 shall remain 
available until September 30, 2010, for the Visa Security Program.

                       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 certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives no later 
than December 31, 2008, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2009 through revenues and 
collection of security fees, and shall adjust the fees to ensure fee 
collections are sufficient to ensure that 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: Provided, 
That of the funds made available under this heading, $5,000,000 shall 
not be obligated until the Committees on Appropriations of the Senate 
and the House of Representatives receive a plan for expenditure 
prepared by the Secretary of Homeland Security.

                 Transportation Security Administration

                           aviation security

                    (including rescission 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), $4,671,518,000, 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 $3,861,710,000 shall be for screening operations, of which 
$621,106,000 shall be available for explosives detection systems; and 
not to exceed $809,808,000 shall be for aviation security direction and 
enforcement: Provided further, That of the amount made available in the 
preceding proviso for explosives detection systems, $294,000,000 shall 
be available for the purchase and installation of these systems, of 
which not less than $84,500,000 shall be available for the purchase and 
installation of certified explosives detection systems at medium- and 
small-sized airports: 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 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 
$2,351,518,000: 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: Provided further, That 
Members of the United States House of Representatives and United States 
Senate, including the leadership; and the heads of Federal agencies and 
commissions, including the Secretary, Under Secretaries, and Assistant 
Secretaries of the Department of Homeland Security; the United States 
Attorney General and Assistant Attorneys General and the United States 
attorneys; and senior members of the Executive Office of the President, 
including the Director of the Office of Management and Budget; shall 
not be exempt from Federal passenger and baggage screening: Provided 
further, That of amounts made available under this heading in Public 
Law 110-161 for employee screening pilots, $7,300,000 are rescinded.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation security 
activities, $63,506,000, 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, $119,618,000, 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, then 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, $30,000,000 may not be obligated 
for headquarters administration 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 explosives detection systems refurbishment, procurement, 
and installations on an airport-by-airport basis for fiscal year 2009: 
Provided further, That these plans shall include: specific technologies 
planned for purchase; project timelines; a schedule for obligation; and 
a table detailing actual unobligated balances versus anticipated 
unobligated balances at the close of the fiscal year: Provided further, 
That these plans shall be submitted no later than 60 days after the 
date of enactment of this Act and updated quarterly.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $799,100,000.

                              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; for purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $750,000) and for repairs 
and service-life replacements, not to exceed a total of $26,000,000; 
minor shore construction projects not exceeding $1,000,000 in total 
cost at any location; payments pursuant to section 156 of Public Law 
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 
$6,280,497,000, 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)); of which not to 
exceed $20,000 shall be for official reception and representation 
expenses; and of which $3,600,000 shall be available for the cost of 
repairing, rehabilitating, altering, modifying, and making 
improvements, including customized tenant improvements, to any 
replacement or expanded Operations Systems Center facility: Provided, 
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 
notwithstanding any other provision of law, $4,000,000 of the amounts 
made available under this heading may be available to maintain the 
USCGC POLAR STAR in caretaker status: Provided further, That of the 
total amount appropriated under this heading, $7,600,000 may be 
available to operate the USCGC ACUSHNET through fiscal year 2009.

                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, $12,315,000, 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

    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; $1,266,818,000, 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 $113,000,000 shall be available until 
September 30, 2013, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $89,174,000 shall be 
available until September 30, 2011, for other equipment; of which 
$50,000,000 shall be available until September 30, 2011, for shore 
facilities and aids to navigation facilities; of which $500,000 shall 
be available for personnel related costs; and of which $1,014,144,000 
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, $255,000,000 is for 
aircraft and $540,703,000 is for surface ships: Provided further, That 
the Commandant shall submit a plan for expenditure to the Committees on 
Appropriations of the Senate and House of Representatives within 60 
days after the date of enactment of this Act for funds made available 
for the Integrated Deepwater Program, that--
            (1) defines activities, milestones, yearly costs, and 
        lifecycle costs for each 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 of procurement and contract 
        staff;
            (3) identifies competition to be conducted in each 
        procurement;
            (4) describes procurement plans that do not rely on a 
        single industry entity or contract;
            (5) includes a certification by the Chief Human Capital 
        Officer of the Department that current human capital 
        capabilities are sufficient to execute the plans discussed in 
        the report;
            (6) contains very limited indefinite delivery/indefinite 
        quantity contracts and explains the need for any indefinite 
        delivery/indefinite quantity contracts;
            (7) identifies individual project balances by fiscal year, 
        including planned carryover into fiscal year 2010 by project;
            (8) identifies operational gaps by asset and explains how 
        funds provided in this Act address the shortfalls between 
        current operational capabilities and requirements;
            (9) 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;
            (10) includes a certification by the Chief Procurement 
        Officer of the 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;
            (11) identifies use of the Defense Contract Auditing 
        Agency;
            (12) includes a certification by the head of contracting 
        activity for the Coast Guard and the Chief Procurement Officer 
        of the Department 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 them 
        along with plans for addressing these risks, and the status of 
        their implementation;
            (13) identifies the use of independent validation and 
        verification; and
            (14) is reviewed by the Government Accountability Office:
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 Deepwater 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 Deepwater 
program; and the earned value management system gold card data for each 
Deepwater 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 5 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 5 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.

                         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), $16,000,000, to remain available until expended: Provided, That 
of the amounts made available under this heading, $2,125,000 shall be 
for the Burlington Northern Railroad Bridge in Burlington, Iowa; 
$2,125,000 shall be for the Canadian Pacific Railway Bridge in 
LaCrosse, Wisconsin; $2,125,000 shall be for the Chelsea Street Bridge 
in Chelsea, Massachusetts; $2,125,000 shall be for the Elgin, Joliet, 
and Eastern Railway Company Bridge in Morris, Illinois; $3,750,000 
shall be for the Fourteen Mile Bridge in Mobile, Alabama; and 
$3,750,000 shall be for the Galveston Causeway Bridge in Galveston, 
Texas.

              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; $1,414,279,000; 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 for a grant for 
activities related to the investigations of missing and exploited 
children and shall remain available until expended: Provided, That up 
to $18,000,000 provided for protective travel shall remain available 
until September 30, 2010: Provided further, That up to $1,000,000 for 
National Special Security Events shall remain available until expended: 
Provided further, That the United States Secret Service is authorized 
to obligate funds in anticipation of reimbursements from Federal 
agencies and entities, 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 the limitation in 
the preceding proviso shall not take effect until the Director of the 
Office of Management and Budget submits to the Committees on 
Appropriations of the Senate and the House of Representatives a report 
certifying that such a limitation on compensation will not have a 
significant effect on operations of the United States Secret Service.

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,725,000, 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, $52,600,000: 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.), 
$808,004,000, of which $720,151,000 shall remain available until 
September 30, 2010: Provided, That of the total amount provided, 
$20,000,000 is for necessary expenses of the National Infrastructure 
Simulation and Analysis Center.

    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), $180,300,000, to 
remain available until expended.

                        office of health affairs

    For the necessary expenses of the Office of Health Affairs, 
$171,339,000; of which $39,210,000 is for salaries and expenses; and of 
which $111,606,000 is for biosurveillance, BioWatch, medical readiness 
planning, chemical response related activities for the Department of 
Homeland Security and shall remain available until September 30, 2010: 
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, $892,507,000, including activities 
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.), 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.), the Post-Katrina Emergency Management Reform Act 
of 2006 (Public Law 109-295; 120 Stat. 1394), and the Implementing 
Recommendations of the 9/11 Commission Act of 2007: 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 $10,000,000 shall not be available for obligation until the 
Secretary of Homeland Security, in coordination with the Administrator 
of the Federal Emergency Management Agency, certifies and reports to 
the Committees on Appropriations that processes to incorporate 
stakeholder input for grant guidance development and award distribution 
have been: (1) developed to ensure transparency and increased 
information gathering about security needs for all-hazards; (2) 
formalized and made clear to stakeholders; and (3) formalized to ensure 
future use for each fiscal year: Provided further, That of the total 
amount made available under this heading, up to $3,200,000 shall be 
available for the Reserve Workforce Credentialing and Recruitment Plan: 
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; and $6,342,000 shall be for the Office of 
National Capital Region Coordination: Provided further, That for 
purposes of planning, coordination, execution, and decision-making 
related to mass evacuation during a disaster, the Governors of the 
State of West Virginia and the Commonwealth of Pennsylvania, or their 
designees, shall be incorporated into efforts to integrate the 
activities of Federal, State, and local governments in the National 
Capital Region, as defined in section 882 of Public Law 107-296, the 
Homeland Security Act of 2002.

                        state and local programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other 
activities, $3,029,400,000 shall be allocated as follows:
            (1) $890,000,000 shall be for the State Homeland Security 
        Grant Program under section 2004 of the Homeland Security Act 
        of 2002 (6 U.S.C. 605); of which $50,000,000, to be allocated 
        at the discretion of the Secretary of Homeland Security, shall 
        be for grants under section 204 of the REAL ID Act of 2005 
        (Public Law 109-13; 49 U.S.C. 30301 note).
            (2) $825,000,000 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, $20,000,000 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) $35,000,000 shall be for Regional Catastrophic 
        Preparedness Grants.
            (4) $33,000,000 shall be for the Metropolitan Medical 
        Response System under section 635 of the Post-Katrina Emergency 
        Management Reform Act of 2006 (6 U.S.C. 723).
            (5) $15,000,000 shall be for the Citizens Corps Program.
            (6) $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), of which not less than $25,000,000 shall be for 
        Amtrak security pursuant to section 1514 of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (Public Law 
        110-53): Provided, That there shall be no cost share 
        requirement for funds made available under this paragraph and 
        made available for these same purposes in Public Law 110-161.
            (7) $400,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107.
            (8) $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).
            (9) $8,000,000 shall be for Trucking Industry Security 
        Grants.
            (10) $50,000,000 shall be for Buffer Zone Protection 
        Program Grants.
            (11) $10,000,000 shall be for the Commercial Equipment 
        Direct Assistance Program.
            (12) $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).
            (13) $10,000,000 shall be for grants for construction of 
        Emergency Operations Centers under section 614 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5196c).
            (14) $291,400,000 shall be for training, exercises, 
        technical assistance, and other programs, of which--
                    (A) $160,500,000 is for purposes of training in 
                accordance with section 1204 of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (6 
                U.S.C. 1102), of which $62,500,000 shall be for the 
                Center for Domestic Preparedness; $22,000,000 shall be 
                for the National Energetic Materials Research and 
                Testing Center, New Mexico Institute of Mining and 
                Technology; $22,000,000 shall be for the National 
                Center for Biomedical Research and Training, Louisiana 
                State University; $22,000,000 shall be for the National 
                Emergency Response and Rescue Training Center, Texas 
                A&M University; $22,000,000 shall be for the National 
                Exercise, Test, and Training Center, Nevada Test Site; 
                $5,000,000 shall be for the Transportation Technology 
                Center, Incorporated, in Pueblo, Colorado; and 
                $5,000,000 shall be for the National Disaster 
                Preparedness Training Center, University of Hawaii, 
                Honolulu, Hawaii; and
                    (B) $2,200,000 shall be for the Pacific Region 
                Homeland Security Center, Honolulu, Hawaii; and 
                $1,700,000 for the Center for Counterterrorism and 
                Cyber Crime, Norwich University, Northfield, Vermont:
Provided, That not to exceed 3 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 (5), 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 (6) through (10), 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 
for grants under paragraphs (1) and (2), the installation of 
communications towers is not considered construction of a building or 
other physical facility: Provided further, That grantees shall provide 
additional 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 uses to assess risk 
and allocate Urban Area Security Initiative and State Homeland Security 
Grants not later than 45 days after the date of enactment of this Act: 
Provided further, That the report shall include 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 provide the Government 
Accountability Office with the actual data that the Department used for 
its risk assessment and grant allocation: Provided further, That the 
Department provide the Government Accountability Office with access to 
all data needed for its analysis and report, including specifics on all 
changes for the fiscal year 2008 process, including, but not limited 
to, all changes in data, assumptions, and weights used in methodology 
within 7 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 7 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.), 
$750,000,000, of which $560,000,000 shall be available to carry out 
section 33 of that Act (15 U.S.C. 2229) and $190,000,000 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 
5 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.), $300,000,000: 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 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.), $43,300,000.

                            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 up 
to $250,000,000 is available for disaster readiness and support costs: 
Provided further, That the Federal Emergency Management Agency shall 
submit an expenditure plan to the Committees on Appropriations 
detailing the use of the funds for disaster readiness and support 
within 15 days after enactment of this Act: Provided further, That the 
Federal Emergency Management Agency shall provide a monthly report 
detailing obligations against the expenditure plan and a justification 
for any changes in spending: Provided further, That up to $43,485,000 
and 298 positions may be transferred to Federal Emergency Management 
Agency ``Management and Administration'': Provided further, That of the 
total amount provided, $16,000,000 shall be transferred to the 
Department of Homeland Security Inspector General for audits and 
investigations related to disasters, subject to section 503 of this 
Act.

            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 is for 
the cost of direct loans: 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), $185,000,000, 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(d) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), which is 
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 hazard 
mitigation, plain management, and flood mapping, which shall remain 
available until September 30, 2010: Provided, That any additional fees 
collected pursuant to section 1308(d) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 
collection to this account, to be available for flood hazard mitigation 
expenses, plain management, and flood mapping: Provided further, That 
in fiscal year 2009, no funds shall be available from the National 
Flood Insurance Fund 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 actions, of which $80,000,000 is for severe repetitive loss 
properties under section 1361A of the National Flood Insurance Act of 
1968 (42 U.S.C. 4102a), of which $10,000,000 is for repetitive 
insurance claims properties under section 1323 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4030), and of which $35,700,000 is for 
flood insured properties under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding subparagraphs 
(B) and (C) of subsection (b)(3) and subsection (f) of section 1366 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and 
notwithstanding subsection (a)(7) of section 1310 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4017): Provided further, That amounts 
collected under section 102 of the Flood Disaster Protection Act of 
1973 and section 1366(i) of the National Flood Insurance Act of 1968 
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, notwithstanding 42 U.S.C. 4012a(f)(8), 
4104c(i), and 4104d(b)(2)-(3): Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation.

                  national predisaster mitigation fund

    For a predisaster mitigation grant program under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), 
$100,000,000, to remain available until expended: Provided, That grants 
made for predisaster mitigation shall be awarded subject to the 
criteria in section 203(g) of such Act (42 U.S.C. 5133(g)), and include 
management costs: Provided further, 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 an emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $153,000,000, 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

                    (including rescission of funds)

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$150,540,000; of which $100,000,000 is for the E-Verify program to 
assist United States employers with maintaining a legal workforce; and 
of which $50,000,000 is to support implementation of the REAL ID Act to 
develop an information sharing and verification capability with States: 
Provided, That notwithstanding any other provision of law, funds 
available to United States Citizenship and Immigration Services may be 
used to acquire, operate, equip, dispose of and replace up to five 
vehicles 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; 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; $237,692,000, of which up to $53,320,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2010; 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 109-295 (120 Stat. 
1374) is further amended by striking ``December 31, 2010'' and 
inserting ``December 31, 2011'': Provided further, That none of the 
funds provided under this heading may be used to close or transfer the 
functions associated with the Washington, DC office of the Federal Law 
Enforcement Training Center.

     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, $86,456,000, 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: Provided further, That $3,000,000 is for 
construction of training and related facilities at Artesia, New Mexico.

                         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 $10,000 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.); $787,277,000, to remain 
available until expended: Provided, That not less than $27,000,000 
shall be available for the Southeast Region Research Initiative at the 
Oak Ridge National Laboratory: Provided further, That not less than 
$3,000,000 shall be available for Distributed Environment for Critical 
Infrastructure Decisionmaking Exercises: Provided further, That of the 
amount provided, $25,000,000 is for construction expenses of the 
Pacific Northwest National Laboratory.

                   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, as 
amended, for management and administration of programs and activities, 
$38,900,000: 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, $334,200,000, 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, $168,000,000, 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 the 
Secretary of Homeland Security shall consult with the National Academy 
of Sciences before making such certification: 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: Provided, That balances so 
transferred 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, as modified by the statement of managers 
accompanying this Act, 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 
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 appropriations, 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 notification required by subsections (a), (b), and (c) shall be 
submitted after June 30, except in extraordinary circumstances which 
imminently threaten the safety of human life or the protection of 
property.
    Sec. 504. 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 as a permanent working capital 
fund for fiscal year 2009: Provided, That none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security may be used to make payments to the Working Capital Fund, 
except for the activities and amounts allowed in the President's fiscal 
year 2009 budget: Provided further, That funds provided to the Working 
Capital Fund shall be available for obligation until expended to carry 
out the purposes of the Working Capital Fund: Provided further, That 
all departmental components shall be charged only for direct usage of 
each Working Capital Fund service: Provided further, That funds 
provided to the Working Capital Fund shall be used only for purposes 
consistent with the contributing component: Provided further, That such 
fund shall be paid in advance or reimbursed at rates which will return 
the full cost of each service: Provided further, That the Working 
Capital Fund shall be subject to the requirements of section 503 of 
this Act.
    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 the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval 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. The Federal Law Enforcement Training Accreditation Board 
shall lead the Federal law enforcement training accreditation process, 
to include representatives from the Federal law enforcement community 
and non-Federal accreditation experts involved in law enforcement 
training, to continue the implementation of measuring and assessing the 
quality and effectiveness of Federal law enforcement training programs, 
facilities, and instructors.
    Sec. 508. None of the funds in 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 of State Homeland Security grants; Urban Area Security 
Initiative grants; or Regional Catastrophic Preparedness Grants.
    Sec. 509. 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 is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 510. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 511. 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, if 
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. 512. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 513. (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. 514. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 515. 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. 516. None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided, That the Director of 
the United States Secret Service may enter into an agreement to perform 
such service on a fully reimbursable basis.
    Sec. 517. (a) The Secretary of Homeland Security shall research, 
develop, and procure new technologies to inspect and screen air cargo 
carried on passenger aircraft at 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 (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 (Transportation Security Administration) 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 section 44901(g)(2) of title 49, United States Code.
    Sec. 518. None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under section 
222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, 
direct that changes be made to, delay, or prohibit the transmission to 
Congress of any report prepared under paragraph (6) of such section.
    Sec. 519. No funding made available to the Department of Homeland 
Security in this Act shall be available to pay the salary of any 
employee serving as a contracting officer's technical representative, 
or anyone acting in a similar capacity, who has not received 
contracting officer's technical representative training.
    Sec. 520. 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, 
and 2007 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. 521. Section 525(d) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1382) shall 
apply to fiscal year 2009.
    Sec. 522. Any funds appropriated to United States Coast Guard, 
``Acquisition, Construction, and Improvements'' for fiscal years 2002, 
2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion 
that are recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Replacement Patrol Boat (FRC-B) program.
    Sec. 523. None of the funds provided in this Act shall be available 
to commence operations of the National Applications Office or the 
National Immigration Information Sharing Operation 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.
    Sec. 524. 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. 525. Section 532(a) of Public Law 109-295 is amended by 
striking ``2008'' and inserting ``2009''.
    Sec. 526. None of the funds made available by this Act shall be 
used in contravention of the Federal buildings performance and 
reporting requirements of Executive Order No. 13123, part 3 of title V 
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et 
seq.), or subtitle A of title I of the Energy Policy Act of 2005 
(including the amendments made thereby).
    Sec. 527. The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 528. None of the funds made available in this Act may be used 
in contravention of section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212).
    Sec. 529. None of the funds made available by this Act may be used 
to take an action that would violate Executive Order No. 13149 (65 Fed. 
Reg. 24607; relating to greening the Government through Federal fleet 
and transportation efficiency).
    Sec. 530. Subsections (a), (b), and (d)(1) 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.
    Sec. 531. (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. 532. 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 (Transportation Security 
Administration) reverses the determination of July 19, 2007, that 
butane lighters are not a significant threat to civil aviation 
security.
    Sec. 533. Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of the 
enactment of this Act.
    Sec. 534. (a) Except as provided in subsection (b), none of the 
funds appropriated in this or any other Act to the Office of the 
Secretary and Executive Management, the Office of the Under Secretary 
for Management and the Office of the Chief Financial Officer, may be 
obligated for a grant or contract funded under such headings 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-
        48c);
            (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 interest of national security or if failure to do so would pose a 
substantial risk to human health or welfare.
    (2) Not later than 5 days after the date on which the Secretary of 
Homeland Security exercises 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. The Secretary may not delegate 
the authority to grant such a waiver.
    (d) In addition to the requirements established by this section, 
the Inspector General for 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 during 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 the contract, 
the criticality of the contract to fulfilling Department missions, past 
performance problems on similar contracts or by the selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the Inspector General deems 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. 535. 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. 536. None of the funds provided in this Act shall be available 
to carry out section 872 of Public Law 107-296.
    Sec. 537. None of the funds provided in this Act under the heading 
``Office of the Chief Information Officer'' shall be used for data 
center development other than for the National Center for Critical 
Information Processing and Storage until the Chief Information Officer 
certifies that the National Center for Critical Information Processing 
and Storage is fully utilized as the Department's primary data storage 
center at the highest capacity throughout the fiscal year.
    Sec. 538. None of the funds in this Act shall be used to reduce the 
United States Coast Guard's Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 539. None of the funds appropriated by this Act may be used to 
conduct, or to implement the results of, a competition under Office of 
Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 540. The Secretary of Homeland Security shall require that all 
contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 541. 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 required under section 401 of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note).
    Sec. 542. None of the funds made available in this Act for U.S. 
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. 543. 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. 544. None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 545. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date that 
the President determines whether to declare a major disaster because of 
an event and any appeal is completed, the Administrator shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Homeland Security of the House of 
Representatives, the Committee on Transportation and Infrastructure of 
the House of Representatives, the Committees on Appropriations of the 
Senate and the House of Representatives, and publish on the website of 
the Federal Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment information used to 
determine whether to declare a major disaster.
    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 546. Section 831(a) of the Homeland Security Act of 2002 (6 
U.S.C. 391(a)) is amended by striking ``Until September 30, 2008'' and 
inserting in lieu thereof, ``Until September 30, 2009''.
    Sec. 547. Notwithstanding any other provision of law, should the 
Secretary of Homeland Security determine that the National Bio and 
Agro-defense Facility be located at a site other than Plum Island, New 
York, the Secretary shall 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 which 
support Plum Island operations, subject to such terms and conditions as 
necessary to protect government interests and meet program 
requirements: Provided, That the proceeds of such sale shall be 
deposited as offsetting collections into the Department of Homeland 
Security Science and Technology ``Research, Development, Acquisition, 
and Operations'' account and, subject to appropriation, shall be 
available until expended, for site acquisition, construction, and costs 
related to the construction of the National Bio and Agro-defense 
Facility, including the costs associated with the sale, including due 
diligence requirements, necessary environmental remediation at Plum 
Island, and reimbursement of expenses incurred by the General Services 
Administration which shall not exceed 1 percent of the sale price.
    Sec. 548. In fiscal year 2009, under the direction of the Secretary 
of Homeland Security, the United States Secret Service shall, during 
the period of 6 months immediately after an individual ceases to serve 
as Vice President, protect such individual if the Secretary determines 
that such individual is in significant danger, and the spouse of such 
individual if the Secretary determines that the spouse is in 
significant danger: Provided, That the Secret Service, under the 
direction of the Secretary, may for the remainder of fiscal year 2009 
provide protection to such individual or spouse temporarily at any time 
when the Secretary determines that information or conditions warrant 
such protection: Provided further, That the Secret Service shall have 
the same authorities and functions in providing protection under this 
section as under laws relating to protection of the Vice President or 
the spouse of the Vice President, including laws that provide for 
obtaining assistance from executive agencies and use of passenger 
carriers to transport: Provided further, That the offenses and 
penalties prescribed by law with respect to obstruction, resistance, or 
interference with the performance of protective functions, including 
with respect to restrictions on buildings or grounds, in relation to a 
Vice President or spouse of a Vice President shall apply with respect 
to performance of protective functions under this section: Provided 
further, That the authority granted by this section is in addition to 
any authority that may otherwise be available by law.
    Sec. 549. Notwithstanding any other provision of law, and not later 
than 30 days after the date of submission of a request for a single 
payment, the President shall provide a single payment for any eligible 
costs under section 406 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172) for any police station, fire 
station, or criminal justice facility that was damaged by Hurricane 
Katrina of 2005 or Hurricane Rita of 2005: Provided, That the President 
shall not reduce the amount of assistance provided under section 
406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5172(c)(1)) for such facilities: Provided 
further, That nothing in the previous proviso may be construed to alter 
the appeal or review process relating to assistance provided under 
section 406 of the Stafford Act (42 U.S.C. 5172): Provided further, 
That the President shall not reduce the amount of assistance provided 
to a local government under section 406(d) of the Stafford Act (42 
U.S.C. 5172(d)) more than once for each such type of facility for which 
that local government is receiving assistance under section 406 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
relating to Hurricane Katrina of 2005 or Hurricane Rita of 2005.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2009''.
                                                       Calendar No. 830

110th CONGRESS

  2d Session

                                S. 3181

                          [Report No. 110-396]

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                                 A BILL

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

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                             June 23, 2008

                 Read twice and placed on the calendar